FRANK MEDINA TRADING COMPANY, D/B/A F.M.T. EXPORT, PETITIONER,
v.
JOE BLANCO, RESPONDENT
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PER CURIAM.
Petitioner seeks a writ of certiorari to review the trial court’s order compelling discovery of corporate and personal income tax returns. We grant certiorari and quash the portion of the order requiring petitioner to produce the personal tax returns of its president; personal tax returns of corporate officers are not relevant in an action by a corporation to recover profits allegedly misdirected by an employee. See generally Becker Metals Corp. v. West Florida Scrap Metals, 407 So. 2d 380, 381 (Fla. 1st DCA 1981) (“information sought to be discovered must relate to the issues involved in the litigation.”); Fla.R. Civ.P. 1.280(b)(1).
Finding, however, that the corporate tax returns are relevant to this action, we deny relief from that portion of the trial court’s order. See Graphic Assoc., Inc. v. Riviana Restaurant Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984); New Amsterdam Casualty Co. v. Utility Battery Mfg. Co., 122 Fla. 718, 166 So. 856 (1935); see also Membery v. Hammac, 357 So. 2d 483 (Fla. 3d DCA 1978) (payroll tax returns discoverable in mechanic’s lien action where amount of labor involved is at issue); Gollsneider v. Stein, 214 So. 2d 628 (Fla. 2d DCA 1968) (personal income tax return discoverable where lost wages at issue).
Certiorari granted; order quashed in part.
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OLD Holdings, Ltd. v. Taplin, Howard, Shaw & Miller, P.A., 584 So. 2d 1128 (Fla. 4th DCA 1991)…court departed from the essential requirements of law in compelling production of the California income tax returns. Tax returns are discoverable in Florida, see Bystrom v. Whitman, 488 So. 2d 520 (Fla.1986), and Frank Medina Trading Co. v. Blanco, 553 So. 2d 285 (Fla. 3d DCA 1989), and since pretrial discovery is a matter resting largely within the discretion of the trial court, we believe the existence of a privilege under California law is simply a factor the trial court should consider. See Strauss v. Si…
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Am. Educ. Enters., LLC v. Bd. OF Trs. OF the Internal Improvement Tr. Fund, 45 So. 3d 941 (Fla. 3d DCA 2010)…and the real or actual value of the property at the time of sale—rather than general economic or special damages. Documents concerning American’s financial worth and performance are not relevant to this issue. Cf. Frank Medina Trading Co. v. Blanco, 553 So. 2d 285, 286 (Fla. 3d DCA 1989) (holding that corporate tax returns are discoverable in an action to recover profits misdirected by an employee). Finally, the Board’s defense of American’s reformation claim does not support discovery of the-corporate finan…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- New Amsterdam Cas. Co. & C. E. Yocam v. Util. Battery Mfg. Co., 122 Fla. 718 (Fla. 1935)
- Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984)
- Becker Metals Corp. v. West Florida Scrap Metals, 407 So. 2d 380 (Fla. 1st DCA 1981)
- Membery v. Hammac, 357 So. 2d 483 (Fla. 3d DCA 1978)
- Gollsneider v. Stein, 214 So. 2d 628 (Fla. 2d DCA 1968)