Second DCA
Mt. Hawley Insurance Company v. Russo
2nd DCA
5/10/23, Judge Rothstein-Youakim
Topics: Discovery; Writ of Certiorari
The parties were involved in an insurance coverage dispute in federal court, but no coverage dispute was pending in the trial court. The trial court granted a motion by Russo that discovery in state court should proceed. The trial court’s order also compelled certain discovery relating to coverage matters from the insurance company. Finally the order partially denied Mt. Hawley’s motion to stay the case pending the outcome of the coverage dispute in federal court, apparently staying everything except the discovery on coverage matters.
Mt. Hawley filed a petition for a writ of certiorari, and the DCA granted the petition and quashed the trial court’s order in part. The discovery was improper because it related to coverage, coverage was an issue in federal court, and coverage was not at issue in the state court proceeding.
Even though the opinion expressly stated that it was quashing only the part of the order that permitted discovery on coverage matters.
https://supremecourt.flcourts.gov/content/download/868386/opinion/222471_DA16_05102023_ 083752_i.pdf
Terry P. Roberts
Terry@YourChampions.com
Director of Appellate Practice Fischer Redavid PLLC
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