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GEICO INDEMNITY COMPANY, Petitioner, vs. PHOENIX EMERGENCY SERVICES OF INVERNESS a/a/o JOSEPH TRAESTER, Respondent.

23 Fla. L. Weekly Supp. 913cOnline Reference: FLWSUPP 2308TRAEInsurance — Discovery — Adjuster notes — Limited record provided does not demonstrate that order requiring production of adjuster notes departed from essential requirements of law or will lead to irreparable harm

GEICO INDEMNITY COMPANY, Petitioner, vs. PHOENIX EMERGENCY SERVICES OF INVERNESS a/a/o JOSEPH TRAESTER, Respondent. Circuit Court, 18th Judicial Circuit (Appellate) in and for Seminole County. Case No. 13-19-AP. L.C. Case No. 2012-SC-2015. July 27, 2015. Counsel: David B. Alexander, Bradford Cederberg, Orlando, for Plaintiff. Amy L. Blake, for Defendant.

[County court order published at 23 Fla. L. Weekly Supp. 982a.]

ORDER DENYING WRIT OF CERTIORARI

(RUDISILL, Judge.) Petitioner, GEICO Indemnity Company, seeks review of the trial court’s Order Granting Plaintiff’s Motion for Production of Defendant’s Adjuster Notes Created Prior to Anticipation of Litigation, entered on April 18, 2013.

The scope of review for a petition for writ of certiorari “is limited to a determination of whether procedural due process has been accorded, whether the essential requirements of law have been observed, and whether the decision is supported by substantial competent evidence.” Campbell v. Vetter, 392 So. 2d 6, 7-8 (Fla. 4th DCA 1980), review denied, 399 So. 2d 1140 (Fla. 1981). Based on the limited record provided on appeal, this Court cannot find that the trial court’s order departed from the essential requirements of law or will lead to irreparable harm.

It is therefore

ORDERED and ADJUDGED that:

1. The Writ of Certiorari is DENIED.

2. Respondent’s, Phoenix Emergency Services of Inverness, Motion for Appellate Fees is GRANTED, and the matter is remanded to the trial court for a determination as to the amount of the award.

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