GEICO Indemnity Company v. Chmielewski

181 So. 3d 577, 2016 Fla. App. LEXIS 178, 2016 WL 65778

Opinion

KELLY, Judge.

GEICO Indemnity Company, a nonparty to an automobile negligence action, seeks certiorari review of an order 1 compelling production of its claim file. Mark Chmie-lewski, as court-appointed guardian for Matthew Martin, correctly concedes that the order departs from the essential requirements of law because GEICO was not properly served with a lawful subpoena in the manner prescribed by Florida Rule of Civil Procedure 1.351 (production of documents without deposition from a nonparty). Accordingly, we quash the order compelling production of the documents and remand for further proceedings.

Petition granted; order quashed; remanded.

NORTHCUTT and CRENSHAW, JJ., Concur.

1 . Order on Exceptions to Recommended Order of General Magistrate rendered on June 11, 2015.