12 Fla. L. Weekly Supp. 569a
Insurance — Personal injury protection — Discovery — Depositions — Failure to appear — Sanctions — Motions for contempt and/or orders compelling attendance of two witnesses at depositions granted — Sanctions — Attorney’s fees awarded for cost of bringing motion against one witness
SAPIEN DIAGNOSTIC, INC., on behalf of GLORIA GUZMAN, Plaintiff, vs. LINCOLN GENERAL INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 04-003999-SC-NPC. March 21, 2005. Dorothy L. Vaccaro, Judge. Counsel: Kimberly A. Sandefer, Gale L. Young, P.A., Tampa. Christopher DeBari. Michael G. Stepakof.
ORDER ON DEFENDANT’S MOTIONS FOR CONTEMPTAND/OR MOTIONS FOR ORDER COMPELLING WITNESS TO APPEAR FOR DEPOSITION
THIS CAUSE, having come on before this Court on March 16, 2005, upon the Defendant’s Motion for Contempt And/Or Motion For Order Compelling Witness To Appear For Deposition as to Gloria Guzman and Defendant’s Motion for Contempt And/Or Motion For Order Compelling Witness To Appear For Deposition as to Teresita Guzman. Present before the Court were counsel for Plaintiff, Defendant and Gloria Guzman and Teresita Guzman. After having heard arguments from the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Defendant’s Motion for Contempt And/Or Motion For Order Compelling Witness To Appear For Deposition, as to Teresita Guzman is hereby GRANTED. Teresita Guzman is hereby ordered to appear for deposition, at a date and time certain, to be set by Defendant’s counsel. Defendant’s request for attorney’s fees and costs against Teresita Guzman is DENIED.
2. Defendant’s Motion for Contempt And/Or Motion For Order Compelling Witness To Appear For Deposition as to Gloria Guzman is hereby GRANTED. Gloria Guzman is hereby ordered to appear for deposition, at a date and time certain, to be set by Defendant’s counsel.
3. Defendant’s request for attorney’s fees and costs against Gloria Guzman is GRANTED. Gloria Guzman shall pay to Defendant $84.00 in attorney’s fees and costs for the cost of bringing Defendant’s Motion for Contempt and/or Motion for Order Compelling Witness to Appear for Deposition as to Gloria Guzman before the Court, to be paid by Gloria Guzman to the Defendant within three (3) months from the date of this hearing.
4. Gloria Guzman is to accept service of the Subpoena For Deposition on behalf of her mother, Teresita Guzman, whose address is 4803 Milton Avenue, #119, Tampa, Florida.
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