ESPANA v. REDNERIS

No. 95-1953.

661 So.2d 1295 (1995)

Jesus Maria ESPANA, Petitioner, v. Hilda REDNERIS, Respondent.

District Court of Appeal of Florida, Fourth District.

November 1, 1995.


Attorney(s) appearing for the Case

Frances Fernandez Gausch of Sparkman, Robb, Nelson & Mason, Miami, for petitioner.

Todd R. Falzone of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for respondent.


PER CURIAM.

We grant the petition for writ of certiorari and quash the order of the trial court requiring the petitioner in a personal injury action to appear in Dade County for deposition or have his pleadings struck. The defendant is a resident of Guatemala and did not plead for affirmative relief in the proceedings below. There is no evidence in the record that he is evading discovery. The general rule is that a defendant not requesting affirmative relief is not...

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