State Farm Mut. Auto. Ins. Co. v. Howard Dinner, D.C., P.A., 72 So. 3d 783 (Fla. 4th DCA 2011). · Go Syfert
State Farm Mut. Auto. Ins. Co. v. Howard Dinner, D.C., P.A., 72 So. 3d 783 (Fla. 4th DCA 2011). Cases Citing This Book View Copy Cite
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State Farm Mutual Automobile Insurance Company
v.
Howard Dinner, D.C., P.A., a/a/o Denise Chapman
No. 4D11-469.
District Court of Appeal of Florida, Fourth District.
Oct 12, 2011.
Published opinion
72 So. 3d 783
2011 Fla. App. LEXIS 16145
2011 WL 4809205
Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale and Michael A. Rosenberg of Roig, Tutan, Rosenberg & Zlot-nick, P.A., Deerfield Beach, for petitioner., David B. Pakula of David B. Pakula, P.A., Southwest Ranches, for respondent.
Gross, Warner.
Published
PER CURIAM.

The county court erroneously compelled a State Farm adjuster who resided and worked in Hillsborough County, and who had not been designated as a corporate representative, to attend a deposition in Broward County. See Fla. R. Civ. P. 1.410(e)(2); Fortune Ins. Co. v. Santelli, 621 So.2d 546 (Fla. 3d DCA 1993). The circuit court dismissed State Farm’s petition for writ of certiorari.

Because no “miscarriage of justice” has occurred, we deny this petition for second tier certiorari. See United Auto. Ins. Co. v. Palm Chiropractic Ctr., Inc., 51 So.3d 506, 508 (Fla. 4th DCA 2010) (stating that a district court of appeal should grant a second tier petition for writ of certiorari “ ‘only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice’ ”) (emphasis in original) (quoting Custer Med. Ctr. v. United Auto., Ins. Co., 62 So.3d 1086, 1092 (Fla.2010)); Gould v. State, 974 So.2d 441, 446 (Fla. 2d DCA 2007) (observing that a district court of appeal cannot grant a petition for second tier certiorari where the circuit court applied the incorrect law unless such a “departure from the essential requirements of the law constituted a ‘miscarriage of justice’ ”).

MAY, C.J., WARNER and GROSS, JJ., concur.