22 Fla. L. Weekly Supp. 1110c
Online Reference: FLWSUPP 2209SNIPInsurance — Discovery — Depositions — Treating physician is not entitled to expert witness fee for his deposition testimony
OPTIMAL WELLNESS & REHAB CENTER, P.A., A/A/O SHAMEIKA SNIPES, Plaintiff, vs. PEAK PROPERTY AND CASUALTY INSURANCE CORP., Defendant. County Court, 20th Judicial Circuit in and for Lee County. Case No. 13-CC-003485. December 17, 2014. Maria E. Gonzalez, 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.
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 treating physician and did not acquire his expert knowledge for the purpose of litigation.
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