United Healthcare Services, Inc., Etc. v. Benjamin Cousins M.D., P.A.
CourtDistrict Court of Appeal of Florida
Date FiledAugust 5, 2026
Docket3D2026-0371
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 5, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0371
Lower Tribunal No. 24-12115-CA-01
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United Healthcare Services, Inc., etc., et al.,
Petitioners,
vs.
Benjamin Cousins, M.D., P.A.,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Abby Cynamon, Judge.
Kristen M. Fiore, BCS (Tallahassee); Akerman LLP, and Irene Bassel
Frick (Tampa), for petitioners.
Lauren Luck, P.A., and Lauren J. Luck, for respondent.
Before FERNANDEZ, LOGUE, and GORDO, JJ.
PER CURIAM.
Petitioners seek a writ of certiorari quashing an order requiring them to
produce a voluminous number of certain documents. The record before us
was sufficient for the trial court to conclude that (1) Petitioners relied upon
the data from the documents at issue in their own market data spreadsheet
and expert analysis; and (2) Petitioners successfully moved the trial court to
compel Respondent to produce the same category of documents in his
possession. Finally, most of the affidavits and arguments concerning the
burden of producing the documents relied upon by Petitioners were not filed
in the trial court until after the hearing on this issue and entry of the order at
issue and were only filed as part of a motion to reconsider.
Given the trial courtโs broad discretion to manage discovery and the
high standard for certiorari, we do not see a departure from the essential
requirements of law in these circumstances that would warrant issuance of
the writ. Racetrac Petroleum, Inc. v. Sewell, 150 So. 3d 1247, 1251 (Fla. 3d
DCA 2014) (โTrial courts are accorded broad discretion in the treatment of
discovery problems, and such orders reviewed pursuant to a petition for writ
of certiorari will not be overturned absent departure from the essential
requirements of law.โ).
Petition denied.
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