THOMAS C. TURNER AND TURNER, FORD & BUCKINGHAM, P.A., PETITIONERS,
v.
GREYHOUND FINANCIAL CORPORATION, FORMERLY KNOWN AS GREYHOUND LEASING & FINANCIAL CORPORATION, A DELAWARE CORPORATION, RESPONDENT; ELLIS E. NEDER, JR., PETITIONER, V. GREYHOUND FINANCIAL CORPORATION, FORMERLY KNOWN AS GREYHOUND LEASING & FINANCIAL CORPORATION, A DELAWARE CORPORATION, RESPONDENT
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Florida appellate court quashed an order compelling deposition of Neder due to insufficient notice of the hearing, holding that one day notice is unreasonable under Florida Rules of Civil Procedure.
One day notice of a deposition hearing is unreasonable under Florida Rules of Civil Procedure 1.090(d), particularly when the party resides in a different city from the hearing location.
[1] Notice of a deposition hearing must be served a reasonable time in advance, and one day notice is insufficient under Florida Rules of Civil Procedure 1.090(d), particular…
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Join FLexlaw to unlock all legal intelligenceRespondent filed a motion to compel Neder's deposition on June 18, 1990, with a hearing set for June 20. A notice of hearing was sent by overnight mai…
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SHIVERS, Chief Judge.
We sua sponte consolidated two petitions for writ of certiorari. The first petition seeks to quash an order compelling the deposition of Thomas Turner. The second petition adopts and incorporates the first petition and seeks to quash an order compelling the deposition of Ellis Neder and an order compelling Neder to produce documents. We deny the petitions to review the order compelling the deposition of Turner and the order compelling Neder to produce documents. We grant the petition to quash the order compelling the deposition of Neder.
On June 18, 1990, respondents filed a motion to compel Neder to appear for deposition on July 9. A hearing on the motion was set for June 20. Respondent sent by overnight mail a notice of hearing to Ned-er, who resides in New York City. The notice arrived at Neder’s mailing address on July 19, and it stated that Neder could participate in the hearing by conference call. Neder did not appear and claims to have received the notice after the hearing.
The trial court entered an order to compel on June 22. Notice of hearing must be served a reasonable time before the hearing. Fla.R. Civ.P. 1.090(d). One day notice is not reasonable. See H. Trawick, Trawick’s Florida Practice and Procedure § 9-7 (1989 ed.). This is especially true when the recipient of the notice is in a city other than the city in which the hearing is to be held. See e.g., P & L Florida Investment, Inc. v. Ferro, 545 So. 2d 448 (Fla. 3d DCA 1989).
JOANOS and ZEHMER, JJ., concur.
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Gussie Anderson and Earleen James v. SUN Tr. Bank/North, 679 So. 2d 307 (Fla. 5th DCA 1996)…for a hearing on a motion to strike a claim against an estate based upon a summary judgment was inadequate. We agree with appellants that four days notice for a hearing scheduled out of town is unreasonable. See Turner v. Greyhound Financial Corp., 567 So. 2d 1042 (Fla. 1st DCA 1990) (notice of hearing of deposition served one day before hearing insufficient particularly where recipient of notice lived in a city other than city in which hearing was to be held); P & L Florida Inv. Inc. v. Ferro, 545 So. 2d 448…
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Somerville v. Reusser, 649 So. 2d 339 (Fla. 5th DCA 1995)…urt’s order and remand for a hearing following proper notice. 522 So. 2d at 532-533. We agree with the Hayman court’s reasoning. See also Matter of Adoption of Baby James Doe, 572 So. 2d 986 (Fla. 1st DCA 1990); Turner v. Greyhound Financial Corp., 567 So. 2d 1042 (Fla. 1st DCA 1990). Furthermore, the hearing on the motion to compel visitation was conducted tele-phonically without complying with the rule governing such proceedings. Judicial Administration Rule 2.071(b) and (c) permits the court to order a mo…
Authorities Cited
- P & L Fla. Inv., Inc. v. Ferro, 545 So. 2d 448 (Fla. 3d DCA 1989)
- Cummings v. State, 545 So. 2d 448 (Fla. 3d DCA 1989)