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In United Automobile Insurance Company v. Davis, 40 Fla. L. Weekly D147b (Fla. 3d DCA Jan. 7 2015), the 3d DCA granted defendant's petition for writ of certiorari and quashed the trial court's order overruling defendant's objections to plaintiffs' second request for production regarding financial information.

The 3d DCA affirmed its prior decision in Royal Caribbean Cruises, Ltd. v. Doe, 44 So. 3d 230, 234 (Fla. 3d DCA 2010) and held that financial information is not discoverable until the trial court determines whether a properly stated claim for punitive damages has been pled. In this case, the 3d DCA noted that no claim for punitive damages had been filed and that defendant's financial information was not relevant to any disputed issues raised by any other claim in the complaint. Accordingly, the 3d DCA held the financial information was not discoverable at that time.


 

This summary was prepared by Michael Woodard of our firm.


Michael Woodard

 

 


40 Fla. L. Weekly D147b

 

Civil procedure -- Discovery -- Financial information -- Plaintiffs are not entitled to discovery of financial information until trial court determines whether they have properly stated a claim for punitive damages

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. DARWIN ANTHONY DAVIS AND ALICIA DAVIS, Respondent. 3rd District. Case No. 3D14-2703. L.T. Case No. 13-5046. Opinion filed January 7, 2015. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Jerald Bagley, Judge. Counsel: Cole, Scott, & Kissane and Thomas E. Scott and Scott A. Cole and Daniel M. Schwarz, for petitioner. Ver Ploeg & Lumpkin and Stephen A. Marino, Jr. and Rochelle N. Wimbush, for respondent.

(Before SUAREZ, SALTER, and SCALES, JJ.)

(PER CURIAM.) United Automobile Insurance Company petitions for a Writ of Certiorari to quash the Circuit Court's October 31, 2014, Order on Defendant's Objections to Plaintiff's Second Request for Production. We grant the Petition.

As indicated in Royal Caribbean Cruises, Ltd. v. Doe, 44 So. 3d 230, 234 (Fla. 3d DCA 2010), Respondents are not entitled to financial information until the trial court determines whether they have properly stated a claim for punitive damages. No such determination has been made in this case. Indeed, no claim for punitive damages has even been filed. In addition, Petitioner's financial information is not relevant to any disputed issues raised by any other claim made by Respondents in their Complaint and is therefore not discoverable at this time.

Petition granted.

 



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