Summary
In Olivas, the court did not disclose the exact nature of the discovery sought, but concluded that the request "improperly requires the defendants' liability insurance carrier and their attorneys to produce information... which was not only overly burdensome and irrelevant but is reflected in records which do not exist and which the company was erroneously required to create."
Summary of this case from Allstate Ins. Co. v. HodgesOpinion
No. 3D01-763.
Opinion filed May 23, 2001.
A Writ of Certiorari to the Circuit Court for Dade County, Steven D. Levine, Judge. Lower Tribunal No. 98-15563.
Certiorari Granted.
Richard A. Sherman and Rosemary Wilder (Fort Lauderdale); Yamel Haber Siesel and Timothy W. Harrington, for petitioners.
Andrew B. Sapiro; Angel L. Gimenez, for respondents.
Before Schwartz, C.J., and Jorgenson and Ramirez, JJ.
We quash the order under review, which improperly requires the defendants' liability insurance carrier and their attorneys to produce information relating to a frequently employed independent medical examiner which was not only overly burdensome and irrelevant but is reflected in records which do not exist and which the company was erroneously required to create. See LeJeune v. Aikin, 624 So.2d 788 (Fla. 3d DCA 1993). See generally Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999); Syken v. Elkins, 644 So.2d 539 (Fla. 3d DCA 1994), approved, 672 So.2d 517 (Fla. 1996). This disposition is without prejudice to the production of the carrier's "TIN" (taxpayer identification number) and 1099 forms concerning the physician, which are all the plaintiffs are entitled to under the prevailing law.
Certiorari granted.