UNITED HEALTHCARE SERVICES, INC., ETC., ET AL.,
v.
BENJAMIN COUSINS M.D., P.A.
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A trial court's discovery order requiring production of documents does not constitute a departure from the essential requirements of law warranting certiorari relief when the court had a sufficient record showing the documents were relied upon by the moving party and that party successfully compelled similar production from the opposing party.
[1] A trial court's broad discretion in managing discovery extends to ordering production of voluminous documents, and such orders will not be overturned on certiorari absent…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Trial courts are accorded broad discretion in the treatment of discovery problems, and such orders reviewed pursuant to a petition for writ of certiorari will not be overturned absent departure from the essential requirements of law.”
Court citing Racetrac Petroleum, Inc. v. Sewell, 150 So. 3d 1247, 1251 (Fla. 3d DCA 2014) to establish the standard for reviewing discovery orders on certiorari.
United Healthcare sought a writ of certiorari to quash a trial court order requiring production of voluminous documents. The record showed United Heal…
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Third District Court of Appeal State of Florida
Opinion filed August 5, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0371 Lower Tribunal No. 24-12115-CA-01
United Healthcare Services, Inc., etc., et al., Petitioners,
vs.
Benjamin Cousins, M.D., P.A., Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge.
Kristen M. Fiore, BCS (Tallahassee); Akerman LLP, and Irene Bassel Frick (Tampa), for petitioners.
Lauren Luck, P.A., and Lauren J. Luck, for respondent.
Before FERNANDEZ, LOGUE, and GORDO, JJ.
PER CURIAM.
Petitioners seek a writ of certiorari quashing an order requiring them to produce a voluminous number of certain documents. The record before us was sufficient for the trial court to conclude that (1) Petitioners relied upon the data from the documents at issue in their own market data spreadsheet and expert analysis; and (2) Petitioners successfully moved the trial court to compel Respondent to produce the same category of documents in his possession. Finally, most of the affidavits and arguments concerning the burden of producing the documents relied upon by Petitioners were not filed in the trial court until after the hearing on this issue and entry of the order at issue and were only filed as part of a motion to reconsider.
Given the trial court's broad discretion to manage discovery and the high standard for certiorari, we do not see a departure from the essential requirements of law in these circumstances that would warrant issuance of the writ. Racetrac Petroleum, Inc. v. Sewell, 150 So. 3d 1247, 1251 (Fla. 3d DCA 2014) (“Trial courts are accorded broad discretion in the treatment of discovery problems, and such orders reviewed pursuant to a petition for writ of certiorari will not be overturned absent departure from the essential requirements of law.").
Petition denied.