Greyhound Lines, Inc. v. Jackson, 83-2692

Decision Date29 February 1984
Docket NumberNo. 83-2692,83-2692
Citation445 So.2d 1107
PartiesGREYHOUND LINES, INC., a foreign corporation, Petitioner, v. May JACKSON, as Personal Representative of the Estate of Caprida Jackson, deceased; and as Personal Representative of the Estate of Tarrah Jackson, deceased, Respondents.
CourtFlorida District Court of Appeals

G. William Bissett of Preddy, Kutner & Hardy, P.A., Miami, and Thomas Howard, West Palm Beach, for petitioner.

Jeffrey Leibovit and Richard W. Slawson of Slawson & Berman, North Palm Beach, for respondents.

PER CURIAM.

By petition for writ of certiorari, we are asked to review an order of the trial court denying a motion for a protective order as to certain interrogatories propounded by the plaintiff to the defendant. Certiorari is the appropriate vehicle for testing the correctness of an order governing discovery procedures. Malt v. Simmons, 405 So.2d 1018 (Fla. 4th DCA 1981). However, certiorari will be granted only where the order of the trial court is a departure from the essential requirements of law and there would be no adequate remedy by appeal. Everglades Protective Syndicate, Inc. v. Makinney, 391 So.2d 262 (Fla. 4th DCA 1980).

In the instant case, the plaintiff filed a complaint against the petitioner for the negligent operation of its bus by one of its employees which resulted in a collision. The requested production demands information concerning traffic violations committed by each and every one of all the defendant's bus drivers operating in Florida for a three year period. The expenditure of time and money required for this endeavor is burdensome and oppressive and we believe the respondents have failed to show...

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5 cases
  • Hartford Acc. & Indem. Co. v. U.S.C.P. Co.
    • United States
    • Florida District Court of Appeals
    • September 9, 1987
    ...writ of certiorari is the appropriate vehicle for testing the correctness of an order governing discovery. Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107, 1108 (Fla. 4th DCA 1984); Gadsden County Times, Inc. v. Horne, 426 So.2d 1234, 1236 (Fla. 1st DCA), review denied, 441 So.2d 631 (Fla.......
  • Procter & Gamble Co. v. Swilley
    • United States
    • Florida District Court of Appeals
    • January 15, 1985
    ...a classic example of the type of interlocutory order that may be reviewed by writ of certiorari. See, e.g., Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107 (Fla. 4th DCA 1984); City of Williston v. Roadlander, 425 So.2d 1175 (Fla. 1st DCA 1983); Marine Investment Co. v. Van Voorhis, 162 So......
  • Martin-Johnson, Inc. v. Savage
    • United States
    • Florida Supreme Court
    • July 9, 1987
    ...been reviewed by certiorari. See e.g., Procter & Gamble Co. v. Swilley, 462 So.2d 1188 (Fla. 1st DCA 1985); Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107 (Fla. 4th DCA 1984); Boucher v. Pure Oil Co., 101 So.2d 408 (Fla. 1st DCA 1957). The rationale of these cases is that appeal after fin......
  • State Farm Florida Ins. Co. v. Seville Place Condo. Ass'n, Inc.
    • United States
    • Florida District Court of Appeals
    • July 20, 2011
    ...of Trs., 45 So.3d 941 (Fla. 3d DCA 2010); Procter & Gamble Co. v. Swilley, 462 So.2d 1188 (Fla. 1st DCA 1985); Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107 (Fla. 4th DCA 1984); Boucher v. Pure Oil Co., 101 So.2d 408 (Fla. 1st DCA ...
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