In State Farm Fire & Casualty Company v. H Rehab, Inc. (3D10-3234), the Third District granted State Farm's petition for certiorari and quashed an order entered by the trial court requiring the production of surveillance video. The court stated:
This Court ordered the respondent to file a response to the petition and address the case of Dodson v. Persell, 390 So. 2d 704 (Fla. 1980). The respondent did not do so. In Dodson, the Florida Supreme Court held that a party is not required to produce surveillance video unless the party is going to introduce the video as evidence, and if so, not until the surveilling party has had the opportunity to depose the subject of the video. Id. at 708.
Here, the circuit court did not permit State Farm the opportunity to depose the plaintiff and insured, the subjects of the video, prior to the production of the video. This is contrary to the principles outlined in Dodson.