Professional Medical Specialties, Inc. v. Renfroe
| Decision Date | 23 August 1978 |
| Docket Number | 78-764,Nos. 78-659,s. 78-659 |
| Citation | 362 So.2d 397 |
| Court | Florida District Court of Appeals |
| Parties | PROFESSIONAL MEDICAL SPECIALTIES, INC., and Beverly M. Jones, personal representative of the Estate of Quentin R. Jones, Deceased, Petitioners, v. Aileen RENFROE, personal representative of the Estate of Tommie E. Renfroe, Deceased, et al., Respondents. The GARRETT CORPORATION, Air Research Manufacturing Division, Petitioner, v. Aileen RENFROE, personal representative of the Estate of Tommie E. Renfroe, Deceased, et al., Respondents. |
J. Thomas Cardwell of Akerman, Senterfitt & Eidson, Orlando, for petitioner The Garrett Corp.
John C. Briggs of Robertson, Williams, Duane & Lewis, Orlando, for petitioners Professional Medical Specialties, Inc., and Beverly M. Jones.
George E. Adams of Adams & Hill, Orlando, Donald L. Salem of Luce, Forward, Hamilton & Scripps, San Diego, Cal., and Arthur Sherman of Sherman & Nordstrom, West Los Angeles, Cal., for respondents.
By petitions for writs of certiorari we have for review orders of the trial court denying motions to compel answers in a discovery deposition.
The action involved is one for wrongful death. Suit was commenced one day before the Statute of Limitations expired, but process was not served until six months later. Petitioners raised the Statute of Limitations as a defense and by way of discovery sought to garner the facts surrounding the delay in service of process so that they could assert that lack of due diligence in service of process nullified the filing of the suit before the Statute of Limitations had actually run. In order to prove those facts petitioners took the deposition of a lawyer for respondents. He refused to answer the questions propounded regarding the filing of this action and the Court refused to require him to do so. It is this latter judicial act we are asked to review.
There are numerous Federal cases holding due diligence in service of process is required in order to enable one to rely upon the act of filing suit to toll the running of the Statute of Limitations. The Second District Court of Appeal has held recently in Pratt v. Durkop, 356 So.2d 1278 (Fla. 2nd DCA 1978), that the timely filing of suit is all that is required to stop the statute from running. Neither the Supreme Court of Florida nor this Court has spoken to the precise question.
We are sorely tempted by expedition to resolve the question presented, but that is not a...
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...1203 (Fla. 5th DCA 1980) (order denying the defendant's motion to dismiss for failure to prosecute); Professional Medical Specialties, Inc. v. Renfroe, 362 So.2d 397 (Fla. 4th DCA 1978) (order denying motions to compel answers in a discovery deposition); Ford Motor Company v. Nelson, 355 So......
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...upon plenary appeal. See, e.g., Esman v. Board of Regents, 425 So.2d 156 (Fla. 1st DCA 1983); Professional Medical Specialties, Inc. v. Renfroe, 362 So.2d 397 (Fla. 4th DCA 1978). Accordingly, the petition for writ of certiorari is DENIED. COBB, C.J., and FRANK D. UPCHURCH, Jr., J., concur. ...
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Certiorari Review of Orders Denying Discovery in Civil Cases.
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