Legal Opinion

Dan Euser Waterarchitecture, Inc. v. City of Miami Beach

District Court of Appeal of Florida

Decided May 1, 2013No. 3D13-180PublishedCited by 1 opinion

1Opinion of the CourtLagoa, J.

Dan Euser Waterarchitecture, Inc. (“DEW”) petitions for certiorari review of a non-final order entered by the trial court, which denied its motion for protective order. The trial court ruled that DEWs corporate representative must appear for deposition in Miami-Dade County instead of at the location of DEW’s headquarters in Ontario, Canada. We grant the petition and quash the order.

“A defendant ... will not be required to travel a great distance and incur substantial expenses to be deposed by the plaintiff, unless the defendant is seeking affirmative relief. Thus, under Florida law a…

2Cases cited2 opinions

  1. Fortune Ins. Co. v. SantelliDistrict Court of Appeal of Florida · 1993
  2. Teledyne Industries, Inc. v. Mustang Ranch Aircraft, Inc.District Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Polselli v. Wicker, Smith, O'Hara, McCoy & Ford, P.A.District Court of Appeal of Florida · 2014

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