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SUCART v. OFFICE OF THE COMMISSIONER

Nos. 3D13-1928, 3D13-2242, 3D13-2251.

129 So.3d 1112 (2013)

Yuri SUCART and Jose Gustavo Gomez, Petitioners, v. OFFICE OF THE COMMISSIONER, etc., et al., Respondents.

District Court of Appeal of Florida, Third District.

December 18, 2013.

Attorney(s) appearing for the Case

Sonn & Erez, PLC, and Jeffrey R. Sonn , Miami, for petitioner Yuri Sucart.

Hinshaw & Culbertson LLP, and John Lukacs , Coral Gables, for petitioner Jose Gustavo Gomez.

Proskauer Rose LLP, New York, and Howard L. Ganz , Neil H. Abramson , Adam M. Lupion , Allan H. Weitzman , and Jurate Schwartz , Pro Hac Vice; Kobre & Kim LLP, and Matthew I. Menchel , Andrew C. Lourie , John D. Couriel , and Adriana Riviere-Badell , Miami, for respondents.

Before WELLS, EMAS, and LOGUE, JJ.

LOGUE, J.

Yuri Sucart and Jose Gustavo Gomez seek writs of certiorari to prevent the plaintiff in the lawsuit below from taking their depositions. They contend that federal law preempts the lawsuit, and therefore the trial court lacks subject matter jurisdiction to issue the subpoenas. Because the record before us does not clearly establish that the lawsuit is preempted, Sucart and Gomez have failed to meet the high standard required for the issuance of the extraordinary...

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