M.W. V. DEPT. OF CHILDREN

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 AGRICULTURAL EXCESS AND ** SURPLUS LINES INSURANCE COMPANY, n/k/a GREAT AMERICAN ** E & S INSURANCE COMPANY, a foreign corporation, ** Petitioner, ** vs. ** CASE NO. 3D03-1750 KENDALL LAKES TOWNHOMES DEVELOPERS, INC., ** LOWER TRIBUNAL NO. 03-6180 Respondent. ** ** Opinion filed September 15, 2004. A Writ of Certiorari to the Circuit Court for Dade County, Ellen L. Leesfield, Judge. Heidi M. Roth, for petitioner. Gonzalo R. Dorta, for respondent. Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ. PER CURIAM. The Petitioner herein, Agricultural Excess and Surplus Lines Insurance Company, n/k/a Great American E & S Insurance Company ( Agricultural ), seeks a Writ of Certiorari from this Court to quash a non-final order of the circuit court which denied its Motion for Protective Order. The Petitioner is entitled to the relief sought. The appraisal clause, which is replicated on page ten of the Petition, states that if the appraisers cannot agree on an umpire, either may request that selection be made by a judge of a court having jurisdiction . on an umpire, they Because the parties were not able to agree went before the trial court pursuant to Agricultural s Petition for Selection of Umpire solely for the purpose of having the trial court select an umpire. there is no need or justification for a At this point, deposition of Agricultural s appraiser, since such a deposition would not be relevant to the trial court s selection of a neutral umpire. The contract between the parties only provides that the parties may approach the court for a selection of an umpire. No discovery is contemplated in the provision of the contract under which the parties are now proceeding. Petition granted. 2

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