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795 So. 2d 103

Docket No. 3D01-763.

Olivas v. Bravo

Jose Santos OLIVAS and Mario Sacasa, Petitioners, v. Reynaldo BRAVO and Isma Bravo, Respondents.

District Court of Appeal of Florida · decided 2001-05-23

Cited by 3 later decisions — most recently August 2003

3 state decisions

Key passage — most relied on by later courts

“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.”

quoted by 2 later decisions, including Sardinas v. Lagares, 855 So. 2d 636 - Allstate Ins. Co. v. Hodges

Relies on 733 So. 2d 993 - Allstate Ins. Co. v. Boecher · 672 So. 2d 517 - Elkins v. Syken · 644 So. 2d 539 - Syken v. Elkins

Good law ✅— No negative treatment on recordhow we know

Decided 2001-05-23

View the full empirical analysis of this case →

¶1Richard A. Sherman and Rosemary Wilder (Fort Lauderdale); Yamel Haber Siesel and Timothy W. Harrington, Miami, for petitioners.

¶2Andrew B. Sapiro; Angel L. Gimenez, Miami, for respondents.

¶3Before SCHWARTZ, C.J., and JORGENSON and RAMIREZ, JJ.

¶4SCHWARTZ, Chief Judge.

¶5We 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 *104 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.

¶6Certiorari granted.

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