De Larocha v. Ferrari

District Court of Appeal of Florida

De Larocha v. Ferrari

43 So. 3d 873, 2010 Fla. App. LEXIS 12910, 2010 WL 3447211

District Court of Appeal of Florida·Decided September 3, 2010·No. No. 5D10-916·Published

Opinion

SAWAYA, J.

Petitioners seek certiorari review of a circuit court order requiring Petitioner, Amparo R. De Larocha, to submit to a compulsory medical examination in the presence of a videographer hired by and acting on behalf of counsel for Respondents. Pursuant to this court’s recent decision in Prince v. Mallari, 36 So.3d 128 (Fla. 5th DCA 2010), we conclude that the circuit court departed from the essential requirements of the law and that Petitioners will suffer irreparable harm. We note, parenthetically, that Respondents confess error based on Prince. Accordingly, we grant the petition and quash the order under review.

PETITION GRANTED; ORDER QUASHED.

MONACO, C.J. and TORPY, J., concur.

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SAWAYA, J.

Petitioners seek certiorari review of a circuit court order requiring Petitioner, Amparo R. De Larocha, to submit to a compulsory medical examination in the presence of a videographer hired by and acting on behalf of counsel for Respondents. Pursuant to this court’s recent decision in Prince v. Mallari, 36 So.3d 128 (Fla. 5th DCA 2010), we conclude that the circuit court departed from the essential requirements of the law and that Petitioners will suffer irreparable harm. We note, parenthetically, that Respondents confess error based on Prince. Accordingly, we grant the petition and quash the order under review.

PETITION GRANTED; ORDER QUASHED.

MONACO, C.J. and TORPY, J., concur.

De Larocha v. Ferrari, 43 So. 3d 873, 2010 Fla. App. LEXIS 12910, 2010 WL 3447211 (Fla. Ct. App. 2010).

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Opinion

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