JOSE SANTOS OLIVAS AND MARIO SACASA, PETITIONERS,
v.
REYNALDO BRAVO AND ISMA BRAVO, RESPONDENTS

Fla. 3d DCA | 2001-05-23
No. 3D01-763
Before SCHWARTZ, C.J., and JORGENSON and RAMIREZ, JJ.
795 So. 2d 103 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 6 cases
Topics
Undue Burden Relevance In Discovery Scope Of Discovery Relevance

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We quash the order under review, which improperly requires the defendants’ liability insurance carrier and their attorneys to produce information relating to a frequently employed independent medical examiner which was not only overly burdensome and irrelevant but is reflected in records which do not exist and which the company was erroneously required to create. See LeJeune v. Aikin, 624 So. 2d 788 (Fla. 3d DCA 1993). See generally Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla.1999); Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994), approved, 672 So. 2d 517 (Fla.1996). This disposition is without prejudice to the production of the carrier’s “TIN” (taxpayer identification number) and 1099 forms concerning the physician, which are all the plaintiffs are entitled to under the prevailing law.

Certiorari granted.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Morgan, Colling & Gilbert, P.A. v. James E. Pope, M.D., Heartcare Inst. of Tampa, P.A., 798 So. 2d 1 (Fla. 2d DCA 2001)
    …e that neither expert was able to provide documentary information regarding his relationship with Morgan Colling. Production of information such as the taxpayer identification number and 1099 forms, which are generally discoverable, Olivas v. Bravo, 795 So. 2d 103 (Fla. 3d DCA 2001), might have rendered the discovery request directed to the petitioner moot or inappropriate. The petition is dismissed for lack of jurisdiction. WHATLEY, A.C.J., and GREEN, J., Concur. . We note that Morgan Colling did not obje…
  • Sardinas v. Claridania Lagares, 805 So. 2d 1024 (Fla. 3d DCA 2001)
    …to strike Dr. Glatzer, the court ordered more complete answers within 10 days. When these were not forthcoming, the court struck Dr. Glatzer. It is clear that the discovery order departed from the essential requirements of law. See Olivas v. Bravo, 795 So. 2d 103, 103-104 (Fla. 3d DCA 2001) (“We quash the order under review, which improperly requires the defendants’ liability insurance carrier and their attorneys to produce information relating to a frequently employed independent medical examiner which was…
  • Allstate Ins. Co. v. Hodges, 855 So. 2d 636 (Fla. 2d DCA 2003)
    …pon may later seek reallocation of the costs incurred for the discovery as the prevailing party. Topp Telecom, 763 So. 2d at 1200 n. 5. Allstate relies upon Allstate Insurance Co. v. Pinder, 746 So. 2d 1255 (Fla. 5th DCA 1999), and Olivas v. Bravo, 795 So. 2d 103 (Fla. 3d DCA 2001), to support its position. Pinder concerns a request for production that seeks information almost identical to that requested in the interrogatories in this case. 746 So. 2d at 1255. There, the court granted the writ of certio-rari…

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