Buckley Development Co., Ltd. v. Tagrin

• Decision Date: 12 December 1972
• Docket Number: No. 72-319,72-319
• Citation: 270 So.2d 433
• Parties: BUCKLEY DEVELOPMENT CO., LTD., Appellant, v. Irving TAGRIN, Appellee.
• Court: Florida District Court of Appeals

Page 433

270 So.2d 433

BUCKLEY DEVELOPMENT CO., LTD., Appellant, v.Irving TAGRIN, Appellee.

No. 72-319.

District Court of Appeal of Florida, Third District.

Dec. 12, 1972.

Lopez, Hannon & Harris, Miami, for appellant.

Kahn & Clein, P. A., and Hugh L. Black, North Miami, for appellee.

Before BARKDULL, C. J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal wherein defendant-appellant, Buckley Development Co., Ltd., seeks review of the lower court's order finding it in contempt in an action for damages.The contempt order was issued by the lower court due to the alleged failure of defendant to produce certain books and records as part of plaintiff's, Irving Tagrin, discovery procedures.In defense of its actions defendant claimed that the books and records requested were not in its possession, custody or control and it was additionally claimed that those items sought were not sufficiently particularized or described.

RCP 1.350, 30 F.S.A., permits a court to order a party to produce any designated documents, papers, books, etc., which are in his possession, custody and control for the purpose of examination by his adversary as part of the discovery process.Pursuant to this rule a party not in possession or control of documents sought during discovery cannot be held in contempt for failure to produce such documents.In addition, if the description of the items sought is too broad and lacks the sufficient specificity necessary for one to know what is demanded, no...