CopyCited 29 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17304
...appointing a commissioner to take the testimony of Shelva Hill in Ohio, and to allow petitioner a reasonable time to take this testimony prior to the time of trial. Writ GRANTED; order QUASHED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 92.251, Florida Statutes (Uniform Foreign Deposition Act): Whenever any mandate, writ of commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is re...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...d from exploring by the prior objections and assertions of privilege," and to produce the items listed in the subpoena duces tecum. The proceedings in circuit court were brought under the Uniform Foreign Depositions Law, which Florida has enacted at section 92.251 Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2685
...d at the Rancho Ensino Hospital in Encino, California. Without requesting production of the medical records pursuant to Rule 1.350, Florida Rules of Civil Procedure, or implementing the procedures provided for by the Uniform Foreign Depositions Law, Section 92.251, Florida Statutes (1983) and its counterpart, Section 2023, Code of Civil Procedure of California, respondents' attorney mailed petitioner a medical authorization form for the California records and requested that she sign and return it to him....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2008 WL 62447
...We, however, treat this as an appeal from a final order [1] and reverse for the following reasons. The proceedings below arose out of a pending California lawsuit between GFS and Union America Mortgage, Inc. ("Union"), and was brought pursuant to the Uniform Foreign Depositions Law ("UFDL"), which Florida has enacted at section 92.251, Florida Statutes (1985)....
...The trial court granted the motion and directed GFS and the two Florida witnesses to the California court that issued the commission for a resolution of their discovery issues. GFS now seeks our review of this order of dismissal. Under UFDL, as adopted by Florida in section 92.251, whenever a litigant desires to depose a witness residing in another state, that litigant must first secure the appointment of a commissioner from the court where the litigation originates....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 2913275, 2012 Fla. App. LEXIS 11702
...his is not a criminal case or one relating to a criminal investigation or other proceeding. Florida and Georgia, among other states, have adopted uniform foreign depositions laws. In Florida, the Uniform Foreign Depositions Law (UFDL) is codified in section 92.251, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...lodged when it was a non-party, and specifically upon receipt of the
subpoena duces tecum, with actions a party to litigation may take which
would be inconsistent with maintaining an objection to personal jurisdiction.
Foreign subpoenas are covered by section
92.251, Florida Statutes,
while long-arm jurisdiction is specifically enumerated in section
48.193,
Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...requested in the plaintiff’s subpoena is discoverable. We agree with the
plaintiff’s argument and reverse the circuit court’s order.
Our conclusion is dictated by the Uniform Interstate Depositions and
Discovery Act (“UIDDA”), codified in section 92.251, Florida Statutes
(2022), which governs foreign, i.e., out-of-state, subpoenas....
...subpoena issued by a clerk of court under [this statute] must
comply with the statutes and rules of this state and be
2
submitted to the court in the county in which discovery is to be
conducted.
§ 92.251(5), (6), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21481
...The parties to the litigation arranged for his voluntary deposition in Tennessee. Although the deposition was scheduled, and the witness resided, in Tennessee, neither party took steps to have a commissioner appointed or to have legal process issued and delivered under the provisions of the Uniform Foreign Depositions Act, Section 92.251, Florida Statutes (1981)....
CopyPublished | Florida 4th District Court of Appeal
...Coleman of Carlton Fields, Miami, for petitioner.
Dorothy F. Easley of Easley Appellate Practice PLLC, Miami, and
William V. Carcioppolo of La Cava & Jacobson, P.A., Fort Lauderdale, for
respondent.
PER CURIAM.
The petition for writ of certiorari is denied. See § 92.251(2)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal
...AFFIRMED . Lewis and Osterhaus, JJ., concur. The action in the Florida circuit court was filed by the Appellants, who are the defendants in a civil case pending in Connecticut, for the purpose of deposing the non-party witness who resides in Florida. See § 92.251(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15622, 1998 WL 852822
...A notice of deposition need not be served on a non-party witness. We also reject Reedy’s argument that the subpoena was invalid because it set a deposition date prior to the date set forth in the underlying commission. There is no requirement in section 92.251, Florida Statutes, or in Rule 1.410 that a commission issued by a foreign court specify the date, time or place for the taking of the Florida resident’s deposition. SAFECO asserts that section 92.251, Florida Statutes, and Rule 1.410 provide that once a commission is issued by a foreign court, a Florida resident can be compelled to appear and give deposition testimony in a foreign case just as if the case were pending in Florida’s own courts. SAFECO argues that Reedy was subpoenaed to appear in exactly the same manner he would have been had the case been pending here. We cannot agree. Section 92.251, the Uniform Foreign Depositions law, provides that whenever any commission is issued out of any court of record in any other state, “witnesses may be compelled to appear and testify in the same manner and by the same process and pro...
CopyPublished | Florida 6th District Court of Appeal
...Appellant, Breanden Beneschott, seeks our review of an order
denying his privilege claims and compelling his production of documents to
Appellees Toptal, LLC and Taso Du Val (the “Toptal Parties”). The order, enforcing
a subpoena under the Uniform Interstate Depositions and Discovery Act
(“UIDDA”), § 92.251, Fla....
...(2020), is a final order for purposes of our appellate
jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(A). See
Greenlight Fin. Servs., Inc. v. Union Am. Mortg., Inc.,
971 So. 2d 983, 984 & n.1
(Fla. 3d DCA 2008). Florida law governs our review. Id. at 985; §
92.251(5), Fla.
Stat....
