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DEPARTMENT OF HIGHWAY SAFETY v. MARKS

No. 5D04-3819.

898 So.2d 1063 (2005)

DEPARTMENT OF HIGHWAY SAFETY, etc., et al., Petitioner, v. Jason MARKS, Respondent.

District Court of Appeal of Florida, Fifth District.

March 18, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert Dietz and Yvette Acosta MacMillan, Assistant Attorneys General, Tampa, for Petitioner.

Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent.

SHARP, W., J.

The Florida Department of Highway Safety and Motor Vehicles and Labbe (petitioners) seek certiorari review of the trial court's order, which denied their motion to quash the taking of Labbe's deposition, and which denied in part and granted in part their motion for a protective order. The issue before us is whether the plaintiff, Jason Marks, who filed a 42 U.S.C. section 1983 lawsuit against petitioners, should be able to conduct a deposition of Labbe...

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