LUNDY STABLES AND CNA INSURANCE COMPANY, PETITIONERS,
v.
CATHERINE RIVERS, RESPONDENT
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In this workers' compensation case, the court denied a petition for writ of certiorari challenging an order compelling discovery and awarding sanctions. The employer/carrier failed to timely file a motion for protective order before depositions were scheduled, then failed to appear at the depositions and sought review of the compulsory order.
The court held that the filing of a motion for protective order does not act as an automatic stay of scheduled depositions under the Florida Rules of Civil Procedure, and that the order granting the motion to compel and the sanction award of $900 in attorney's fees did not constitute a departure from the essential requirements of law.
[1] A petition for writ of certiorari seeking review of a judge of compensation claims order will be denied if the petition fails to demonstrate a departure from the essentia…
[2] Filing a motion for a protective order does not automatically stay scheduled depositions.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find no support for this contention in the Florida Rules of Civil Procedure.”
The court rejected the employer/carrier's argument that filing a motion for protective order automatically stays depositions.
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Join FLexlaw to unlock all legal intelligenceIn a workers' compensation case, the claimant subpoenaed a rehabilitation provider and noticed the carrier's adjuster for deposition on October 13, 19…
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PER CURIAM.
Petitioners seek a writ of certiorari to review an order of the judge of compensation claims (JCC) which granted a motion to compel discovery. Finding that the petition fails to demonstrate a departure from the essential requirements of law, we deny the petition. ,
The claimant in this workers’ compensation case subpoenaed the rehabilitation provider and noticed the carrier’s adjuster for deposition. Both witnesses were to appear on October 13, 1989. The employer/carrier (e/c) alleges its counsel prepared a motion for protective order under certificate of service dated October 6, 1989. The motion sought to limit discovery of certain issues which were presently on appeal. The e/c failed to file that motion or serve it upon opposing counsel. The e/c characterizes the failure to file or serve the motion for protective order as an “inadverten[t] or excusable clerical mistake.” Upon discovery of the error, the e/c prepared another motion for protective order and filed it on October 13, about the same time the depositions were scheduled to commence. Upon advice of counsel for the e/c, neither the rehabilitation provider nor the claims adjuster appeared for the depositions. Certificates of nonappearance were obtained by the claimant.
Claimant then filed a motion to compel discovery and for sanctions. At hearing, the JCC considered these motions along with the e/c’s motion for protective order. The e/c’s motion for protective order was granted upon the grounds argued in the motion and counsel for claimant was directed to refrain from inquiring into matters presently on appeal. The JCC also granted the claimant’s motion to compel and motion for sanctions. Sanctions in the form of an attorney’s fee award of $900 were granted. Petitioners seek review of this order of the JCC.
Petitioners argue that the filing of the motion for protective order acted as an automatic stay of the scheduled depositions. We find no support for this contention in the Florida Rules of Civil Procedure. The e/c argues that the order granting the motion to compel discovery violates the work product privilege and attorney/client privilege because the subpoena duces te-cum calls for production of the entire claims file. The e/c did not make these arguments to the JCC, but requested a motion for protective order only to limit discovery of issues presently on appeal. We decline to review an issue which was not presented to the JCC. The e/c also argues that the attorney’s fee award of 1900 is excessive and unwarranted. We do not agree.
Petitioners having failed to show that the order below constitutes a departure from the essential requirements of the law, the petition for writ of certiorari is denied.
ERVIN, ZEHMER and ALLEN, JJ„ concur.
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Sheik Abdul Rahman Momenah v. Ammache, 616 So. 2d 121 (Fla. 2d DCA 1993)…nity to appear or to seek review of the denial of his motion. See Stowe v. Shults, 379 So. 2d 682 (Fla. 2d DCA1980). The filing of a motion for protective order does not act as an automatic stay in a civil action. Stables and CNA Ins. Co. v. Rivers, 559 So. 2d 440 (Fla. 1st DCA1990). But see Trawick’s Florida Practice & Procedure § 16-12 Protective Orders (1992 Ed.). When, however, a party seeking the order makes his motion as soon as the need for it becomes known and tries to obtain a hearing on the motion b…