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In GEICO Indemnity Company v. Chmielewski, 41 Fla. L. Weekly D84b (Fla. 2d DCA Jan. 6, 2016), GEICO Indemnity Company, a non-party to the underlying automobile negligence action, sought certiorari review of the trial court's order compelling production of its claim file. The respondent, Mark Chmielewski, conceded that the trial court's order departed from the essential requirements of law as GEICO Indemnity Company had not been properly served with a lawful subpoena in the manner prescribed by Fla. R. Civ. Pro. 1.351.

Due to Mr. Chmielewski's failure to serve the subpoena in the manner prescribed by Fla. R. Civ. Pro. 1.351, the trial court's order compelling production of GEICO Indemnity Company's claim file was quashed and remanded for further proceedings.



 

This summary was prepared by Ellen Ryan of our firm.


Ellen Ryan

 

 

41 Fla. L. Weekly D84b

 

Civil procedure -- Torts -- Automobile accident -- Discovery -- Non-parties -- Order compelling production of non-party insurer's claim file departed from essential requirements of law where insurer was not properly served with lawful subpoena in manner prescribed by rule 1.351

GEICO INDEMNITY COMPANY, Petitioner, v. MARK CHMIELEWSKI, as court-appointed guardian of Matthew Martin, and RAYMOND CONSUL, Respondents. 2nd District. Case No. 2D15-3034. Opinion filed January 6, 2016. Petition for Writ of Certiorari to the Circuit Court for Sarasota County; Rochelle T. Curley, Judge. Counsel: B. Richard Young, Megan M. Hall, and Courtney F. Smith of Young, Bill, Roumbos & Boles, P.A., Pensacola, for Petitioner. Steven T. Wittmer of Wittmer/Linehan, PLLC, Sarasota, for Respondent Mark Chmielewski. T.R. Unice, Jr., Jeffrey D. Jensen, and Ashley D. Jordan of Unice Salzman Jensen, P.A., Trinity, for Respondent Raymond Consul.

(KELLY, Judge.) GEICO Indemnity Company, a nonparty to an automobile negligence action, seeks certiorari review of an order1 compelling production of its claim file. Mark Chmielewski, as court-appointed guardian for Matthew Martin, correctly concedes that the order departs from the essential requirements of law because GEICO was not properly served with a lawful subpoena in the manner prescribed by Florida Rule of Civil Procedure 1.351 (production of documents without deposition from a nonparty). Accordingly, we quash the order compelling production of the documents and remand for further proceedings.

Petition granted; order quashed; remanded. (NORTHCUTT and CRENSHAW, JJ., Concur.)
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1. Order on Exceptions to Recommended Order of General Magistrate rendered on June 11, 2015.

 



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