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661 So. 2d 1295

Espana v. Redneris

District Court of Appeal of Florida

Decided November 1, 1995

District Court of Appeal of Florida · decided 1995-11-01

Cited by 2 later decisions — most recently March 2013

2 state decisions

Relies on Godshall v. Hessen · Godshall v. Hessen · Patterson v. Venne

Good law ✅— No negative treatment on recordhow we know

Decided 1995-11-01

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PER CURIAM.

¶1We grant the petition for writ of certiorari and quash the order of the trial court requiring the petitioner in a personal injury action to appear in Dade County for deposition or have his pleadings struck. The defendant is a resident of Guatemala and did not plead for affirmative relief in the proceedings below. There is no evidence in the record that he is evading discovery. The general rule is that a defendant not requesting affirmative relief is not required to travel to the forum of the action for a discovery deposition absent extraordinary circumstances. See, e.g., Patterson v. Venne, 594 So.2d 331 (Fla. 3d DCA 1992); Godshall v. Hessen, 227 So.2d 506 (Fla. 3d DCA 1969), cert, denied, 237 So.2d 530 (Fla.1970). This case does not present extraordinary circumstances to deviate from the general rule.

¶2The order requiring petitioner to appear for a discovery deposition in Dade County is quashed.

WARNER, POLEN and KLEIN, JJ., concur.
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