State Farm Mutual Insurance v. Kendrick

District Court of Appeal of Florida

State Farm Mutual Insurance v. Kendrick

838 So. 2d 1177, 2002 WL 31870180

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 2002

DocketNo. 3D00-3022

StatusPublished

This text of 838 So. 2d 1177 (State Farm Mutual Insurance v. Kendrick) 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.

Bluebook

State Farm Mutual Insurance v. Kendrick, 838 So. 2d 1177, 2002 WL 31870180 (Fla. Ct. App. 2002).

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Opinion

COPE, J.

State Farm Mutual Automobile Insurance Company petitions this Court for a writ of certiorari, seeking to quash an order compelling discovery and assessing sanctions in a class action suit brought by plaintiff Jo Carol Kendrick.

The challenged discovery order was obtained to assist the plaintiff in identifying potential class action members. Subsequently, the class action certification has been reversed. State Farm Mutual Automobile Ins. Co. v. Kendrick, 822 So.2d 516 (Fla. 3d DCA 2002). Both sides agree that the petition is moot insofar as the discovery order is concerned.

The petition also sought review of an order entered by the trial court which granted the plaintiffs motion for sanctions. The order directed State Farm to turn certain information over to the plaintiff, held that the plaintiff would be entitled to attorney’s fees for the expenses of the motion, and reserved ruling on whether a fine would be imposed at a later time. Because the judicial labor has not been completed on the sanctions order, in the exercise of discretion we decline to entertain this aspect of the petition.

For the stated reasons, the petition for writ of certiorari is denied.

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COPE, J.

State Farm Mutual Automobile Insurance Company petitions this Court for a writ of certiorari, seeking to quash an order compelling discovery and assessing sanctions in a class action suit brought by plaintiff Jo Carol Kendrick.

The challenged discovery order was obtained to assist the plaintiff in identifying potential class action members. Subsequently, the class action certification has been reversed. State Farm Mutual Automobile Ins. Co. v. Kendrick, 822 So.2d 516 (Fla. 3d DCA 2002). Both sides agree that the petition is moot insofar as the discovery order is concerned.

The petition also sought review of an order entered by the trial court which granted the plaintiffs motion for sanctions. The order directed State Farm to turn certain information over to the plaintiff, held that the plaintiff would be entitled to attorney’s fees for the expenses of the motion, and reserved ruling on whether a fine would be imposed at a later time. Because the judicial labor has not been completed on the sanctions order, in the exercise of discretion we decline to entertain this aspect of the petition.

For the stated reasons, the petition for writ of certiorari is denied.

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Bluebook (online)

838 So. 2d 1177, 2002 WL 31870180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-insurance-v-kendrick-fladistctapp-2002.

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