Bodzin v. Leviter

We grant the petition for certiorari. The trial court departed from the essential requirements of law in requiring the nonresident defendant, who has not sought affirmative relief in the Florida courts, to appear for an independent medical examination in Florida. See Youngblood v. Michaud, 593 So.2d 568 (Fla. 4th DCA 1992) (independent medical examination of defendant should occur only in county of defendant’s residence).

Respondent’s reliance on McKenney v. Airport Rent-A-Car, Inc., 686 So.2d 771 (Fla. 4th DCA 1997), is misplaced. There, the trial court required a plaintiff to appear for an…