25 Fla. L. Weekly Supp. 550a
Online Reference: FLWSUPP 2506GORDCivil procedure — Insurance — Discovery — Depositions — Expert witnesses — Treating physician is deemed an expert witness under rule 1.390 and is entitled to expert witness fee for attending deposition
A-PLUS MEDICAL & REHAB CENTER a/a/o Karlene Gordon, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, a Florida Corporation, Defendant. County Court, 11th Judicial Circuit in and for Dade County, General Jurisdiction Division. Case No. 12-12523 AP 25 (4). August 10, 2017. Carlos Guzman, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Joshua Lida, Brooks Lawyers, for Defendant.
ORDER GRANTING PLAINTIFF’SMOTION FOR PROTECTIVE ORDER ANDAWARD OF EXPERT WITNESS FEE
THIS MATTER, having come before the Court for hearing on July 25, 2017, on Plaintiff’s Motion for Protective Order and award of Expert Witness Fee, the Court having reviewed each party’s respective motions, read relevant legal authority, heard argument from counsel of each party, and been sufficiently advised in the premises, finds as follows:
During discovery, the Defendant sought to depose the treating physician, Dr. Marc Rogoff, D.C. The Plaintiff filed a Motion for Protective Order regarding said deposition on the basis that the treating physician is an expert witness pursuant to Rule 1.390 and thus entitled to a fee for attending the deposition. The Defendant argued that Dr. Rogoff was the treating physician and thus not entitled to an expert witness fee. The issue before the Court is whether a treating physician is entitled to an expert witness fee pursuant to Rule 1.390 of the Florida Rules of Civil Procedure. This Court finds that:
1. Dr. Rogoff’s Motion for Protective Order and award of Expert Witness Fee is hereby GRANTED.
2. Dr. Marc Rogoff, D.C. is deemed an expert witness under Rule 1.390 of the Florida Rules of Civil Procedure and shall be entitled to an expert witness fee of $300.00 per hour.
