GEICO Indemnity Company v. Chmielewski

District Court of Appeal of Florida

GEICO Indemnity Company v. Chmielewski

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

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket2D15-3034

StatusPublished

This text of 181 So. 3d 577 (GEICO Indemnity Company v. Chmielewski) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GEICO Indemnity Company v. Chmielewski, 181 So. 3d 577, 2016 Fla. App. LEXIS 178, 2016 WL 65778 (Fla. Ct. App. 2016).

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Opinion

*578 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.

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*578 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.

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Bluebook (online)

181 So. 3d 577, 2016 Fla. App. LEXIS 178, 2016 WL 65778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geico-indemnity-company-v-chmielewski-fladistctapp-2016.