Third District Court of Appeal
State of Florida
Opinion filed January 7, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2703
Lower Tribunal No. 13-5046
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United Automobile Insurance Company,
Petitioner,
vs.
Darwin Anthony Davis and Alicia Davis,
Respondent.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Jerald
Bagley, Judge.
Cole, Scott, & Kissane and Thomas E. Scott and Scott A. Cole and Daniel
M. Schwarz, for petitioner.
Ver Ploeg & Lumpkin and Stephen A. Marino, Jr. and Rochelle N.
Wimbush, for respondent.
Before SUAREZ, SALTER, and SCALES, JJ.
PER CURIAM.
United Automobile Insurance Company petitions for a Writ of Certiorari to
quash the Circuit Court’s October 31, 2014, Order on Defendant’s Objections to
Plaintiff’s Second Request for Production. We grant the Petition.
As indicated in Royal Caribbean Cruises, Ltd. v. Doe,
44 So. 3d 230, 234
(Fla. 3d DCA 2010), Respondents are not entitled to financial information until the
trial court determines whether they have properly stated a claim for punitive
damages. No such determination has been made in this case. Indeed, no claim for
punitive damages has even been filed. In addition, Petitioner’s financial
information is not relevant to any disputed issues raised by any other claim made
by Respondents in their Complaint and is therefore not discoverable at this time.
Petition granted.
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