22 Fla. L. Weekly Supp. 1111c
Online Reference: FLWSUPP 2209DANIInsurance — Discovery — Depositions — Treating physician who is owner of plaintiff medical provider is not entitled to expert witness fee for his deposition testimony
OPTIMAL WELLNESS & REHAB CENTER, P.A., A/A/O KHIA DANIELS, Plaintiff, vs. PEAK PROPERTY AND CASUALTY INSURANCE CORP., Defendant. County Court, 20th Judicial Circuit in and for Lee County. Case No. 13-CC-003486. December 15, 2014. Josephine M. Gagliardi, Judge. Counsel: Miguel R. Roura, Roig Lawyers, Tampa, for Defendant.
ORDER DENYING PLAINTIFF’S MOTIONFOR PROTECTIVE ORDER AS TO THE TAKINGOF THE DEPOSITION OF DR. ROBERT STOLTZ, D.C.,AS TO THE TAKING OF THE DEPOSITION WITHOUTEXPERT WITNESS FEE AND MOTION TO COMPELEXPERT FEE, AND MOTION FOR ATTORNEYS FEESAND COSTS PURSUANT TO Rule 1.280(c), FRCP
THIS CAUSE having come on Plaintiff’s Motion for Protective Order as to the Taking of the Deposition of Dr. Robert Stoltz, D.C., as to the Taking of the Deposition Without Expert Witness Fee and Motion to Compel Expert Fee, and Motion for Attorneys Fees and Costs Pursuant to Rule 1.280(c), FRCP and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion is DENIED without prejudice.
The Defendant has scheduled the deposition of the treating physician Dr. Robert Stoltz, DC. Dr. Stoltz, DC is not entitled to an expert fee since he is the owner of the Plaintiff.
* * *
