21 Fla. L. Weekly Supp. 992a
Online Reference: FLWSUPP 2110OLIVInsurance — Discovery — Depositions — Error to prohibit insurer from deposing medical provider regarding reasonableness of charges
UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. CORAL GABLES CHIROPRACTIC, PLLC, a/a/o Ricardo Olivera, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 13-297 AP. May 20, 2014. On Petition for Writ of Certiorari from the County Court for Miami-Dade County, Florida, Judge Gloria Gonzalez-Meyer. Counsel: Lara J. Edelstein, for Petitioner. George A. David, for Respondent.
Cert. Dismissed 41 Fla. L. Weekly D687 (Coral Gables Chiropractic PLLC v. United Automobile Insurance Co., 3D14-2307, 3-16-2016.)
(Before GENDEN, FIRTEL, and FREEMAN, JJ.)
(PER CURIAM.) Petitioner, United Automobile Insurance Company, filed a petition for writ of certiorari seeking review of the trial court’s order denying its motion to compel and prohibiting the Petitioner from deposing the Respondent, Coral Gables Chiropractic, PLLC. We grant the petition because the trial court failed to allow discovery as to the reasonableness of the fees charged by the Respondent for services rendered to the insured, Ricardo Olivera. As to the necessity and relatedness of said charges, we find that Petitioner has waived these arguments. We further find that the statement made by the lower court that “discovery as to anything else other than your affirmative defense is not permitted under the law” is incorrect. See Smith v. Bloom, 506 So. 2d 1173 (Fla. 4th DCA 1987 (“The rule is any information sought which is either relevant to the subject matter of the litigation or ‘appears reasonably calculated to lead to the discovery of admissible evidence,’ if not privileged, is subject to discovery.”) (Citing Fla.R.Civ.P. 1.280(b)(1).)
Petition for Writ of Certiorari is GRANTED, and the matter is REMANDED with instructions to allow discovery as to the reasonableness of the charges.
Respondent’s motion for attorney’s fees is DENIED.
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