ARMANDO CHAVARRIA, PETITIONER,
v.
ROBERTO BAUTISTA, RESPONDENT
Explore caselaw by topic → Browse Certiorari Review Of Non-Final Orders cases and more on FLexlaw
RAMIREZ, J.
Armando Chavarria seeks certiorari review of a non-final order denying him discovery concerning the financial relationship between Roberto Bautista’s insurer and its medical expert, as allowed in Springer v. West, 769 So. 2d 1068 (Fla. 5th DCA 2000), which was adopted by Southern Diagnostic Associates v. Bencosme, 833 So. 2d 801, 802 (Fla. 3d DCA 2002). We deny relief.
The underlying action arises out of an automobile accident which occurred on or about August 21, 2001. The petition takes issue with an Order dated August 4, 2005, denying Plaintiffs Fourth motion to compel better answers to Plaintiffs expert interrogatories. We stated in Duran v. MFM Group, Inc., 841 So. 2d 500, 501 (Fla. 3d DCA 2003) that “[a]s a general rule, certiorari will not be granted to review an order denying discovery since any error in denying the requested discovery can be remedied on plenary appeal.” Although there are exceptions to that rule, none are applicable here. Furthermore, Chavarria has not demonstrated that the denial of his motion constituted “a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. State, 436 So. 2d 93, 96 (Fla.1983).
Certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State Farm Mut. Auto. Ins. Co. v. German, 12 So. 3d 1286 (Fla. 5th DCA 2009)…discovery of this type was not permitted. Without reaching the merits, we conclude that we do not have jurisdiction to consider the writ because Petitioner has an adequate remedy on appeal from the adverse discovery ruling. Chavarria v. Bau-tista, 922 So. 2d 245, 246 (Fla. Sd DCA 2006). PETITION DISMISSED. GRIFFIN and COHEN, JJ., concur. TORPY, J., concurs and concurs specially with opinion. . Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999).…
-
Bill Kasper Constr. Co., Inc. v. Morrison, 93 So. 3d 1061 (Fla. 5th DCA 2012)…o adequate remedy on plenary appeal); Neeley v. CW Roberts Contracting, Inc., 948 So. 2d 844 (Fla. 1st DCA 2007) (orders denying discovery almost invariably not reviewable by certiorari because of absence of irreparable harm); Chavarria v. Bautista, 922 So. 2d 245 (Fla. 3d DCA 2006) (denial of discovery not reviewable by certiorari). Assuming for the sake of argument that the dissent’s handful of cited cases are correct, the dissent fails to acknowledge the distinction that the majority identifies. Where alr…
Authorities Cited
- Combs v. State, 436 So. 2d 93 (Fla. 1983)
- Springer v. West, 769 So. 2d 1068 (Fla. 5th DCA 2000)
- Duran v. MFM Grp., Inc., 841 So. 2d 500 (Fla. 3d DCA 2003)
- S. Diagnostic Assocs. v. Bencosme, 833 So. 2d 801 (Fla. 3d DCA 2002)