18 Fla. L. Weekly Supp. 162b
Online Reference: FLWSUPP 1802HERN Insurance — Discovery — Interrogatories directed to nonparty — Error to compel nonparty expert witness to answer interrogatories
UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. READING TECH, INC., a/a/o Mauro Hernandez, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 09-293 AP. L.C. Case No. 08-32360 SP 23 04. November 16, 2010. A Petition for Writ of Certiorari from a decision rendered by the County Court for Miami-Dade County, Eric Hendon, Judge. Counsel: Lara J. Edelstein, United Automobile Insurance Company, for Petitioner. Rina Kaplan, Kaplan Law Group, P.A., for Respondent.
(Before LOPEZ, RODRIGUEZ, and FERNANDEZ, JJ.)
(PER CURIAM.) This is a petition for a writ of certiorari by United Automobile Insurance Company (hereinafter referred to as “United Auto”) to quash an order in favor of Reading Tech, Incorporated (hereinafter referred to as “Reading Tech”) compelling United Auto’s expert witnesses to answer interrogatories.
The standard of review for a writ of certiorari is whether the lower tribunal departed from the essential requirements of the law. Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000) [25 Fla. L. Weekly S1103a]; Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla. 1995) [20 Fla. L. Weekly S318a]; Combs v. State, 436 So. 2d 93 (Fla. 1983).
Non-parties are not subject to interrogatories under Florida Rule of Civil Procedure 1.340. Parker v. James, 997 So. 2d 1225 (Fla. 2d DCA 2008) [34 Fla. L. Weekly D32c]. Trial Courts do not have the authority to compel answers to interrogatories directed to a non-party. Broward County v. Kerr, 454 So. 2d 1068, 1069 (Fla. 4th DCA 1984). Therefore, the lower tribunal departed from the essential requirements of the law by ordering non-party expert witnesses to answer interrogatories. The Order granting Plaintiff’s Motion to Enforce Answers to Expert Interrogatories by Doctor Goldberg and Doctor Witherall is hereby quashed. Reading Tech’s motion for attorneys’ fees is denied.
PETITION GRANTED.
