18 Fla. L. Weekly Supp. 389a
Online Reference: FLWSUPP 1804STGE Insurance — Appeals — Certiorari — Discovery order — Certiorari petition challenging discovery order is dismissed for lack of jurisdiction where only claim is that deposition will result in undue burden, and there is no record evidence to support claim
USAA CASUALTY INSURANCE COMPANY, Petitioner, v. ST. GEORGE SPINAL CLINIC, P.A., Respondent. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. CACE10-2503 (14). February 17, 2011. Marc H. Gold, Judge. Counsel: Dean A. Mitchell, Ocala, for Respondent.
ORDER ON PETITIONER, USAA CASUALTYINSURANCE COMPANY’S PETITION FOR WRITOF CERTIORARI AND REPSONDENT, ST. GEORGESPINAL CLINIC, P.A.’S MOTION FORCONDITIONAL AWARD OF APPELLATEATTORNEY’S FEES
THIS CAUSE came before the Court on Petitioner, USAA Casualty Insurance Company’s Petition for Writ of Certiorari and Respondent, St. George Spinal Clinic, P.A.’s Motion for Conditional Award of Attorney’s Fees. 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. Topp Telecom, Inc. v. Atkins, 763 So.2d 1197, 1199 (Fla. 4th DCA 2000). See Topp Telecom, Inc. v. Atkins, 763 So.2d 1197, 1199 (Fla. 4th DCA 2000) [25 Fla. L. Weekly D315b]; see also Palm Baush & Lomb Inc. v. Waters. 981 So. 2d 10 (Fla. 4th DCA 2007) [32 Fla. L. Weekly D2960e]. Accordingly, it is
ORDERED AND ADJUDGED that:
(1) Petitioner, USAA Casualty Insurance Company’s Petition for Writ of Certiorari is hereby dismissed for lack of jurisdiction; and
(2) Respondent, St. George Spinal Clinic, P.A.’s Motion for Conditional Award of Appellate Fees is hereby GRANTED, conditioned upon St. George Spinal Clinic, P.A. ultimately prevailing in the matter below.
