Opinion
No. 2D22-2471.
05-10-2023
MT. HAWLEY INSURANCE COMPANY, Petitioner, v. Michael A. RUSSO and Loknath Food and Fuel, LLC, Respondents.
Michele A. Vargas and Sina Bahadoran , of Clyde & Co US LLP, Miami, for Petitioner. Lydia Sturgis Zbrzeznj of Southern Atlantic Law Group, PLLC, Winter Haven, for Respondent Michael A. Russo. No appearance for remaining Respondent.
Michele A. Vargas and Sina Bahadoran , of Clyde & Co US LLP, Miami, for Petitioner.
Lydia Sturgis Zbrzeznj of Southern Atlantic Law Group, PLLC, Winter Haven, for Respondent Michael A. Russo.
No appearance for remaining Respondent. ROTHSTEIN-YOUAKIM, Judge.
Mt. Hawley Insurance Company petitions for a writ of certiorari to quash the trial court's order instructing discovery to proceed, granting Michael A. Russo's motion to compel, and denying in part Mt. Hawley's motion for stay. Because no coverage action is pending in the trial court— and one is pending in federal district court—we grant the petition in part and quash the order to the extent that it permits discovery on coverage matters. See Dep't of Rev. ex rel. T.H.W. v. D.E.B., 312 So.3d 180, 184-85 (Fla. 2d DCA 2021) (granting certiorari petition and quashing an order compelling genetic testing of nonparty where trial court had subject matter jurisdiction over only a child support petition and thus lacked subject matter jurisdiction over the paternity issue); Plevy v. Plevy, 438 So.2d 1053, 1054 (Fla. 4th DCA 1983) (granting certiorari petition and quashing discovery order, reasoning that "[i]f the trial court lacked jurisdiction to modify a judgment, it follows that it lacked jurisdiction to enter a discovery order relating to modification"); cf. Spacebox Dover, LLC v. LSREF2 Baron LLC, 112 So.3d 751, 752 (Fla. 2d DCA 2013) (concluding that the trial court departed from the essential requirements of law by refusing to stay discovery in light of earlier-filed action pending in another jurisdiction); State v. Harbour Island, Inc., 601 So.2d 1334, 1335 (Fla. 2d DCA 1992) (same). In all other respects, the petition is denied.
Petition granted in part and denied in part; order quashed in part.
MORRIS, C.J., and SLEET, J., Concur.