Waite v. Wellington Boats, Inc., BA-480

Citation459 So.2d 425
Decision Date15 November 1984
Docket NumberNo. BA-480,BA-480
PartiesWilliam M. WAITE, Petitioner, v. WELLINGTON BOATS, INC., Respondent.
CourtCourt of Appeal of Florida (US)

William M. Waite, in pro. per.

C. Harris Dittmar and Timothy J. Corrigan, Jacksonville, for respondent.

NIMMONS, Judge.

William M. Waite seeks relief, via a petition for certiorari, from the trial court's protective order precluding Waite, an unrepresented defendant in the court below, from personally deposing by oral examination the plaintiff, Wellington Boats, Inc., and its principal corporate officers because of an extremely antagonistic relationship which has developed between Waite and such officers. We deny the petition.

Fla.R.Civ.Pr. 1.280 provides in relevant part:

"(c) Protective Orders. Upon motion by a party or by the person from who discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires, including one or more of the following * * * (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery ..."

Trial courts must be accorded broad discretion in the treatment of discovery problems through the employment of the protective provisions contemplated by Rule 1.280. See Charles Sales Corp. v. Rovenger, 88 So.2d 551 (Fla.1956); Abelson v. Bosem, 329 So.2d 330 (Fla. 3d DCA 1976). Moreover, petitioner has made no showing that he has been, or will be, unable to obtain needed discovery by other means available under the Florida Rules of Civil Procedure. Thus, petitioner has failed to demonstrate that the trial court abused its discretion in finding the requisite good cause to support the Rule 1.280(c) protective order. The petition must therefore be denied as the subject order does not depart from the essential requirements of the law.

Petition Denied.

SHIVERS and WENTWORTH, JJ., concur.

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8 cases
  • Rice-Lamar v. City of Fort Lauderdale
    • United States
    • Florida District Court of Appeals
    • 17 Septiembre 2003
    ...City's protective order and preventing Lamar from deposing the City's Mayor and Vice-Mayor. See generally Waite v. Wellington Boats, Inc., 459 So.2d 425, 426 (Fla. 1st DCA 1984)(a trial court's decision to grant, deny, or limit discovery is a matter of discretion which should be set aside o......
  • Rice-Lamar v. City of Fort Lauderdale
    • United States
    • Florida District Court of Appeals
    • 15 Mayo 2002
    ...City's protective order and preventing Lamar from deposing the City's Mayor and Vice-Mayor. See generally Waite v. Wellington Boats, Inc., 459 So. 2d 425, 426 (Fla. 1st DCA 1984)(a trial court's decision to grant, deny, or limit discovery is a matter of discretion which should be set aside ......
  • Beekie v. Morgan
    • United States
    • Florida District Court of Appeals
    • 4 Febrero 2000
    ...annoyance, embarrassment, oppression or undue burden or expense. Protective orders must be based on good cause. Waite v. Wellington Boats, Inc., 459 So.2d 425 (Fla. 1st DCA 1984). Under the facts of this case, all that was warranted was for the court to order the payment of expenses. See Fl......
  • Fla. Highway Patrol v. Bejarano
    • United States
    • Florida District Court of Appeals
    • 12 Mayo 2014
    ...of discovery problems through the employment of the protective provisions contemplated by Rule 1.280.” Waite v. Wellington Boats, Inc., 459 So.2d 425, 426 (Fla. 1st DCA 1984). See also Brown, 500 So.2d at 656 (“The regulation by the trial courts of depositions is largely a matter of the cou......
  • Request a trial to view additional results
1 books & journal articles
  • Deposing "apex" officials in Florida.
    • United States
    • Florida Bar Journal Vol. 72 No. 11, December 1998
    • 1 Diciembre 1998
    ...(E.D. Ark., June 7, 1996). [7] The only decision in Florida involving an apex deposition was Waite v. Wellington Boats, Inc., 459 So. 2d 425 (Fla. 1st D.C.A. 1984); however, Waite does not provide any guidance because the First District never addressed any of the facts in the case nor its r......

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