EVERETT E. HENKEL, PETITIONER,
v.
DAVID R. JASIN AND MARY ANN JASIN, HIS WIFE, RESPONDENTS
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The court held that a general attack on the relevance of financial records for punitive damages is insufficient to warrant a protective order without specific objections and a showing of good cause.
A defendant in a civil action sought a writ of certiorari to quash a discovery order compelling production of financial records. The complaint include…
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SCHEB, Acting Chief Judge.
Petitioner, Everett E. Henkel, is a defendant in the trial court in a civil action seeking compensatory and punitive damages. He now seeks a writ of common law certiorari to quash a discovery order requiring him to produce extensive records concerning his financial worth.
Petitioner raises several points. The only one that merits discussion is his contention that the circuit court departed from the essential requirements of the law in denying his motion for a protective order in which he made a general attack on the relevance of the financial records he was ordered to produce. Petitioner admits that the complaint contains a prayer for punitive damages, making the question of his net worth relevant. Rinaldi v. Aaron, 314 So. 2d 762 (Fla.1975). Petitioner urges that punitive damages are improper in this ease, yet he fails to demonstrate whether a motion to dismiss had been filed or ruled on below. In this posture of the case, we are unable to say that the trial judge departed from the essential requirements of law in permitting the challenged discovery.
We note that several items requested by respondent appear overbroad even given the pendency of the count seeking punitive damages. Petitioner’s motion for protective order, however, did not object as to specific items and failed to show that good cause was present to limit or prohibit the discovery due to “annoyance, embarrassment, oppression, or undue burden or expense” as required by Florida Rule of Civil Procedure 1.280(c).
We deny certiorari without prejudice to petitioner promptly filing an amended motion for protective order in the trial court specifying precisely the items objected to with a showing of good, cause as contemplated by Rule 1.280(c).
Certiorari denied.
CAMPBELL and SCHOONOVER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wient B. Jenkins & Cairn Holding Co. v. Milliken, 498 So. 2d 495 (Fla. 2d DCA 1986)…andywine is correct that it cannot be held liable for punitive damages, an appeal from the final judgment would come too late because Brandywine would have already disclosed the requested data. On the merits, the Millikens point to Henkel v. Jasin, 425 So. 2d 1219 (Fla. 2d DCA 1983), in which we declined to overturn an order requiring the disclosure of financial records because the complaint for punitive damages had not been shown wanting. Here, the Millikens’ allegations of negligent hiring and retention of…
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Pinch-A-Penny, Inc. v. Pinch-A-Penny Store NO. 8, Ltd., 427 So. 2d 1142 (Fla. 2d DCA 1983)…various items allegedly relevant to petitioner’s financial status. Because there is a counterclaim pending against petitioner seeking punitive damages, the issue of net worth is relevant. Therefore, we find this ease controlled by Henkel v. Jasin, 425 So. 2d 1219 (Fla. 2d DCA, 1983). As in Henkel, we note that petitioner’s motion for protective order did not object to specific items and failed to show that good cause was present to limit the discovery due to “annoyance, embarrassment, oppression, or undue bu…
Authorities Cited
- Rinaldi v. Aaron, 314 So. 2d 762 (Fla. 1975)