17 Fla. L. Weekly Supp. 1086a
Online Reference: FLWSUPP 1711USAAInsurance — Discovery — Depositions — Location for deposition of insurance adjuster is restricted to county in which adjuster lives, works, and has her record place of business
USAA CASUALTY INSURANCE CO., Petitioner, v. THE IMAGING CENTER OF PALM BEACH, Respondent. Circuit Court, 15th Judicial Circuit (Appellate-Civil) in and for Palm Beach County. Case No. 502009CA032519XXXXMB. L.T. Case No. 502008SC008940XXXXSB, Division: ‘AY’. July 28, 2010. Appeal from the County Court in and for Palm Beach County, Judge James L. Martz. Counsel: Douglas Stein, Miami, for Petitioner. Marlene S. Reiss, Miami, for Respondent.
(PER CURIAM.) PETITION GRANTED.
In its Petition for Writ of Certiorari, USAA Casualty Insurance Company sought review of the denial of its motion for protective order against a deposition of its employee that was to take place in Palm Beach County, Florida. We grant the petition.
Rule 1.410(e)(2) of the Florida Rules of Civil Procedure provides that a person may be required to attend a deposition only in the county where the person resides, is employed, transacts business in person or another convenient location fixed by an order of court. Respondent has named USAA insurance adjuster Cathy Franks as the deponent in its Notice of Taking Deposition. (Pet. App. 14.) Petitioner has stated that Ms. Franks lives and works in Hillsborough County, Florida. (Pet. 4; Pet. App. 18.) Furthermore, Petitioner has an office in Hillsborough County, and there is no evidence of offices anywhere else. See (Pet. App. 10). As such, Petitioner’s record place of business is in Hillsborough County. Also, the documents relevant to the deposition are located there. (Pet. App. 18.) Accordingly, the place of deposition is restricted to Hillsborough County.
We grant the petition, quash the order under review, and remand with directions to grant the protective order. Respondent’s request for attorney’s fees is denied. (FRENCH, FINE, JJ., concur.) (GARRISON, J., dissents.)
