18 Fla. L. Weekly Supp. 378a
Online Reference: FLWSUPP 1804COHE Insurance — Discovery — Appeals — Certiorari challenge to discovery order is dismissed where insurer suggests only that discovery will result in undue burden, and there is no evidence to support objector’s claim of unwarranted discovery
USAA CASUALTY INSURANCE COMPANY, Petitioner, v. COHEN CHIROPRACTIC GROUP, P.A., a/a/o Emy Fahie, Respondent. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE09-58638 (11). February 3, 2011. Honorable Louis H. Schiff, Judge. Counsel: Douglas Stein, Miami, for Petitioner. Dean Mitchell, Ocala, for Respondent.ORDER ON PETITION FORWRIT OF CERTIORARI
(BOWMAN, Judge.) THIS CAUSE came before the Court on Petitioner, USAA Casualty Insurance Company’s Petition for Writ of Certiorari. Having reviewed the court file and applicable law, and being otherwise advised in the premises, the Court finds that this Court is without jurisdiction to determine the USAA’s Petition for Writ of Certiorari where USAA’s only suggestion is that the requested deposition discovery will result in an undue burden and there is no evidence in the record to support the objectors’ claim of unwarranted discovery. See Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197, 1199 (Fla. 4th DCA 2000) [25 Fla. L. Weekly D315b]; see also Palm Bausch & Lomb Inc. v. Waters, 981 So. 2d 10 (Fla. 4th DCA 2007) [32 Fla. L. Weekly D2960e]. Accordingly, it is
ORDERED AND ADJUDGED that Petitioner, USAA Casualty Insurance Company’s Petition for Writ of Certiorari is hereby dismissed for lack of jurisdiction.
