Legal Opinion

Giron v. Americas Marine Management Services, Inc.

District Court of Appeal of Florida

Decided May 18, 2011No. 3D11-557Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

In this action for, inter alia, maintenance and cure, certiorari is granted and the order below, which authorized a medical examination of the plaintiff seaman outside the scope of the discovery rules, is quashed. See Bloom v. Weeks Marine, Inc., 227 F.Supp.2d 1273 (M.D.Fla.2002); see also Royal Caribbean Cruises, Ltd. v. Cox, 974 So.2d 462 (Fla. 3d DCA 2008); Vega v. CSCS Int’l, N.V., 795 So.2d 164 (Fla. 3d DCA 2001). While the defendant shipowner is free to proceed under Rule 1.360, Florida Rules of Civil Procedure, it is confined to that relief.

The other point raised…

2Cases cited3 opinions

  1. Vega v. CSCS INTERNATIONAL, NVDistrict Court of Appeal of Florida · 2001
  2. Royal Caribbean Cruises, Ltd. v. CoxDistrict Court of Appeal of Florida · 2008
  3. Bloom v. Weeks Marine, Inc.District Court, M.D. Florida · 2002

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