BOB HILSON & COMPANY, INC., PETITIONER,
v.
DIEGO GARCIA, ET AL., RESPONDENTS
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PER CURIAM.
Petitioner-Defendant, Bob Hilson & Company, Inc., seeks certiorari review of an order that requires Respondenb-Plain-tiffs, Maria Guadalupe Calvo Castañeda, deposition be taken in Mexico. Castañeda seeks an award of consortium in her husband Diego Garcia’s personal injury action pending in the circuit court in Miami-Dade County. We grant the petition and quash the order under review.
Absent a legally sufficient showing of good cause, see Chittick v. E. Air Lines, Inc., 403 So. 2d 595, 597 (Fla. 1st DCA 1981); Ormond Beach First Nat’l Bank v. J.M. Montgomery Roofing Co., 189 So. 2d 239, 243 (Fla. 1st DCA 1966), a plaintiff ordinarily must appear for his or her depo sition in the forum selected by the plaintiff. See also Logitech Cargo, U.S.A., Corp. v. JW Perry, Inc., 817 So. 2d 1033, 1035 (Fla. 3d DCA 2002) (citing Fortune Ins. Co. v. Santelli, 621 So. 2d 546, 547 (Fla. 3d DCA 1993)) (“[A] plaintiff is generally required to be deposed in the forum where the action is pending.”). Unsworn representations of counsel are insufficient to meet the required showing of good cause. See Haverley v. Clann, 196 So. 2d 38 (Fla. 2d DCA 1967).
Petition granted; order quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Florida Highway Patrol v. Bejarano, 137 So. 3d 619 (Fla. 1st DCA 2014)…‘“[a] plaintiff is generally required to be deposed in the forum where the action is pending.’ ” Logitech, 817 So. 2d at 1035 (quoting Fortune Ins. Co. v. Santelli, 621 So. 2d 546, 547 (Fla. 3d DCA [*622] 1993)); see also Bob Hilson & Co. v. Garcia, 985 So. 2d 1176, 1176-77 (Fla. 3d DCA 2008); Chittick v. E. Air Lines, Inc., 403 So. 2d 595, 597 (Fla. 1st DCA 1981); Ormond Beach, 189 So. 2d at 243. After all, because Mr. Bejarano chose to file a lawsuit in Florida, it stands to reason that he “may reasonably be…
Authorities Cited
- Ormond Beach First Nat'l Bank v. J. M. Montgomery Roofing Co., Inc., 189 So. 2d 239 (Fla. 1st DCA 1966)
- Fortune Ins. Co. v. Santelli, 621 So. 2d 546 (Fla. 3d DCA 1993)
- State v. R.J., 817 So. 2d 1033 (Fla. 3d DCA 2002)
- Foster W. Haverley v. Clann, 196 So. 2d 38 (Fla. 2d DCA 1967)
- Chittick v. E. AIR Lines, Inc., 403 So. 2d 595 (Fla. 1st DCA 1981)