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GEICO INDEMNITY COMPANY, Petitioner, v. Mark CHMIELEWSKI, as court-appointed guardian of Matthew Martin, and Raymond Consul, Respondents

Florida District Court of Appeal2016-01-06No. No. 2D15-3034
181 So. 3d 577

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Opinion

majority opinion

KELLY, Judge.

GEICO Indemnity Company, a nonparty to an automobile negligence action, seeks certiorari review of an order compelling production of its claim file. Mark Chmie-lewski, as court-appointed guardian for Matthew Martin, correctly concedes that the order departs from the essential requirements of law because GEICO was not properly served with a lawful subpoena in the manner prescribed by Florida Rule of Civil Procedure 1.351 (production of documents without deposition from a nonparty). Accordingly, we quash the order compelling production of the documents and remand for further proceedings.

Petition granted; order quashed; remanded.

NORTHCUTT and CRENSHAW, JJ., Concur.

. Order on Exceptions to Recommended Order of General Magistrate rendered on June 11, 2015.