Brennan v. Board of Public Instruction of Broward County
| Citation | 244 So.2d 463 |
| Decision Date | 19 February 1971 |
| Docket Number | No. 70--938,70--938 |
| Parties | Linda S. BRENNAN and Albert B. Brennan, her husband, Petitioners, v. BOARD OF PUBLIC INSTRUCTION OF BROWARD COUNTY, Florida, et al., Respondents. |
| Court | Court of Appeal of Florida (US) |
Neil Chonin, of Goldstein, Franklin, Chonin & Schrank, North Miami, for petitioners.
E. Hugh Chappell, Jr., of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, Fort Lauderdale, for respondents.
The petitioners, plaintiffs in a personal injury action, have filed in this court a petition for certiorari to review an order of the trial court preventing them from taking the depositions of three persons employed by the respondent Board of Public Instruction of Broward County, Florida. No question is raised by the respondents (the defendants below) as to the propriety of a review of this order by certiorari. Nevertheless such review is supported by the authority of Brooks v. Owen, Fla.1957, 97 So.2d 693; Dade County, etc. v. Bosch, Fla.App.1961, 133 So.2d 578; Ormond Beach First National Bank v. J. M. Montgomery Roofing Company, Inc., Fla.App.1966, 189 So.2d 239; and Leithauser v. Harrison, Fla.App.1964, 168 So.2d 95, 97.
The petitioners as plaintiffs below filed a personal injury action against the respondent Broward County Board of Public Instruction in the Circuit Court for Broward County, Florida. The complaint alleged that a school bus owned by the respondent was negligently driven into the rear of a motor vehicle which petitioner Linda S. Brennan was driving. The answer denied negligence. A pre-trial conference was held on 5 October 1970. The pre-trial order did not limit the taking of depositions.
After the pre-trial conference, the petitioners served a notice of the taking of the depositions of three persons who, prior to the accident in question and while in the employ of respondent, had worked on the brakes of the bus. The notices which set the depositions for 26 October 1970 were received by the respondents on 20 October 1970. The trial of the cause was scheduled for the week of November 2nd. The respondents filed a motion to quash the taking of the depositions. On 26 October 1970, the trial court entered an order which granted the motion to quash and in effect denied petitioners the right to take the depositions.
Unquestionably under Rule 1.310(b), RCP, 30 F.S.A., the trial court has the authority to regulate as well as to prevent the taking of depositions, but when this authority is...
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