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FRANCISCO GOMEZ, M.D., P.A. (as Assignee of Francis Clement), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 506a

Insurance — Discovery — Sanctions — Plaintiff ordered to pay $100 to defendant’s attorney — Plaintiff ordered to produce sign-in sheets for all dates of treatment for insured or affidavit indicating that they are not available — If plaintiff fails to comply with order, case will be dismissed with prejudice

FRANCISCO GOMEZ, M.D., P.A. (as Assignee of Francis Clement), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2000-4555-SC-J. May 1, 2001. Gaston J. Fernandez, Judge. Counsel: William Rocker, for Plaintiff. Karen A. Barnett, Barnett & Associates, P.A., Tampa, for Defendant.

ORDER ON DEFENDANT’S MOTION FORSANCTIONS AND MOTION TO DISMISS

THIS CAUSEhaving come before the Court on Defendant’s Motion for Sanctions and Motion to Dismiss on March 21, 2001 and the Court being fully advised in the premises it is ordered that:

1. Defendant’s Motion is GRANTED.

2. Plaintiff shall remit directly to the Defendant’s counsel the sum of $400.00 no later than 5:00 p.m. on Wednesday, March 28, 2001.

3. It is further ordered that Plaintiff will produce to the Defendant the sign-in sheet for Plaintiff on all dates of treatment for Francis Clement on or before the close of business Wednesday, March 28, 2001.

4. That Plaintiff’s counsel advised the Court at the hearing on this motion that the sign in sheets may not be available. Should this be the case, Plaintiff will supply Defendant with a sworn affidavit indicating the same on or before the close of business Wednesday, March 28, 2001.

5. That should Plaintiff fail to comply with the terms of this order, the case is dismissed with prejudice.

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