12 Fla. L. Weekly Supp. 200b

Insurance — Discovery — Deposition fees — Denial — Appeals — Certiorari is denied where there is adequate and complete remedy from order denying expert fee available at conclusion of trial court proceeding

HARTLEY CHIROPRACTIC CENTER, on behalf of Beverly Elzic, Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pinellas County. Case No. 03-1111CI-88B. UCN522003CA001111XXCICI. August 23, 2004. David A. Demers, Judge. Counsel: Mark T. Tischhauser, Tampa. Robert H. Oxendine, Tampa.

ORDER DISMISSING PETITION FOR WRIT OF CERTIORARI

THIS CAUSE came before the Court on the Petition for Writ of Certiorari, filed by the Petitioner, Hartley Chiropractic Center, on behalf of Beverly Elzic (Hartley), seeking review of the Second Order Denying Expert Fee, entered January 8, 2003, and the Response, filed by the Respondent, State Farm Mutual Automobile Insurance Company (State Farm). Upon consideration of the same and being otherwise fully advised, the Court finds that common law certiorari review was improvidently granted and that the Court presently lacks jurisdiction to review the merits of this appeal. See Muben-Lamar, L.P. v. Fla. Dept. of Revenue, 789 So.2d 337 (Fla. 2001) (finding that jurisdiction was improvidently granted and dismissing appeal for lack of jurisdiction); Dept. of Revenue v. Hylton, 720 So.2d 1115 (Fla. 1st DCA 1998) (same).

In a similar case, Leverone v. Liberty Mutual Ins. Co., Appeal No. 01-7096CI-88A (Fla. 6th Ct. App. Ct. Oct. 11, 2001) [9 Fla. L. Weekly Supp. 5a], this Court, sitting in its appellate capacity, denied certiorari review of an order denying a reasonable expert fee finding that the Petitioner was unable “to show that there has been a violation of a clearly established principle of law resulting in the miscarriage of justice or that the lower court’s order would cause a material injury which could not be remedied on appeal.” Citing Doe v. Archdiocese of the Catholic Church of Miami, 721 So.2d 428 (Fla. 3d DCA 1998); Whiteside v. Johnson, 351 So.2d 759 (Fla. 2d DCA 1977). Likewise, there is an adequate and complete remedy available to Hartley at the conclusion of the trial court proceedings below.

Therefore, it is,

ORDERED AND ADJUDGED that the Petition is dismissed.

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