Dow Corning Corp. v. Garner, s. 82-1835

Decision Date29 December 1982
Docket Number82-2170,Nos. 82-1835,s. 82-1835
Citation423 So.2d 1034
PartiesDOW CORNING CORPORATION, Petitioner, v. Allibert GARNER and George M. Garner, her husband, and Kenneth L. Winslow, Respondents.
CourtFlorida District Court of Appeals

Marc Cooper of Greene & Cooper, P.A., Miami, and David F. McIntosh of Corlett, Killian, Hardeman, McIntosh & Levi, Miami, for petitioners.

Jack H. Vital, III, of Simons & Schlesinger, Fort Lauderdale, and Joel S. Perwin of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for respondents.

PER CURIAM.

Petitioner, Dow Corning Corporation, by consolidated petitions for writ of certiorari, seeks review of two orders requiring production of documents.

We find the orders compelling discovery contain sufficient safeguards to protect petitioner from disclosure of work product, trade secrets, and other privileged information. However, in light of the broad scope of discovery sought by respondents, Allibert and George Garner, the trial court's failure to condition discovery on the payment of petitioner's reasonable expenses of making discovery constitutes a departure from the essential requirements of law with no adequate remedy by appeal. Schering Corporation v. Thornton, 280 So.2d 493 (Fla. 4th DCA 1973).

Accordingly, we grant certiorari and direct the trial court to enter such further orders as may be necessary to conform to the requirements of Florida Rule of Civil Procedure 1.280(c).

CERTIORARI GRANTED.

HERSEY, DELL and WALDEN, JJ., concur.

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4 cases
  • Spm Resorts Inc. v. Diamond Resorts Mgmt. Inc.
    • United States
    • Florida District Court of Appeals
    • July 8, 2011
    ...161 Colo. 354, 422 P.2d 373 (1967); Korneffel v. S. Broward Hosp. Dist., 431 So.2d 742 (Fla. 4th DCA 1983); Dow Corning Corp. v. Garner, 423 So.2d 1034 (Fla. 4th DCA 1982); Schering Corp. v. Thornton, 280 So.2d 493 (Fla. 4th DCA 1973). Therefore, we grant the petition for certiorari. The Pe......
  • Rinker Materials Corp. v. Navistar Intern. Transp. Corp.
    • United States
    • Florida District Court of Appeals
    • May 3, 1995
    ...that expensive or burdensome production be conditioned upon advance payment of the expense to be incurred. E.g., Dow Corning Corp. v. Garner, 423 So.2d 1034 (Fla. 4th DCA 1982); Korneffel v. South Broward Hosp. District, 431 So.2d 742 (Fla. 4th DCA 1983). See also, Schering Corp. v. Thornto......
  • Dow Corning Corp. v. Garner, 83-489
    • United States
    • Florida District Court of Appeals
    • January 11, 1984
    ...to protect petitioner from disclosure of work product, trade secrets and other privileged information." Dow Corning Corp. v. Garner, 423 So.2d 1034, 1035 (Fla. 4th DCA 1982). On February 8, 1983, the trial court changed the 1982 orders by substituting what we previously approved with what i......
  • Dow Corning Corp. v. Garner, 83-489
    • United States
    • Florida District Court of Appeals
    • August 10, 1983
    ...Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for respondents. PER CURIAM. Our opinion in Dow Corning Corporation v. Garner, 423 So.2d 1034, 1035 (Fla. 4th DCA 1982), an earlier appearance before us of the instant case contained the We find the orders compelling discovery co......

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