22 Fla. L. Weekly Supp. 515c
Online Reference: FLWSUPP 2205BURGInsurance — Discovery — Documents — Settlement documents necessary to determine if final judgment in settled case constitutes res judicata in present case — Fact that settlement documents are public records or could be obtained from other party to agreement does not relieve insurer from producing documents in its possession, custody, or control
HOLLYWOOD DIAGNOSTICS CENTER a/a/o ELMA J. BURGESS, Petitioner, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Respondent. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 12-389 AP. L.T. Case No. 10-3883 SP 25. November 21, 2014. An appeal from the County Court in and for Miami-Dade County, Judge Don S. Cohn. Counsel: George A. David, Coral Gables, for Petitioner. Michael J. Neimand, United Automobile Insurance Company, Miami, for Respondent.
(Before ARECES, MUIR, and BAGLEY, JJ.)
(PER CURIAM.) Petitioner Hollywood Diagnostics Ctr., a/a/o Elma Burgess (“HDC”) petitions this Court to quash the county court’s October 5, 2012 order denying HDC’s motion to compel Respondent United Automobile Insurance Company (“United”) to provide better answers to its supplemental request for production.
We find that the trial court’s denial of HDC’s Motion to Compel Better Answers was a departure from the essential requirements of the law where the court ruled that documents evincing a settlement were not producible on the grounds that the agreement was public record or could be obtained from the other party to the agreement. Even if the settlement documents were public record, this would not relieve United from producing them if they were within its possession, custody or control1. Towers v. City of Longwood, 960 So.2d 845, 849 (Fla. 5th DCA 2007) [32 Fla. L. Weekly D1658c].
Unless the settlement documents are produced, there is no way to properly assess and determine, in the trial court or on appeal, whether the Final Judgment in the case for which the settlement documents are being requested constitutes res judicata in the instant case. The court’s ruling results in a material injury throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Accordingly, the Petition is hereby granted and the trial court is directed to permit the production of the requested documents.
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1Counsel for HDC represented at the hearing that a review of the court file (the “public record”) did not reflect the settlement.
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