Malt v. Simmons, s. 81-1187
| Decision Date | 21 October 1981 |
| Docket Number | Nos. 81-1187,81-1192,s. 81-1187 |
| Citation | 405 So.2d 1018 |
| Parties | Robert C. MALT, individually, Vera Heflin, individually, Robert C. Malt and Company, a Florida corporation, and Reliance Insurance Company, Petitioners, v. Vicki SIMMONS, individually, and Rene Simmons, by and through her mother andbest friend, Vicki Simmons, Respondents. Robert C. MALT, individually and Vera Heflin, Petitioners, v. Vicki SIMMONS, et al., Respondents. |
| Court | Florida District Court of Appeals |
James Joseph Weinert of Paxton, Crow, Taplin & Bragg, P.A., West Palm Beach, for petitioners.
Thomas E. Kingcade of Levy, Shapiro, Kneen & Kingcade, P.A., Palm Beach, for respondents.
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 plaintiff/respondents to defendants/petitioners. Certiorari is an appropriate vehicle for testing the correctness of an order governing discovery procedures. Everglades Protective Syndicate v. Makinney, 391 So.2d 262 (Fla. 4th DCA 1980). 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 v. Makinney, supra.
If the interrogatories at issue are relevant to the subject matter involved in the litigation, or if the information sought "appears reasonably calculated to lead to the discovery of admissible evidence," Rule 1.280(b)(1), Florida Rules of Civil Procedure, then the questions are appropriate and the order is obviously not a departure from the essential requirements of law. On the other hand, if the interrogatories do not meet this test, not only would the order be a departure from the essential requirements of law, but there would be no adequate remedy on appeal since the information would necessarily have been revealed by the time the case is appealed.
In the instant lawsuit, respondents filed a complaint against petitioners for violation of state and federal collection laws and intentional infliction of emotional distress in seeking to collect unpaid rent for a townhouse managed by petitioners.
We fail to see how the interrogatories are relevant to the subject matter of the litigation or are reasonably calculated to lead to the discovery of admissible evidence. We have further determined that the information sought is of a confidential nature...
To continue reading
Request your trial
-
Hartford Acc. & Indem. Co. v. U.S.C.P. Co.
...Gadsden County Times, Inc. v. Horne, 426 So.2d 1234, 1236 (Fla. 1st DCA), review denied, 441 So.2d 631 (Fla.1983); Malt v. Simmons, 405 So.2d 1018, 1018-19 (Fla. 4th DCA 1981). While certiorari may be used to obtain review of discovery orders, with the exception of the decision in Allstate ......
-
Gadsden County Times, Inc. v. Horne
...certiorari is the "appropriate vehicle for testing the correctness of an order governing discovery procedures." Malt v. Simmons, 405 So.2d 1018, 1018-1019 (Fla. 4th DCA 1981). Accord, Manatee County v. Estech General Chemicals Corp., 402 So.2d 75 (Fla. 2d DCA 1981); Affiliated of Florida, I......
-
South Florida Blood Service, Inc. v. Rasmussen
...Fla.R.Civ.P. 1.280(b)(1). See also East Colonial Refuse Service, Inc. v. Velocci, 416 So.2d 1276 (Fla. 5th DCA 1982); Malt v. Simmons, 405 So.2d 1018 (Fla. 4th DCA 1981). Second, the discovery of relevant, non-privileged information may be limited or prohibited in order to prevent annoyance......
-
Caribbean Sec. Systems, Inc. v. Security Control Systems, Inc., 85-2607
...450 So.2d 341 (Fla. 5th DCA 1984); East Colonial Refuse Service, Inc. v. Velocci, 416 So.2d 1276 (Fla. 5th DCA 1982); Malt v. Simmons, 405 So.2d 1018 (Fla. 4th DCA 1981). The action below commenced with a complaint for damages for anticipatory breach of a contract by Caribbean Security, and......