THOMAS HARRIS, DEBRA HARRIS, HARRIS BUILDERS, INC. AND HARRIS BUILDERS OF PALM BEACH, INC., PETITIONERS,
v.
BERTHA ZEESMAN, AS CONSERVATOR OF THE ESTATE OF ISADORE ZEESMAN, ABSENTEE, RESPONDENT
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PER CURIAM.
Petitioners, defendants in the trial court, seek a writ of certiorari to test the blanket denial of their motion to stay discovery. They contend that the trial court’s ruling constitutes a departure from the essential requirements of law because it contravenes the basic principle “that discovery as to the accounting must be deferred until the preliminary issue of the right to the accounting is settled.” Charles Sales Corp. v. Rovenger, 88 So. 2d 551, 555 (Fla.1956). Without recounting each of the categories of items sought to be produced, suffice it to say that the trial court’s order fails to implement the foregoing principle. Consequently, on the authority of David v. Tansill, 297 So. 2d 84 (Fla. 4th DCA 1974) and Armstrong v. Piatt, 201 So. 2d 830 (Fla. 4th DCA 1967), we grant the writ of certiorari, quash the order on appeal and direct the trial court to reconsider defendants’ motion in accord with the case authority cited herein.
ANSTEAD, C.J., and LETTS and HURLEY, JJ., concur.
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Citator
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Thalgott v. Thalgott, 571 So. 2d 1368 (Fla. 1st DCA 1990)…rial courts erred in dismissing a non-jury action before the completion of the plaintiff’s evidence. See, e.g., Dodge v. Weiss, 191 So. 2d 71 (Fla. 1st DCA 1966); SGS Enters., Inc. v. Cates, 547 So. 2d 226 (Fla. 4th DCA 1989); In re Estate of McCoy, 445 So. 2d 680 (Fla. 2d DCA 1984); [*1371] Underground Supply Co. v. Mason, 365 So. 2d 447 (Fla. 4th DCA 1978). In the case at bar, not only had appellee not completed her evidence in support of her petition for increased child support, she had not presented any…
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Albrecht v. The Bd. OF Trs. OF the Internal Improvement Tr. Fund of the State of Fla. & the Internal Improvement Tr. Fund of the State of Fla., 481 So. 2d 555 (Fla. 2d DCA 1986)…h prejudice as to appellees. On appeal, appellees concede that it may have been proeedurally improper for the court to have granted the involuntary dismissal before the appellants had completed the presentation of their case. In Re Estate of McCoy, 445 So. 2d 680 (Fla.2d DCA 1984). Yet, appellees contend that any error was harmless because the trial judge [*556] could have entered summary judgment at that time. Moreover, appellees point to the appellants’ failure to have proffered any amendment to their com…
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…s 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 accounting. But respondent’s complaint alleged, and petitioner’s answer admitted, that the partnership agreement called for “Pavillion to render ju…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla. 1956)
- David v. Tansill, 297 So. 2d 84 (Fla. 4th DCA 1974)
- Armstrong v. Piatt, 201 So. 2d 830 (Fla. 4th DCA 1967)