NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
GEICO INDEMNITY COMPANY, )
)
Petitioner, )
)
v. ) Case No. 2D15-3034
)
MARK CHMIELEWSKI, as court- )
appointed guardian of Matthew )
Martin, and RAYMOND CONSUL, )
)
Respondents. )
________________________________ )
Opinion filed January 6, 2016.
Petition for Writ of Certiorari to the
Circuit Court for Sarasota County;
Rochelle T. Curley, Judge.
B. Richard Young, Megan M. Hall, and
Courtney F. Smith of Young, Bill,
Roumbos & Boles, P.A., Pensacola, for
Petitioner.
Steven T. Wittmer of Wittmer/Linehan,
PLLC, Sarasota, for Respondent Mark
Chmielewski.
T.R. Unice, Jr., Jeffrey D. Jensen, and
Ashley D. Jordan of Unice Salzman
Jensen, P.A., Trinity, for Respondent
Raymond Consul.
KELLY, Judge.
GEICO Indemnity Company, a nonparty to an automobile negligence
action, seeks certiorari review of an order1 compelling production of its claim file. Mark
Chmielewski, 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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