EVERETT L. REDGATE, PETITIONER,
v.
NATIONAL SOCIETY FOR THE PREVENTION OF BLINDNESS, INC., EYE BANK FOR THE RESTORATION OF SIGHT, INC., THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, INC., AND READER'S DIGEST FUND FOR THE BLIND, INC., RESPONDENTS

Fla. 4th DCA | 1980-10-29
No. 80-1444
ANSTEAD, BERANEK and HURLEY, JJ., concur.
389 So. 2d 1074 Florida District Court of Appeal, Fourth District (1980) Negative Treatment
Cited by 35 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter has been considered on petition for writ of common law certiorari wherein defendant seeks to review an order denying discovery attempts by defendant. In question are certain interrogatories and requests for production regarding the securities transactions with which plaintiffs were involved over a period of several years. The trial court denied defendant’s attempt at discovery in these areas. This case was previously before this Court in National Society for the Prevention of Blindness, Inc. v. Parson, 374 So. 2d 531 (Fla.4th DCA 1979).

We conclude that there has been no demonstration of a departure from the essential requirements of law. Further, if error was committed in the limitation upon discovery which results in eventual prejudice in the trial of this cause, then the matter may be remedied by appeal after judgment. We conclude that there has been no demonstration sufficient to warrant this Court’s taking jurisdiction by certiorari and, thus, deny the petition.

CERTIORARI DENIED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.


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  • Closet Maid & Crawford & Co. v. Sykes, 763 So. 2d 377 (Fla. 1st DCA 2000)
    …DCA 1988); Holmes v. Homosassa Springs, Inc., 466 So. 2d 1236, 1237 (Fla. 1st DCA 1985); Turner v. Harmon, 438 So. 2d 1030, 1031 (Fla. 1st DCA 1983); Scotty’s, Inc. v. Jones, 393 So. 2d 657, 658-59 (Fla. 1st DCA 1981); Decks, Inc. of Fla. v. Wright, 389 So. 2d 1074, 1076 (Fla. 1st DCA 1980); see also, Orange County Bd. of County Comm’rs v. Brenemen, 233 So. 2d 377, 379 (Fla.1970). Lay testimony was not enough to show so much as a causal connection, unless a cause was readily observable.10 See Arand, 592 So. a…
  • …dards as opposed to indispensable medical expertise. Cf., Orange County Board of County Commissioners v. Brenemen, 233 So. 2d 377 (Fla.1970). See also Scotty’s, Inc. v. Jones, 393 So. 2d 657 (Fla. 1st DCA 1981), and Deck’s Inc. of Florida v. Wright, 389 So. 2d 1074 (Fla. 1st DCA 1980), at 1076: “reasonable medical probability may be established by medical or lay testimony ... as to conditions and symptoms which are within the actual knowledge and sensory experience of the claimant.” (e.s.) . With respect to a…
  • Sanlando Util. Corp. & U. S. Fid. & Guar. Co. v. Morris, 418 So. 2d 389 (Fla. 1st DCA 1982)
    …ative value in establishing matters such as the existence and location of pain, as well as the sequence of events leading to the compensable condition and the inability of a claimant to perform certain work. Accord, Decks, Inc. of Florida v. Wright, 389 So. 2d 1074 (Fla. 1st DCA 1980). Further, deputy commissioners generally become expert in analyzing medical facts and lay testimony as to a compensable condition. Accord Magic City Bottle, supra, at 243. These considerations are particularly relevant to ascerta…

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