Orange Lake Country Club, Inc. v. Levin
| Decision Date | 18 March 1994 |
| Docket Number | No. 93-2840,93-2840 |
| Citation | 633 So.2d 1148 |
| Parties | 19 Fla. L. Weekly D612 ORANGE LAKE COUNTRY CLUB, INC., Petitioner, v. Charles M. LEVIN, Respondent. |
| Court | Florida District Court of Appeals |
Richard F. Wall, Jeffrey S. Dawson, and Robert G. Clements of Hartley & Wall, Orlando, for petitioner.
Betsy L. Benedict of Stanford R. Solomon, P.A., Tampa, for respondent.
Orange Lake Country Club (OLC) petitions for a writ of certiorari seeking review of an order compelling discovery. We grant the petition.
Charles M. Levin sought damages and injunctive relief against OLC for an alleged breach of contract relating to his employment in OLC's timeshare sales and marketing department. He also alleged defamation and sought a declaratory judgment as to the validity of a non-compete clause contained in the employment contract.
He later requested production of documents supporting the 1992 annual financial report of revenues and expenses for Orange Lake Country Club Villas Condominium Association, Inc., apparently an owner's association managed by OLC. Specifically, production was sought of all documents evidencing costs listed in the financial report as "Master Restriction Fee" and as "Club Membership Fee." Also pending at the time of request for production was OLC's counterclaim alleging tortious interference with business relationships and requesting damages and injunctive and declaratory relief based upon the non-compete clauses.
OLC objected to the request for production as overbroad, irrelevant and not designed to lead to the discovery of admissible evidence. It argued in support of its objection that the requested documents related solely to common areas and recreational facilities used by condominium association members to which Levin has never had a connection.
Levin stated in a deposition taken prior to a hearing on OLC's objection to production that he was fired because his performance intimidated his supervisor and because he was "honest, committed, loyal, outspoken, aggressive, creative, young, capable, wealthy, Jewish, ambitious, effective." Levin made no mention that the financial statements were in any way related to his termination. Yet Levin's counsel argued at the hearing that when his client had confronted the president of OLC and claimed that the fees charged to timeshare owners for maintenance and membership were arbitrary and unnecessary, the president became angry and almost immediately thereafter, Levin's employment was terminated without notice or justification. When asked how this related to the lawsuit, Levin's counsel said, "We want to know what's going on" and "We might file a class action suit."
We agree with OLC that nothing in the record supports any relationship...
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