Saturday, January 7, 2012

Two Cases from the Fifth DCA 1/6/12


In Nationwide Ins. Co. v. Nelson, 83 So. 3d 863, 2012 Fla. App. LEXIS 50 (Fla. 5th DCA 2012), the court granted certiorari quashing a discovery order requiring an insurer to produce all home inspection reports that its engineers had generated on its behalf during a three-year period because the discovery request was overbroad and unduly burdensome.  See


And in Carden & Assocs. v. C.O.D. Trees P'ship, 83 So. 3d 862, 2012 Fla. App. LEXIS 49 (Fla. 5th DCA 2012), the court granted sanctions for failure to appear at an appellate mediation in violation of the court’s order. Neither the individual appellant nor a representative of the corporate appellant attended the mediation; only their insurance company representative and attorney appeared. The two appellants were ordered to pay as sanctions within 30 days all fees charged by the mediator in connection with the appellate mediation; and, appellee’s reasonable costs and attorneys’ fees incurred in preparing for and attending the appellate mediation and filing the motion for sanctions.

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