Prevost Car, Inc. v. Vehicles-R-Us, Inc.

Docket: No. 95-1282

Court: District Court of Appeal of Florida; August 4, 1995; Florida; State Appellate Court

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Prevost Car, Inc., a Canadian corporation, petitioned for certiorari review regarding a discovery order that required its corporate representative to appear in Orlando for deposition. The court granted the petition, emphasizing that, absent extraordinary circumstances, an out-of-state defendant not seeking affirmative relief should not be compelled to travel to Florida for deposition. Citing relevant case law, including Kaufman v. Kaufman and Brown v. Brown, the court noted that Prevost has not sought affirmative relief, and the opposing party, Vehicles-R-Us, Inc., failed to demonstrate any extraordinary circumstances. Consequently, the court quashed the discovery order. The judgment was supported by Chief Judge Peterson and Judge Goshorn.