TERRANCE J. ZICH
v.
MARIO BAUTISTA - DIAZ, ET AL

Fla. 2d DCA | 2019-03-13
No. 17-5076
Huey, J., Kelly, J., Khouzam, J., Sleet, J.
267 So. 3d 472 Florida District Court of Appeal, Second District (2019)

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Holding

An order compelling production of documents by a nonparty is reviewable by certiorari rather than appeal because the nonparty has no adequate remedy by appeal.


Headnotes

[1] An order compelling production of documents by a nonparty is reviewable by petition for writ of certiorari rather than by appeal, because the nonparty has no adequate rem…

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Key Quotes

“An order compelling the production of documents by a nonparty is reviewable by certiorari because he or she has no adequate remedy by appeal.”

Court's explanation for converting the appeal to a certiorari petition, citing Winderting Invs., LLC v. Furnell, 144 So. 3d 598, 602 (Fla. 2d DCA 2014)

Facts & Procedural History

Terrance J. Zich appealed from a circuit court order in Hillsborough County. The appeal involved a dispute regarding production of documents by nonpar…

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Opinion of the Court
Determined In The District Court Of Appeal Of Florida Second District Terrance

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

TERRANCE J. ZICH, ) ) Appellant, ) ) v. ) Case No. 2D17-5076 ) MARIO BAUTISTA-DIAZ and ANIBEXY ) MIRANDA; and CITIZENS PROPERTY ) INSURANCE CORPORATION, ) ) Appellees. ) ) Opinion filed March 13, 2019. Appeal from the Circuit Court for Hillsborough County; Paul L. Huey, Judge. David L. Ross of the Law Offices of David

L. Ross, P.A., Miami, for Appellant.

Jonathan D. Franklin of Franklin Legal Group, P.A., Miami, for Appellee Citizens Property Insurance Corporation. No appearance for Appellees Mario Bautista-Diaz and Anibexy Miranda.

PER CURIAM.

This proceeding is converted to a petition for writ of certiorari. See Winderting Invs., LLC v. Furnell, 144 So. 3d 598, 602 (Fla. 2d DCA 2014) ("An order

compelling the production of documents by a nonparty is reviewable by certiorari because he or she has no adequate remedy by appeal."). Denied. KELLY, KHOUZAM, and SLEET, JJ., Concur.


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