22 Fla. L. Weekly Supp. 954c
Online Reference: FLWSUPP 2208WALTInsurance — Discovery — Depositions — Failure to attend — Sanctions — Dismissal
TROPICAL HEALING POWER, LLC, As assignee of Maurice Walton, Jr., Plaintiff, v. INTEGON INDEMNITY CORPORATION, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 10-CC-020966. August 7, 2014. Honorable Gaston J. Fernandez, Judge. Counsel: Stuart B. Yanofsky, Stuart B. Yanofsky, P.A., Plantation, for Plaintiff. Steven T. Sock, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’SSECOND MOTION TO DISMISS
THIS CAUSE having come before the Court upon Defendant’s Motion Second Motion to Dismiss, and argument having been heard by this Court on April 23, 2014, having been fully advised in the premises, it is ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss is GRANTED.
2. Plaintiff filed this action in August 2010.
3. On August 14, 2013, Plaintiff was ordered to produce certain person for deposition within thirty days.
4. Plaintiff failed to produce these persons within the time allowed.
5. Following the Florida Supreme Court case of Mercer v. Raine, 443 So.2d 944 (Fla. 1983), dismissal is appropriate.
6. The Court reserves jurisdiction to consider all matters ancillary hereto.
7. Defendant shall go hence without day. Plaintiff shall take nothing from this action.
The Court reserves jurisdiction to determine the amount of taxable fees and costs to award the Defendant.
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