SYLVIA FOX, APPELLANT,
v.
OWEN E. KAHN, APPELLEE

Fla. 3d DCA | 1991-03-05
No. 91-204
Before BARKDULL, JORGENSON and GERSTEN, JJ.
575 So. 2d 1349 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks certiorari review of an order compelling discovery from a nonparty witness in a post-dissolution of marriage proceeding. We treat the petition as an appeal from a non-final, post-judgment order, and reverse and remand, based on the authority of Fox v. Kelner, 574 So. 2d 311 (Fla. 3d DCA 1991). Fla.R.App.P. 9.130(a)(4), 9.040(c).


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  • M.N. v. State, 724 So. 2d 122 (Fla. 4th DCA 1998)
    …v. State, 241 So. 2d 744, 747-48 (Fla. 4th DCA 1970)). Since the foregoing requirement applies equally in juvenile proceedings, see A.M. v. State, 593 So. 2d 316, 317 (Fla. 4th DCA 1992), and to defense discovery violations, see Livingston v. State, 575 So. 2d 1349, 1350 (Fla. 4th DCA 1991), appellant’s failure to list the co-defendant as a witness constituted a Richardson violation. Although a trial court has discretion in remedying discovery violations, see State v. Tascarella, 580 So. 2d 154, 156 (Fla.1991…

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