Background
Jesus Alexander Diaz Cabrera and Addanelys Almenares Mendoza sued over injuries from a March 14, 2024 automobile accident in Miami-Dade County. Although the plaintiffs now live in Texas, the defendant sought compulsory medical examinations in Miami-Dade County under Florida Rule of Civil Procedure 1.360.
The Miami-Dade circuit court denied the plaintiffs’ joint motion for a protective order and required them to attend the examinations in Miami. The defendant agreed to pay their reasonable, documented travel expenses. The plaintiffs petitioned for certiorari review of that discovery order.
The Court’s Holding
The Third District denied the petition. It held that the plaintiffs did not establish a departure from the essential requirements of law in the trial court’s decision to require the examinations in Miami-Dade County.
Rule 1.360 requires a requested examination to specify a reasonable place, but it supplies no fixed rule governing where an examination must occur. The location is within the trial court’s discretion. The appellate court found no abuse of that discretion, particularly because the accident occurred in Miami-Dade County and the defendant agreed to cover reasonable documented travel costs.
Key Takeaways
- A plaintiff’s move out of state does not automatically require a compulsory medical examination to occur near the plaintiff’s new residence.
- The place of a Rule 1.360 examination is committed to the trial court’s discretion and must be reasonable under the circumstances.
- Travel-expense reimbursement and the location of the underlying accident may support an order requiring examination in the forum county.
Why It Matters
The decision underscores the narrow scope of certiorari review for discovery orders involving compulsory medical examinations. In personal-injury cases, Florida trial courts retain latitude to select a reasonable examination location, including the county where the accident occurred, even if an injured plaintiff has since relocated.