9 Fla. L. Weekly Supp. 5a
Insurance — Discovery — Deposition fees — Petitioner failed to show that order denying request to set a reasonable fee for expert deposition violated clearly established principle of law resulting in miscarriage of justice or that order would cause material injury that could not be remedied on appeal from final judgment — Certiorari denied
RICHARD LEVERONE, D.C. DACBR, P.A., On behalf of George Kirby, Petitioner, vs. LIBERTY MUTUAL INSURANCE COMPANY, Respondent. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pinellas County. Case No. 01-7096-CI-88A. October 11, 2001. Nancy Moate Ley, Judge. Counsel: Paul Puzzanghera, St. Petersburg. Robert P. Kelly, Hyde, Gomer & Derrick, Tampa.
ORDER DENYING PETITION FOR WRIT OF CERTIORARI
THIS CAUSE came before the Court on the Petition for Writ of Certiorari, filed by the Petitioner, Richard Leverone, D.C. DACBR, P.A., on behalf of George Kirby. The Petitioner seeks the issuance of a writ of common law certiorari to quash the lower court’s order which denied the Petitioner’s request to set a reasonable fee for the expert deposition of Dr. Richard Leverone. Upon review of the Petition and being otherwise fully advised in the premises, the Court finds that the Petition must be denied. The Petitioner has failed to show that there has been a violation of a clearly established principle of law resulting in the miscarriage of justice or that the lower court’s order would cause a material injury that could not be remedied on appeal from a final judgment. See Doe vs. Archdiocese of the Catholic Church of Miami, 721 So.2d 428, 429 (Fla. 3d DCA 1998) (citations omitted); see also Whiteside vs. Johnson, 351 So.2d 759, 760 (Fla. 2d DCA 1977) (stating that certiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve petitioners from expense and inconvenience of trial) (citations omitted).
Therefore, it is
ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is denied without prejudice.
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