SUNRISE MILLS (MLP) LIMITED PARTNERSHIP, A DISTRICT OF COLUMBIA LIMITED PARTNERSHIP, APPELLANT,
v.
DONNA ADAMS, APPELLEE
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In this personal injury case, the court granted certiorari to review a trial court's order sustaining plaintiff's objection to a request for admission regarding the amount of damages sought. The court held that defendant had a statutory right to discovery concerning the amount in controversy for purposes of determining federal removal jurisdiction, and that the trial court's decision constituted a substantial departure from the essential requirements of law.
The court held that the trial court erred in sustaining the objection because defendant had a statutory right under federal law to obtain discovery regarding the amount in controversy for removal purposes, and plaintiff's objection that the amount was not a material evidentiary issue was legally insufficient. The court granted certiorari and overruled the objection.
[1] Orders limiting or denying discovery are generally not reviewable by common law certiorari, but an exception exists when there is a substantial departure from the essenti…
[2] The right to federal jurisdiction over a claim is a matter that may affect the essential requirements of law, making discovery orders related to removal reviewable by com…
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Join FLexlaw to unlock all legal intelligence“Not permitting certiorari review under these circumstances would have the effect of defeating defendant's statutory right of removal to a federal court having constitutional jurisdiction of the claim.”
Establishes the court's rationale that certiorari review is appropriate to protect a party's fundamental right to federal jurisdiction
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Join FLexlaw to unlock all legal intelligenceDefendant served plaintiff with a request for admission that plaintiff was seeking damages in excess of $50,000, which was served within the time peri…
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[*465] FARMER, Judge.
In this personal injury case, defendant served plaintiff with a request for admission “that you are seeking damages exclusive of interest and costs in excess of $50,000.” This was done within the time that defendant could have removed the case to federal court because of diversity of citizenship. Plaintiff objected, and the trial court sustained the objection. By order, we granted the petition for common law certiorari, stating that an opinion would follow in due course.
First, we agree that this petition presents an exception to the usual rule that orders limiting or denying discovery are generally not reviewable by common law certiorari. See Marbin-Johnson Inc. v. Savage, 509 So. 2d 1097 (Fla.1987). In this ease, however, defendant has demonstrated both a substantial departure from the essential requirements of law and irreparable harm.
The requested admission involved defendant’s right to removal under federal law, the time for which is relatively abbreviated after notice of the claim has been given. See 28 U.S.C. §§ 1382 and 1441. We deem the right to federal jurisdiction over a claim to be among that very narrow class of matters involved in the assertion of a civil claim as to which a trial court decision may affect the “essential requirements of law.” Moreover, under federal law a party has a right to discovery for removal purposes as to the amount in controversy. See Steele v. Underwriters Adjusting Co., Inc., 649 F.Supp. 1414 (M.D.Ala.1986).
Not permitting certiorari review under these circumstances would have the effect of defeating defendant’s statutory right of removal to a federal court having constitutional jurisdiction of the claim.1
Plaintiffs only objection to the request was that it “is not a material evidentiary issue in the case.” Plainly that objection is legally insufficient, not to mention entirely unfounded. If the amount of damages is not a “material evidentiary issue” in a personal injury claim, it is hard to imagine what is.
We also note that plaintiff had not offered to submit to judgment for less than $50,000. In this regard, the present case is different than K Mart Corp. v. Fernandez, 623 So. 2d 846 (Fla. 2d DCA 1993), where that plaintiff had offered to settle for less than the federal jurisdictional threshold. We also do not consider plaintiffs argument, raised for the first time in this court, that she had hot yet learned whether she can assert damages greater than $50,000. The papers furnished us with this petition and response do show some discovery.
Moreover, the amount of damages suffered by a plaintiff in a personal injury ease are uniquely within the knowledge of the claimant. Plaintiff made no record showing in the trial court that discovery from nonparties was necessary for her to make a good faith assertion as to the amount of damages. Indeed, her complaint alleges, apparently in good faith, that her damages exceed $15,000, so she obviously has some knowledge as to the amount of the loss she claims.
We grant certiorari and quash the trial court’s order sustaining the objection to the request for admission. The objection is overruled.
GLICKSTEIN and DELL, JJ., concur. . We certify that we are in disagreement with K Mart Corp. v. Fernandez, 623 So. 2d 846 (Fla. 2d DCA 1993), to the extent that it suggests that the kind of order here categorically may not fall within our common law certiorari jurisdiction.
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GEICO Gen. Ins. Co. v. Harvey, 109 So. 3d 236 (Fla. 4th DCA 2013)…e motion to dismiss has defeated GEI-CO’s right to have the action removed to federal court. The loss of this statutory right of removal is among the narrow class of matters subject to certiorari review. See Sunrise Mills (MLP) Ltd. P’ship v. Adams, 688 So. 2d 464, 465 (Fla. 4th DCA 1997). GEICO was added as a defendant pursuant to the “[n]onjoinder of insurers” statute, which provides as follows: (1) It shall be a condition precedent to the accrual or maintenance of a cause of action against a liability in…
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Safeco Ins. Co. OF Ill. v. Earle Rader, Jr., 132 So. 3d 941 (Fla. 1st DCA 2014)…ight cause a delay in Petitioner’s ability to remove this matter to federal court, is also not appropriate for such relief. It is in this regard that this matter materially differs from the facts in Sunrise Mills (MLP) Limited Partnership v. Adams, 688 So. 2d 464 (Fla. 4th DCA 1997), upon which Safeco relies. In that case, the “defendant served plaintiff with a request for admission ‘that you are seeking damages exclusive of interest and costs in excess of $50,000.’ This was done within the time that defenda…
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Safeco Ins. Co. OF Ill. v. Beare, 152 So. 3d 614 (Fla. 4th DCA 2014)…o federal court constitutes a material irreparable injury. See Beazley Ins. Co. v. Banerjee, 123 So. 3d 1184, 1185 (Fla. 4th DCA 2013); GEICO Gen. Ins. Co. v. Harvey, 109 So. 3d 236, 238 (Fla. 4th DCA 2013); Sunrise Mills (MLP) Ltd. P’ship v. Adams, 688 So. 2d 464, 465 (Fla. 4th DCA 1997). In nearly identical circumstances to those present in this case, the First District disagreed with Harvey and held that if the trial court improperly denied a motion to dismiss a bad faith claim, it could be remedied on app…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- K Mart Corp. v. Concepcion Fernandez, 623 So. 2d 846 (Fla. 2d DCA 1993)