United Teachers Associates Ins. Co. v. Vanwinkle, 95-1356
| Decision Date | 05 July 1995 |
| Docket Number | No. 95-1356,95-1356 |
| Citation | 657 So.2d 1232 |
| Parties | 20 Fla. L. Weekly D1567 UNITED TEACHERS ASSOCIATES INSURANCE COMPANY, Petitioner, v. Kent David VANWINKLE, Respondent. |
| Court | Florida District Court of Appeals |
Clark, Sparkman, Robb & Nelson and James K. Clark, Miami, for petitioner.
Anthony J. Scremin, Miami, for respondent.
Before BARKDULL, NESBITT and LEVY, JJ.
In the absence of extraordinary circumstances not shown to exist here, the deposition of a non-resident officer of a non-resident corporate defendant not seeking affirmative relief is to be taken at deponent's place of residence and the trial court should not require that party to advance travel costs to counsel in connection therewith. For this reason, the order requiring the within petitioner to advance travel costs is quashed. Madax Int'l Corp. v. Delcher Intercontinental Moving Services, Inc., 342 So.2d 1082 (Fla. 2d DCA 1977).
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Aero Costa Rica, Inc. v. Dispatch Services, Inc., 97-2407
...defendant not seeking affirmative relief is to be taken at deponent's place of residence". United Teachers Assocs. Ins. Co. v. Vanwinkle, 657 So.2d 1232, 1232-33 (Fla. 3d DCA 1995). Thus, for these reasons, we grant the writ and quash the order under Writ granted. ...
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