Good news! Our firm recently won an important victory last week on behalf of our firm’s clients when the Fourth District Court of Appeals ruled in our favor. The appellate opinion, confirming what we knew was the law, may help other clients we have who may face the same issue.
Specifically, our clients reside in California and are husband and wife defendants in litigation with another law firm over a dispute involving legal fees. The Plaintiff noticed the deposition of our clients to take place in Florida, despite the fact that they live in California. The trial court erroneously ordered them to travel from their home in California in order to have their depositions taken in Florida. I objected to the trial court’s order and filed a petition for certiorari review with the Fourth District Court of Appeal.
The appellate opinion came down firmly on our side and specifically confirms that, “It is well-settled that a defendant must be deposed in the county of his or her work or residence unless the defendant has sought affirmative relief or extraordinary circumstances exist.” The appellate court noted that our clients are not seeking affirmative relief and the plaintiffs did not show any extraordinary circumstances.
Our victory was deemed important enough to make it to the front page of the Daily Business Review where I was quoted expressing my pleasure that the court reinforced the Florida law that plaintiffs cannot compel defendants “to appear for depositions outside their county of residence.”
All of us at www.bergerfirm.com zealously work to uphold the rights of all our clients. This win reaffirms our view that winning on behalf of one client may benefit others with similar issues in the future. If an opposing party requests any client who resides out of state or out of the county to travel to Florida for a deposition, we now have an appellate ruling reaffirming that this cannot legally be required.