20 Fla. L. Weekly Supp. 764b
Online Reference: FLWSUPP 2008JORGInsurance — Discovery — Depositions — Protective order preventing insurer from having second chance to take deposition was not based on good cause
UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. MIGUEL A. JORGE, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 12-142 AP. L.T. Case No. 11-008819 SP 25. May 21, 2013. On Petition for Writ of Certiorari from the County Court for Miami-Dade County, Patricia Marino Pedraza, Judge. Counsel: Lara J. Edelstein, Office of General Counsel of United Automobile Insurance Company, for Petitioner. Virginia Best, Lopez & Best, for Respondent.
(Before BAGLEY, SCHLESINGER, AND CYNAMON, JJ.)
(PER CURIAM.) We grant the Petition for Certiorari. The protective order entered below preventing the taking of Miguel A. Jorge’s deposition is not based on good cause. See Beekie v. Morgan, 751 So. 2d 694 (Fla. 2000) [25 Fla. L. Weekly D324c]. Thus, the order is a departure from the essential requirements of the law causing a material injury to the Petitioner that cannot be remedied on appeal. See Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995) [20 Fla. L. Weekly S217a]; Ruiz v. Steiner, 599 So. 2d 196 (Fla. 3d DCA 1992).
Petition for Writ of Certiorari GRANTED. The protective order is QUASHED.
Respondent’s motion for appellate attorney’s fees is DENIED. See § 627.428, Fla. Stat. (2012); Grider-Garcia v. State Farm Mut. Auto, 14 So. 3d 1120 (Fla. 5th DCA 2009) [34 Fla. L. Weekly D1185a] (stating that if the insured does not succeed in his or her application for certiorari, the court is not authorized to grant fees).
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