Legal Opinion

Prevost Car, Inc. v. Vehicles-R-Us, Inc.

District Court of Appeal of Florida

Decided August 4, 1995No. 95-1282Published

1Opinion of the Court

THOMPSON, Judge.

Prevost Car, Inc., a Canadian corporation and a defendant in a civil action filed in Orange County, seeks certiorari review of a discovery order compelling its corporate representative to appear in Orlando for deposition. We grant the petition.

Absent extraordinary circumstances, an out-of-state defendant who has not sought affirmative relief should not be required to travel to Florida in order to be deposed. See Kaufman v. Kaufman, 63 So.2d 196, 200 (Fla.1952); see also Brown v. Brown, 500 So.2d 655, 656 (Fla. 1st DCA 1986); Besco Equip. Co. v. Golden Loaf Bakery, 458 So.2d…

2Cases cited3 opinions

  1. Kaufman v. KaufmanSupreme Court of Florida · 1953
  2. Besco Equipment Co. v. Golden Loaf Bakery, Inc.District Court of Appeal of Florida · 1984
  3. Brown v. BrownDistrict Court of Appeal of Florida · 1986

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