GEICO Indemnity Company v. Chmielewski

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. -2-