Remington Lodging & Hospitality, LLC v. Southernmost House, Ltd.

• Decision Date: 02 November 2016
• Docket Number: No. 3D16–1729.,3D16–1729.
• Citation: Remington Lodging & Hospitality, LLC v. Southernmost House, Ltd., 206 So.3d 764 (Fla. App. 2016)
• Parties: REMINGTON LODGING & HOSPITALITY, LLC, etc., Petitioner, v. SOUTHERNMOST HOUSE, LTD., etc., Respondent.
• Court: Florida District Court of Appeals

206 So.3d 764

REMINGTON LODGING & HOSPITALITY, LLC, etc., Petitioner,

v.SOUTHERNMOST HOUSE, LTD., etc., Respondent.

No. 3D16–1729.

District Court of Appeal of Florida, Third District.

Nov. 2, 2016.

Heller Waldman, P.L. and Glen H. Waldman and Michael A. Azre, for petitioner.

Akerman LLP and Robert I. Chaskes and Jeffrey B. Pertnoy, for respondent.

Before SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ.

SUAREZ, C.J.

Remington Lodging & Hospitality, LLC ("Remington") petitions this court for a writ of certiorari to quash the trial court's order denying Remington's Motion for Protective Order. Remington's motion sought to preclude the depositions of Remington's chief executive officer and its president. We deny the petition as we find that the trial court did not depart from the essential requirements of law in denying the Motion for Protective Order.

The action below arises out of a 2009 Management Agreement between Remington and Southernmost House, Ltd. ("Southernmost") pursuant to which Remington was to manage the Southernmost House hotel in Key West. In 2015 Southernmost filed the present lawsuit alleging numerous defaults under the Management Agreement and seeking to terminate the Agreement. Remington denies that any defaults have occurred.

After Southernmost noticed the depositions of the CEO and president, Remington filed its Motion for Protective Order arguing that Remington, which is based in Dallas, manages over 94 hotels in 28 States and employs over 8,000 people and that neither officer has any knowledge of the day-to-day operations of the Southernmost House and that, as a result, the depositions would be pointless. Remington also claimed that the depositions were set solely to harass the officers and Remington. The CEO and president also submitted supporting affidavits confirming that they have nothing to do with the day-to-day operation of Southernmost House and have no knowledge of the allegation of the Complaint.

At the hearing on the Motion for Protective Order, Remington argued that lower-level management personnel dealt with the day-to-day operation of Southernmost House and that those employees should, at least, be deposed first.¹ However, the affidavits provided in support of the motion also state that Remington's CEO and president both met with Southernmost's owner on at least one occasion and discussed the management of the Southernmost House with lower-level executives in at least a limited way.

Applicable rules and case law make clear that ...