SIDNEY KOHL, PETITIONER,
v.
MICHAEL STUTZKE, D.G.C. LIQUIDATION COMPANY, A NEW JERSEY CORPORATION, FORMERLY KNOWN AS DEERFIELD GROVES PARTNERSHIP; GRAVES BROTHERS COMPANY, A FLORIDA CORPORATION; AND INDIAN RIVER CITRUS SALES, INC., A FLORIDA CORPORATION, RESPONDENTS
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Court denied certiorari petition challenging trial court's order requiring disclosure of petitioner's personal financial information, holding that such disclosure is properly conditioned on plaintiff establishing a prima facie case for punitive damages and that any harm is reviewable on direct appeal.
A trial court does not abuse its discretion in ordering disclosure of a defendant's personal financial information conditioned upon the plaintiff first establishing a prima facie case for punitive damages.
[1] A trial court may condition disclosure of a defendant's personal financial information on the plaintiff's establishment of a prima facie case for punitive damages.
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Join FLexlaw to unlock all legal intelligencePetitioner Kohl was sued as a general partner of Deerfield Groves Partnership for tortious interference, seeking compensatory and punitive damages. Th…
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POLEN, Judge.
This cause is before us on a petition for writ of certiorari directed to the trial court’s order, requiring petitioner to produce at trial information as to his finances and net worth. Petitioner was sued as a general partner of Deerfield Groves Partnership, for tortious interference, seeking compensatory and punitive damages. The order from which this petition ensued required petitioner to produce at trial records of his personal finances and net worth. These documents would be subject to production and presentation to the jury only if plaintiff in the trial court first made out a prima facie case for punitive damages.
Petitioner has not demonstrated the trial court departed from the essential requirements of law, nor has he shown any harm which would not be addressable on a plenary appeal. Indeed, if the plaintiff at trial is unable to make out a prima facie case for punitive damages against this petitioner, the issue will become moot. On the other hand, if the plaintiff makes a prima facie case and the personal financial documents are placed in evidence, leading to an adverse verdict, petitioner may then seek review on direct appeal. Accordingly, we deny the petition for certiorari. Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987).
DOWNEY and LETTS, JJ., concur.