JESUS MARIA ESPANA, PETITIONER,
v.
HILDA REDNERIS, RESPONDENT
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PER CURIAM.
We grant the petition for writ of certiorari and quash the order of the trial court requiring the petitioner in a personal injury action to appear in Dade County for deposition or have his pleadings struck. The defendant is a resident of Guatemala and did not plead for affirmative relief in the proceedings below. There is no evidence in the record that he is evading discovery. The general rule is that a defendant not requesting affirmative relief is not required to travel to the forum of the action for a discovery deposition absent extraordinary circumstances. See, e.g., Patterson v. Venne, 594 So. 2d 331 (Fla. 3d DCA 1992); Godshall v. Hessen, 227 So. 2d 506 (Fla. 3d DCA 1969), cert, denied, 237 So. 2d 530 (Fla.1970). This case does not present extraordinary circumstances to deviate from the general rule.
The order requiring petitioner to appear for a discovery deposition in Dade County is quashed.
WARNER, POLEN and KLEIN, JJ., concur.
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CVS Caremark Corp. & Gallagher Bassett Servs., Inc. v. Latour, 109 So. 3d 1232 (Fla. 1st DCA 2013)…92 (Fla. 5th DCA 1995) (“Generally, a defendant will not be required to travel a great distance and incur substantial expense for the purpose of being deposed by a plaintiff, unless the defendant is seeking affirmative relief.”); Espana v. Redneris, 661 So. 2d 1295, 1296 (Fla. 4th DCA 1995) (“The general rule is that a defendant not requesting affirmative relief is not required to travel to the forum of the action for a discovery deposition absent extraordinary circumstances.”). The court further explained tha…
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Ayer v. Bush, 696 So. 2d 1333 (Fla. 4th DCA 1997)…ear in St. Lucie County for deposition, their having been sued there. Petitioners are residents of Ohio, are not presently seeking affirmative relief against plaintiff/respondent, and have not evaded discovery on this record. See Espana v. Redneris, 661 So. 2d 1295 (Fla. 4th DCA 1995). We deny the petition as to mediation, that not being the subject of petitioners’ motion [*1334] for protective order nor any order thereon presented to us. GLICKSTEIN, WARNER and POLEN, JJ., concur.…
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Remo Polselli and Hanna Karcho v. Wicker, 133 So. 3d 1172 (Fla. 4th DCA 2014)…sought affirmative relief or extraordinary circumstances exist. See Fla. R. Civ. P. 1.410(e)(2); Dan Euser [*1173] Waterarchitecture, Inc. v. City of Miami Beach, 112 So. 3d 683, 684 (Fla. 3d DCA 2013); Ayer, 696 So. 2d at 1333; Espana v. Redneris, 661 So. 2d 1295 (Fla. 4th DCA 1995). Petitioners are not seeking affirmative relief and respondents have failed to demonstrate that extraordinary circumstances exist, which would require petitioners’ appearance in Florida for deposition. Petition granted and order…
Authorities Cited
- Patterson v. Venne, 594 So. 2d 331 (Fla. 3d DCA 1992)
- Godshall v. Hessen, 227 So. 2d 506 (Fla. 3d DCA 1969)
- Cook v. City of Gainesville, 237 So. 2d 530 (Fla. 1970)
- Hamilton Elec. Co. v. Polk Cnty. Abstract Co., 237 So. 2d 530 (Fla. 1970)