Opinion filed August 5, 2026.Not final until disposition of timely filed motion for rehearing.
No. 3D26-0371
Lower Tribunal No. 24-12115-CA-01
United Healthcare Services, Inc., etc., et al.,Petitioners,
vs.
Benjamin Cousins, M.D., P.A.,Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-DadeCounty, Abby Cynamon, Judge.
Kristen M. Fiore, BCS (Tallahassee); Akerman LLP, and Irene BasselFrick (Tampa), for petitioners.
Lauren Luck, P.A., and Lauren J. Luck, for respondent.
Before FERNANDEZ, LOGUE, and GORDO, JJ.
PER CURIAM.
Original opinion page 2
2Petitioners seek a writ of certiorari quashing an order requiring them toproduce a voluminous number of certain documents. The record before uswas sufficient for the trial court to conclude that (1) Petitioners relied uponthe data from the documents at issue in their own market data spreadsheetand expert analysis; and (2) Petitioners successfully moved the trial court tocompel Respondent to produce the same category of documents in hispossession. Finally, most of the affidavits and arguments concerning theburden of producing the documents relied upon by Petitioners were not filedin the trial court until after the hearing on this issue and entry of the order atissue and were only filed as part of a motion to reconsider.Given the trial court’s broad discretion to manage discovery and thehigh standard for certiorari, we do not see a departure from the essentialrequirements of law in these circumstances that would warrant issuance ofthe writ. Racetrac Petroleum, Inc. v. Sewell, 150 So. 3d 1247, 1251 (Fla. 3dDCA 2014) (“Trial courts are accorded broad discretion in the treatment ofdiscovery problems, and such orders reviewed pursuant to a petition for writof certiorari will not be overturned absent departure from the essentialrequirements of law.”).Petition denied.
Opinion text and original PDF from Florida Third District Court of Appeal · Source opinion