AVATAR PROPERTIES, INC., A FLORIDA CORPORATION, PETITIONER,
v.
PEDRO DONESTEVEZ, RESPONDENT

Fla. 2d DCA | 1991-03-08
No. 90-03648
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
575 So. 2d 785 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases
Topics
Compelled Discovery Counterclaim Mortgage Foreclosure Certiorari Review

Explore caselaw by topic → Browse Compelled Discovery cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

[*786] PER CURIAM.

Avatar Properties seeks certiorari review of a circuit court order which compels production of certain documents and other materials to respondent Pedro Donestevez.

The underlying action, in which Avatar is the plaintiff, is a' mortgage foreclosure. Donestevez’s responsive pleadings included affirmative defenses and a counterclaim, which have been stricken or dismissed by separate circuit court orders. The requested discovery relates only to the affirmative defenses and counterclaim. Since those pleadings appear not to have been refiled, the discovery request is irrelevant at this point and should be denied. Oppenheimer Fund, Inc., v. Sanders, 437 U.S. 340, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978).

In view of the result we reach, we decline to address Avatar’s additional contention that the discovery order should be quashed as unduly burdensome.

The petition for writ of certiorari is granted, the circuit court’s order compelling discovery is quashed, and this case is remanded for further proceedings consistent with this opinion.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Richardson v. Watson, 611 So. 2d 1254 (Fla. 2d DCA 1992)
    …RANTING MOTION TO COMPEL DISCOVERY The order granting the appellees’ motion to compel discovery is appealable, if at all, by way of certiorari. See, e.g., McMillan v. McGill, 584 So. 2d 185 (Fla. 2d DCA 1991); Avatar Properties, Inc. v. Donestevez, 575 So. 2d 785 (Fla. 2d DCA 1991). Absent a situation involving the initial seeking of a wrong remedy by timely filing a notice of appeal in the lower court, the petition for the writ must be filed with this court within 30 days of rendition of the order compellin…
  • Llanes v. State, 603 So. 2d 1294 (Fla. 3d DCA 1992)
    …shed; cause remanded. . City of Miami v. Florida Public Serv. Comm'n, 226 So. 2d 217 (Fla.1969); Seaboard Air Line R.R. v. Timmons, 61 So. 2d 426 (Fla.1952); Kilgore v. Bird, 149 Fla. 570, 6 So. 2d 541 (1942); Avatar Properties, Inc. v. Donestevez, 575 So. 2d 785 (Fla. 2d DCA 1991); FDIC v. Balkany, 564 So. 2d 580 (Fla. 3d DCA 1990); McCarty v. Estate of Schultz, 372 So. 2d 210 (Fla. 3d DCA 1979); Able Builders Sanitation Co. v. State, 368 So. 2d 1340 (Fla. 3d DCA), appeal dismissed, 373 So. 2d 461 (Fla.1979…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw