RUBY GAYLE RODDY, APPELLANT,
v.
CHARLES T. RODDY, APPELLEE
RUBY GAYLE RODDY, APPELLANT,
CHARLES T. RODDY, APPELLEE
593 So. 2d 568
Florida District Court of Appeal, Fourth District (1992)
Caution
Cited by 14 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
LETTS, J., and FRANK, RICHARD H., Associate Judge, concur. ANSTEAD, J., dissents with opinion.
Dissent
ANSTEAD, Judge,
dissenting.
I believe that the appellant is at least entitled to a hearing on the issue of attorney’s fees and costs. It is undisputed that there is a tremendous financial disparity between the parties in favor of the appel-lee. What is lacking is a record demonstrating the nature and amount of fees and costs claimed and a legal and evidentiary basis for denying the claim. On the present record we are left to speculate as to the possible basis for the trial court’s denial.
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State Farm Mut. Auto. Ins. Co. v. Shepard, 644 So. 2d 111 (Fla. 2d DCA 1994)…64 (D.Mass.1992). Here, Ms. Shepard’s sole objection to the requested examination was the location. Under the circumstances of this case, the trial court properly ordered that the examination take place in Collier County. See Youngblood v. Michaud, 593 So. 2d 568 (Fla. 4th DCA 1992). Having ruled in Ms. Shepard’s favor on that point, it was an abuse of discretion under the facts of this case not to allow State Farm to select which expert in Collier County would conduct the examination. Accordingly, we quash…
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Tsutras v. Duhe, 685 So. 2d 979 (Fla. 5th DCA 1997)…located in the area where the trial will be held. Because the Tsutrases voluntarily elected to move from Orange County after they filed suit, I do not find the cases of Calvaneso v. Neal, 678 So. 2d 366 (Fla. 5th DCA 1996) or Youngblood v. Michaud, 593 So. 2d 568 (Fla. 4th DCA 1992) to be controlling. Under these unique facts, I cannot find that the trial judge departed from the essential requirements of law and would therefore decline to ■issue the writ. See Haines City Community Dev. v. Heggs, 658 So. 2d 5…
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Kristopher Goeddel v. Phillip J. Davis, M.D., 993 So. 2d 99 (Fla. 5th DCA 2008)…no abuse of discretion was found where the trial court ordered the nonresident plaintiff to submit to a medical examination in the forum state [*101] at the time she was in the state for her deposition. Goeddel’s reliance on Youngblood v. Michaud, 593 So. 2d 568 (Fla. 4th DCA 1992) is also misplaced. In Youngblood, our sister court held that a nonresident defendant in a personal injury action would not be required to submit to a medical examination in Florida. In the present case, Goeddel was properly orde…
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