PREVOST CAR, INC., ETC., PETITIONER,
v.
VEHICLES-R-US, INC., ETC., RESPONDENT
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THOMPSON, Judge.
Prevost Car, Inc., a Canadian corporation and a defendant in a civil action filed in Orange County, seeks certiorari review of a discovery order compelling its corporate representative to appear in Orlando for deposition. We grant the petition.
Absent extraordinary circumstances, an out-of-state defendant who has not sought affirmative relief should not be required to travel to Florida in order to be deposed. See Kaufman v. Kaufman, 63 So. 2d 196, 200 (Fla.1952); see also Brown v. Brown, 500 So. 2d 655, 656 (Fla. 1st DCA 1986); Besco Equip. Co. v. Golden Loaf Bakery, 458 So. 2d 330 (Fla. 5th DCA 1984). Prevost has not sought affirmative relief, and respondent, Vehicles-R-Us, Inc., has not demonstrated extraordinary circumstances. We, therefore, quash the discovery order under review.
PETITION GRANTED; ORDER QUASHED.
PETERSON, C.J. and GOSHORN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kaufman v. Kaufman, 63 So. 2d 196 (Fla. 1950)
- Besco Equip. Co., Inc. v. Golden Loaf Bakery, Inc., 458 So. 2d 330 (Fla. 5th DCA 1984)
- Brown v. Mirth K. Brown, 500 So. 2d 655 (Fla. 1st DCA 1986)