Document for MILLER, JOHN vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY

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                                Filing # 178421405 E-Filed 07/28/2023 12:09:39 AM



                                                                    IN THE CIRCUIT COURT OF THE
                                                                    TWENTIETH JUDICIAL CIRCUIT, IN
                                                                    AND   FOR  CHARLOTTE   COUNTY,
                                                                    FLORIDA
                                                                    CASE NO.: 23001753CA

        JOHN MILLER AND TAMARA MILLER,

                  Plaintiff(s),
        VS.


         HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY,

                  Defendant.
                                                         /

                              PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF
                                       DEFENDANT'S FIELD ADJUSTER
                  COMES       NOW,      the Plaintiff(s), JOHN     MILLER AND       TAMARA     MILLER,      by and

        through its undersigned counsel and pursuant to Florida Rules of Civil Procedure                     1.380

        and 1.310, hereby requests entry of an Order compelling the deposition testimony of the

         Defendant's Field Adjuster with the most knowledge regarding the above-captioned claim

        and in support thereof states as follows:

              1   This is a claim for breach of contract arising out of damages to Plaintiff's property

                  that occurred from a hurricane damage event on or about September 28, 2022.

                  The Plaintiff filed the instant lawsuit as a result of Defendant’s breach of contract

                  for failing to fully pay for all of Plaintiff's damages arising from the hurricane

                  damage of September 28, 2022.

                  The   Plaintiff has     previously   requested   the deposition    of the   Defendant’s     Field

                  Adjuster.

                  This motion is made in good faith and not for the purpose of delay.

                  WHEREFORE,            Plaintiff(s), JOHN   MILLER AND TAMARA           MILLER,    respectfully
requests this Honorable Court enter an Order GRANTING              Plaintiff's Motion to Compel

the Deposition of Defendant's Field Adjuster Pursuant to Fla. R. Civ. P. 1.310(b)(6), as

well as awarding attorneys’ fees and costs associated with the filing of this Motion and

any other relief this Court deems just and proper.


                                  CERTIFICATE OF SERVICE

          | HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the

Florida    E-Portal, which   will electronically serve a copy to all parties of record    at the

designated email address registered with the e-portal on the date identified in the e-filing.

                                             BOLTZ      LEGAL
                                             Attorney    for Plaintiff
                                             1221 E.    Broadway St., Suite 1011
                                             Oviedo,    FL 32765
                                             Telephone: (386) 868-5848
                                             Fax: (386) 868-5847
                                             Primary: brookeboltz@boltzlegal.com
                                             Secondary: eservice@boltzlegal.com

                                              /s/ BROOKE BOLTZ
                                             BROOKE BOLTZ, ESQUIRE
                                             Florida Bar No.: 54035