Legal Opinion
Florida Office of Insurance Regulation v. Florida Department of Financial Services
District Court of Appeal of Florida
Decided March 12, 2015No. 1D14-4417PublishedCited by 5 opinions
1Opinion of the CourtWolf, J.
The Florida Office of Insurance Regulation (OIR) files a petition for writ of certio-rari challenging a discovery order compelling the Florida Insurance Commissioner, who is the agency head of OIR,1 to appear for a deposition. OIR asserts that the trial court departed from the essential requirements of law in ordering the deposition. We agree.
Before requiring the head of a state agency to testify, a trial court must find: 1) the party seeking the testimony has exhausted all discovery tools in an attempt to obtain the information sought; and 2) the testimony sought is necessary and unavailable…
2Cases cited12 opinions
- Crown Central Petroleum Corp. v. GarciaTexas Supreme Court · 1995
- Dept. of Agriculture and Consumer Services v. Broward CountyDistrict Court of Appeal of Florida · 2002
- Halderman v. Pennhurst State School & HospitalDistrict Court, E.D. Pennsylvania · 1982
- Horne v. SCHOOL BD. OF MIAMI-DADE COUNTYDistrict Court of Appeal of Florida · 2005
- Miami-Dade County v. Dade County Police Benevolent Ass'nDistrict Court of Appeal of Florida · 2012
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3Cited by5 opinions
- Florida Department of Health v. TropiFlora, LLC, as Agent for MariJ Agricultural, Inc. and Dennis and Linda Cathcart, d/b/a TropiFlora NurseryDistrict Court of Appeal of Florida · 2019
- Miami Dade College v. Del Pino AllenDistrict Court of Appeal of Florida · 2019
- In Re: Amendment to Florida Rule of Civil Procedure 1.280Supreme Court of Florida · 2021
- In Re: Amendment to Florida Rule of Civil Procedure 1.280Supreme Court of Florida · 2021
- Suzuki Motor Corporation, a foreign corporation v. Scott WincklerDistrict Court of Appeal of Florida · 2019