IN THE CIRCUIT COURT FOR
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
LEVERONE, D.C. DACBR, P.A.,
On behalf of George Kirby,
††††††††††† ††††††††††† Petitioner,
vs.††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† Appeal No. 01-7096-CI-88A
LIBERTY MUTUAL INSURANCE COMPANY,
††††††††††† ††††††††††† Respondent.
††††††††††† THIS CAUSE came before the Court on the Petition for Writ of Certiorari, filed by the Petitioner, Richard Leverone, D.C. DACBR, P.A., on behalf of George Kirby.† The Petitioner seeks the issuance of a writ of common law certiorari to quash the lower courtís order which denied the Petitionerís request to set a reasonable fee for the expert deposition of Dr. Richard Leverone.† Upon review of the Petition and being otherwise fully advised in the premises, the Court finds that the Petition must be denied.† The Petitioner has failed to show that there has been a violation of a clearly established principle of law resulting in the miscarriage of justice or that the lower courtís order would cause a material injury that could not be remedied on appeal from a final judgment.† See Doe vs. Archdiocese of the Catholic Church of Miami, 721 So.2d 428, 429 (Fla. 3d DCA 1998)(citations omitted); see also Whiteside vs. Johnson, 351 So.2d 759, 760 (Fla. 2d DCA 1977)(stating that certiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve petitioners from expense and inconvenience of trial)(citations omitted).
††††††††††† Therefore, it is
††††††††††† ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is denied without prejudice.
††††††††††† DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 11th day of October 2001.††††††††††††††
††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† †††
NANCY MOATE LEY
Circuit Judge, Appellate Division
Copies Furnished To:
100 U.S. 19 North, Suite 200
St. Petersburg, FL† 33733
P. Kelly, Esquire
600 North Westshore Blvd., Suite 1001
Tampa, FL† 33609
Staff Attorney, Appellate Division