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Florida First DCA quashes trial court order upholding records subpoena issued to Virginia company, rules that defendant failed to comply with Virginia’s requirements for service of process

On December 23, 2019, in Kinsale Insurance Company v. Murphy, No. 1D19-0538, the Florida First DCA quashed an order by a trial court that had upheld a subpoena duces tecum mailed by the defendant insurance company to a Virginia company. The trial court denied the plaintiffs’ motion to quash the subpoena despite the defendant’s acknowledgement that it failed to comply with the Virginia legal requirement that a commissioner located in that state be appointed to issue the subpoena duces tecum. The First DCA noted that a Florida subpoena has no force outside Florida absent compliance with another state’s requirements for service of process, citing § 48.011, Fla. Stat. (2018) and Ulloa v. CMI, Inc., 133 So.3d. 914 (Fla. 2013) (quashing subpoena duces tecum in criminal case when improperly served on corporation located outside territorial boundary of Florida).