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QUELER v. RECEIVERSHIP OF CUMBERLAND CASUALTY & SURETY COMPANY

No. 1D08-1794.

1 So.3d 1140 (2009)

Arthur QUELER, Janet Hillelson, as Trustee of the Young Revocable Trust, Katherine Kenney, Arnold Lipschutz, as Trustee of the Arnold Lipschutz Revocable Trust, and Marsha Lipschutz, as Trustee and Beneficiary of the Marsha Lipschutz Revocable Trust, Petitioners, v. The RECEIVERSHIP OF CUMBERLAND CASUALTY & SURETY COMPANY, a Florida corporation authorized to transact an insurance business in Florida, Respondent.

District Court of Appeal of Florida, First District.

January 21, 2009.

Attorney(s) appearing for the Case

Jeffrey Erez and Jeffrey R. Sonn of Sonn & Erez, Fort Lauderdale, for Petitioners.

Mark S. Hamilton, Senior Attorney, Division of Rehabilitation and Liquidation, Florida Department of Financial Services, Tallahassee, for Respondent.

PER CURIAM.

Petitioners seek a writ of certiorari quashing the lower court's order which granted Respondent's motion to determine four subpoenas as null and void and seeking a protective order enjoining the issuance of further subpoenas. Because we find the lower court's order was issued erroneously, we grant the writ.

In order to obtain a writ of certiorari, a petitioner must establish that the trial court departed...

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