Opinion
No. 3D08-729.
July 2, 2008.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge.
Rumberger, Kirk Caldwell, and Joshua D. Lerner, Miami, for petitioner.
Brent L. Probinsky, Sarasota; Philip D. Parrish, Miami, for respondents.
Before SHEPHERD, CORTIÑAS, and SALTER, JJ.
Petitioner-Defendant, Bob Hilson Company, Inc., seeks certiorari review of an order that requires Respondent-Plaintiffs, Maria Guadalupe Calvo Castaneda, deposition be taken in Mexico. Castaneda seeks an award of consortium in her husband Diego Garcia's personal injury action pending in the circuit court in Miami-Dade County. We grant the petition and quash the order under review.
Absent a legally sufficient showing of good cause, see Chittick v. E. Air Lines, Inc., 403 So.2d 595, 597 (Fla. 1st DCA 1981); Ormond Beach First Nat'l Bank v. J.M. Montgomery Roofing Co., 189 So.2d 239, 243 (Fla. 1st DCA 1966), a plaintiff ordinarily must appear for his or her deposition in the forum selected by the plaintiff. See also Logitech Cargo, U.S.A., Corp. v. JW Perry, Inc., 817 So.2d 1033, 1035 (Fla. 3d DCA 2002) (citing Fortune Ins. Co. v. Santelli 621 So.2d 546, 547 (Fla. 3d DCA 1993)) ("[A] plaintiff is generally required to be deposed in the forum where the action is pending."). Unsworn representations of counsel are insufficient to meet the required showing of good cause. See Haverley v. Clann, 196 So.2d 38 (Fla. 2d DCA 1967).
Petition granted; order quashed.