CITIBANK, N.A., NATIONAL BANK OF DETROIT, PEOPLE'S TRUST COMPANY, BROAD STREET NATIONAL BANK OF TRENTON AND EQUIBANK, PETITIONERS,
v.
WALLACE R. PLAPINGER, RESPONDENT
PER CURIAM.
We grant the petition for writ of certiorari and, as requested, quash that portion of the trial court’s order of October 22, 1984, which denied the petitioners’ motion to compel the production of the respondent’s federal income tax returns and financial records of various general partnerships in which the respondent is a general partner. Clearly, the respondent’s financial resources are relevant to the litigation below, namely, proceedings in aid of execution of a judgment entered against the respondent. Just as clearly, the documents sought are reasonably likely to disclose such assets. See Tennant v. Charlton, 377 So. 2d 1169 (Fla.1979); Medel v. Republic National Bank of Miami, 388 So. 2d 327 (Fla. 3d DCA 1980); Donahue v. Hebert, 355 So. 2d 1264 (Fla. 4th DCA 1978). Thus, there being no claim that the respondent needed protection from harassment or an overly burdensome inquiry, or the like, the documents were discoverable. The trial court’s view that these documents were not discoverable because “privileged” finds absolutely no support in the law.
Certiorari granted.
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Kenneth Friedman, M.D. v. Heart Inst. OF Port ST. Lucie, Inc., 863 So. 2d 189 (Fla. 2003)…i-Alai, Inc., 673 So. 2d 523, 524 (Fla. 4th DCA 1996) (“[T]he financial information at issue was relevant to the calculation of damages under the breach of contract [*195] count. Discovery of these matters was proper.”); Citibank, N.A. v. Plapinger, 461 So. 2d 1027, 1027 (Fla. 3d DCA 1985); Ashcraft v. Harvey, 315 So. 2d 530, 531 (Fla. 4th DCA 1975). As we stated in Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987), “Litigation of a non-issue will always be inconvenient and entail considerable expens…
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Citibank, N.A. v. Plapinger, 469 So. 2d 144 (Fla. 3d DCA 1985)…case and quashed the trial court’s order which denied the petitioners’ motion to compel the production of the respondent’s federal income tax returns and financial records of various general partnerships in which the respondent is a general partner. 461 So. 2d 1027. On January 25, 1985, our mandate issued to the trial court. The petitioners are now before us seeking enforcement of our mandate, alleging that the trial court has unduly delayed its enforcement by giving the respondent ninety days to produce the d…
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- Tennant v. Charlton, 377 So. 2d 1169 (Fla. 1979)
- Richard v. Donahue, 355 So. 2d 1264 (Fla. 4th DCA 1978)
- Medel v. Republic Nat'l Bank OF Miami, 388 So. 2d 327 (Fla. 3d DCA 1980)