NIGEL WINFIELD, APPELLANT,
v.
BROMPTON AIR SERVICES, A DIVISION OF AFRICAN AMERICAN TRADE CORP., A MASSACHUSETTS CORP., BEVERLY BANKS, EXECUTOR OF THE ESTATE OF JENNINGS A. CRAWFORD, INDIVIDUALLY, AS PARTNERS AND AS JOINT VENTURERS, ET AL, APPELLEES

Fla. 4th DCA | 1984-01-11
No. 83-1676
LETTS and DELL, JJ., concur.
443 So. 2d 466 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 4 cases
Opinion of the Court
HERSEY, Judge.

HERSEY, Judge.

In aid of execution of a final judgment, various attempts were made to take the deposition of appellant, a party in the litigation out of which the judgment arose. Appellant appeared by counsel to protest discovery. Many attempts to take the deposition were to no avail. The latest attempt was subjected to a motion to strike which was denied. That denial is the subject of this appeal. We affirm.

A judgment debtor is subject to discovery procedures. Fla.R.Civ.P. 1.560. If represented by an attorney, service is obtained by delivering a copy of the notice of taking deposition to the party’s attorney. Fla.R.Civ.P. 1.080(b). Appellant flirts with contempt. No further impediments to discovery should be permitted.

AFFIRMED.

LETTS and DELL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lumpkins v. Amendola, 466 So. 2d 1214 (Fla. 4th DCA 1985)
    …e notice here was effective service. The proper procedure for notifying a party represented by an attorney is to serve “the attorney unless service upon the party is ordered by the court.” Fla.R.Civ.P. 1.080(b). In Winfield v. Brompton Air Services, 443 So. 2d 466 (Fla. 4th DCA 1984), this court said: A judgment debtor is subject to discovery procedures. Fla.R.Civ.P. 1.560. If represented by an attorney, service is obtained by deliverying a copy of the notice of taking deposition to the party’s attorney. Fla…
  • Barnett v. Zoecon Corp., 599 So. 2d 761 (Fla. 2d DCA 1992)
    …record reveals no defects in the steps taken by Zoecon to domesticate the foreign judgment. Accordingly, Barnett is a "party” and therefore susceptible to service by mail. See Fla.R.Civ.P. 1.080(b), 1.560. And see Winfield v. Brompton Air Services, 443 So. 2d 466 (Fla. 4th DCA 1984). . His attorney, who practices in Jacksonville, did appear for the deposition, which of course could not proceed without Barnett. . We cannot tell from the record before us when, or whether, Barnett's motion was scheduled for h…

Full citator, related cases, and AI research tools

Open in FLexlaw