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...
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