9 Fla. L. Weekly Supp. 488b
Insurance — Discovery — Depositions — Expert witness fee — Plaintiff medical provider is not entitled to expert witness fee for his deposition
ROBERTO ARIAS, D.C., as assignee of ADA SCHULT, Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. CC0-01-14010. April 12, 2002. C. Jeffery Arnold, Judge. Counsel: Gale L. Young, Reynolds & Stowell, St. Petersburg. Michael J. Smith.
ORDER DENYING PLAINTIFF’S MOTION TOSET REASONABLE FEE
THIS CAUSE having come on for hearing on March 25, 2002 on Plaintiff’s Motion to Set Reasonable Fee, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that Plaintiff’s motion is DENIED. Plaintiff is not entitled to a fee as an expert witness for his deposition. The theories enunciated in Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289 (Fla. 3d DCA 1998), Frantz, D.D.S. v. Gobeliewski, 407 So. 2d 283 (Fla. 3d DCA 1981), and Kurdian v. State Farm Mutual Automobile Insurance Company, 7 Fla. L. Weekly Supp. 694 (Fla. 17th Cir., County Ct., June 29, 2000) apply and control this issue.
Plaintiff shall submit to a deposition to be conducted at his office as a “professional courtesy” providing he has the appropriate facilities to accommodate the parties, Counsel and the Court Reporter. Otherwise it shall be conducted at a Court Reporter’s office unless otherwise agreed to by Counsel for the parties.
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