DRS. WEILAND, KEISER, JONES, SHUFFLEBARGER, COOPER, P. A. D/B/A CORAL GABLES ORTHOPEDIC ASSOCIATES, PETITIONERS,
v.
ROBERT L. TINDALL, M.D., RESPONDENT
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The court held that discovery regarding an accounting must be deferred until the preliminary issue of the right to an accounting is settled.
Petitioners sought a protective order to prevent the production of documents subpoenaed by respondent, arguing it was premature before determining res…
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PER CURIAM.
Petitioners seek review of an order denying their motion for protective order with respect to the production of certain items subpoenaed by the respondent.
This proceeding arose out of a dispute between the parties regarding compensation and stock purchase matters. There is a suit pending in which petitioners are suing respondent and respondent has answered and also filed a counterclaim against the petitioners seeking an accounting from the petitioners.
In order to obtain discoverable evidence to establish his counterclaim, respondent sought production of certain books and records belonging to the petitioners. Respondent served a request to produce on the petitioners and subpoenas duces tecum were served on various employees of the petitioners.
The petitioners and its employees moved for a protective order with respect to certain of the items on the grounds, inter alia, that it was premature for the trial court to order the production of the documents requested before a preliminary determination was made as to respondent’s right to an accounting. The trial court disagreed and denied the petitioners’ motion for protective order. Petitioners contend that the trial court departed from the essential requirements of law and that they will not have full and adequate remedy by appeal after final judgment. We agree.
It is well established that discovery as to an accounting must be deferred until the preliminary issue of the right to accounting is settled. International Business Machines Corp. v. Elder, 187 So. 2d 82 (Fla. 3d DCA 1966) and Crawford Co. Financial Services v. Goch, 292 So. 2d 54 (Fla. 3d DCA 1974).
For the reasons stated the petition for certiorari is granted and the order under review is quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…as to matters relating solely to the accounting itself is a departure from the essential requirements of law, and the recognized remedy is a writ of certiorari quashing the order. Drs. Weiland, Reiser, Jones, Shufflebarger, Cooper, P.A. v. Tindall, 372 So. 2d 505 (Fla. 3d DCA 1979); National Shirt Shops, Inc. v. His & Hers, Inc., 451 So. 2d 892 (Fla. 5th DCA 1984); Harris v. Zeesman, 445 So. 2d 680 (Fla. 4th DCA 1984). Here the trial court made no explicit finding that respondent is entitled to an accountin…
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Arthur Fennieston, Inc. v. Pratt, 673 So. 2d 560 (Fla. 3d DCA 1996)…adequate remedy on plenary review. “It is well established that discovery as to an accounting must be deferred until the preliminary issue of the right to an accounting is settled.” Drs. Weiland, Keiser, Jones, Shufflebarger, Cooper, P.A v. Tindall, 372 So. 2d 505, 506 (Fla. 3d DCA 1979); see also G.H. Crawford Co. Fin. Servs. v. Goch, 292 So. 2d 54, 55 (Fla. 3d DCA 1974). As to petitioners’ second contention that the requested documents were subject to the trade secret privilege, we further find that the tr…
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Kathie Z. Schlesinger v. Pamula A. Schlesinger, 186 So. 3d 618 (Fla. 3d DCA 2016)…A 1996) (confirming that it “is well established that discovery* as to an accounting must be deferred until the preliminary issue of the right to an accounting is settled” (quoting Drs. Wetland, Reiser, Jones, Shufflebarger, Cooper, P.A. v. Tindall, 372 So. 2d 505, 506 (Fla. 3d DCA 1979))); Aly Handbags, Inc. v. Rosenfeld, 305 So. 2d 56, 57 (Fla. 3d DCA 1974) (“It is a fundamental principle in a suit for an accounting that when issues are raised as to the necessity and scope of an accounting, the court must f…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- G. H. Crawford Co. Fin. Servs. v. Goch, 292 So. 2d 54 (Fla. 3d DCA 1974)
- Int'l Bus. Machs. Corp. v. Jewell Elder and David S. Elder, 187 So. 2d 82 (Fla. 3d DCA 1966)