MILDRED A. SHORT AND HARRY L. SHORT, PETITIONERS,
v.
FLEETWOOD MOTOR HOMES OF PENNSYLVANIA, INC., B & L INDUSTRIES, INC., AND HOLIDAY OF ORLANDO, INC., RESPONDENTS
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Court denied petition for writ of certiorari challenging discovery order for personal income tax returns and financial records in personal injury case, finding no relevance to damages claims for medical expenses and pain and suffering, but bound by intervening Supreme Court precedent in Martin-Johnson, Inc. v. Savage.
Personal income tax returns and financial records are not properly discoverable in personal injury cases where damages are limited to medical expenses, pain and suffering, and spousal consortium claims unrelated to the claimant's income.
[1] Personal income tax returns and financial records are not discoverable in personal injury actions where damages are limited to medical expenses, pain and suffering, and s…
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Join FLexlaw to unlock all legal intelligence“Poor and rich alike are due to be compensated in like amount for negligent injury.”
Court explaining why income and financial records are irrelevant to personal injury damages
Petitioners Mildred and Harry Short sought review of a discovery order compelling production of their personal income tax returns and financial record…
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DAUKSCH, Judge.
This petition for writ of certiorari seeks review of an order compelling production of income tax returns and financial records. Because petitioners are not seeking damages relating to their loss of income or earnings we can discern no proper reason for requiring the production of their personal financial records. The issues for decision below are whether the defendant is liable for the injury and if so, how much it must pay for medical expenses, pain, suffering, mental anguish, inconvenience and disability. An additional spousal claim for loss of services, companionship and consortium is also claimed. None of these is related to the income of the claimants. Poor and rich alike are due to be compen sated in like amount for negligent injury. Should respondent need to see financial records regarding past medical expenditures to determine questions regarding preexisting injuries or conditions, then a specific demand can be made in this regard.
We perceive error, then, and would grant the writ, and were prepared to do so, but as preparations to do so had been begun the supreme court issued its opinion in Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987). This ruling of our supreme court takes from petitioners their right to seek review of the order. We are bound to deny the writ.
Writ denied.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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B.J. Pearce v. Doral Mobile Home Villas, Inc., 521 So. 2d 282 (Fla. 2d DCA 1988)…ontemplated by the standard of review for certio-rari.” Id. The handful of published decisions which have relied upon Martin-Johnson appear to have construed the abovequoted language broadly. In Short v. Fleetwood Motor Homes of Pennsylvania, Inc., 511 So. 2d 747 (Fla. 5th DCA 1987), the court held that Martin-Johnson precluded certiorari review of an order compelling discovery of certain financial information despite their agreement that the requested discovery was irrelevant to any issue presented by the c…
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…iorari review of discovery orders was not directly before the Supreme Court, at least one of our sister courts has applied Martin-Johnson to a petition for certiorari review of a discovery order. Short v. Fleetwood Motor Homes of Pennsylvania, Inc., 511 So. 2d 747 (Fla. 5th DCA 1987).3 We are not, however, persuaded that Martin-Johnson precludes certiorari review in the instant case. A suit for accounting is a special type, bifurcated proceeding. As then-Judge Grimes observed in a general discussion of relev…
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Bell v. Geist, 531 So. 2d 406 (Fla. 5th DCA 1988)…rder appealed from would have been reviewable by certiorari. See Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987); Humana of Florida, Inc. v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1988); Short v. Fleetwood Motor Homes of Pennsylvania, Inc., 511 So. 2d 747 (Fla. 5th DCA 1987). . A motion for rehearing addressed to the adverse order granting discovery was filed by defendants below.…
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- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)