BARRY K. WATERS, M.D., P.A., PETITIONER,
v.
AMERICAN GENERAL CORPORATION, DONNA BUSBY AND WILLIAM BUSBY, SPEED AND TRUCK WORLD, INC., PENN FLORIDA CAPITAL CORP., PINKERTON'S INC. D/B/A PINKERTON SECURITY AND INVESTIGATION SERVICES AND NAVARRO GROUP, LTD., INC., RESPONDENTS

Fla. 4th DCA | 2000-11-15
No. 4D00-2880
DELL, FARMER and SHAHOOD, JJ„ concur.
770 So. 2d 1275 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for writ of certiorari and quash the trial court’s July 19, 2000 ex parte order granting respondent American General Corporation’s motion to compel petitioner to produce certain medical records pursuant to a subpoena duces tecum. Petitioner did not attend the hearing on the motion because, he claims, he did not receive notice of the hearing. Respondents did not provide any evidence to refute petitioner’s claim.

Although Local Rule 10 of the 17th Judicial Circuit allows for ex parte orders compelling discovery, such order may be entered only when the motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension of time. Where those conditions are not met, Florida Rules of Civil Procedure 1.380(a) and 1.090(d) apply, requiring that the motion not be heard without proper notice. See American Cas. Ins. Co. v. Bly Elec. Const. Serv., Inc., 562 So. 2d 825 (Fla. 4th DCA 990). In the present case, we find that respondents failed to show that there was a complete failure to respond or object to the subpoena duces tecum. We therefore remand for further proceedings consistent with this opinion.

DELL, FARMER and SHAHOOD, JJ„ concur.


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  • Noveshen v. LAW Offs. OF Barry Franklin & Assocs., 93 So. 3d 1201 (Fla. 4th DCA 2012)
    …complete failure to respond or object to discovery. The ex parte order is quashed, as the petitioner had filed objections and a motion for protective order prior to the motion to compel being filed. As we held in Waters v. American General Corp., 770 So. 2d 1275 (Fla. 4th DCA 2000), the local rule can apply only where the conditions in the order are met, namely the failure to respond at all to discovery requests. That condition was not met in this case. The rules of civil procedure apply and require proper…

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