SOUTHFORK INVESTMENTS GROUP, INC., RONDOUT VALLEY CAMP GROUND, INC., AND E & J PROPERTIES, INC., PETITIONERS,
v.
GEORGE E. WILLIAMS AND JOHN D. BURKEY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an order compelling production of all financial records was overbroad without articulated reasons.
Plaintiff sued defendant for default on a stock purchase agreement and related claims. The defendant corporations sought to limit discovery of their f…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Foreclosure Of Security Interest cases and more on FLexlaw
[*941] PER CURIAM.
Petitioners (the corporations) seek certiorari review of the order compelling production of all of its financial records. We grant the petition; the order is overbroad. See Jewelers International Showcase, Inc. v. Mandell, 529 So. 2d 1211 (Fla. 3d DCA 1988).
In this action, George E. Williams sued John D. Burkey after Burkey defaulted on a stock purchase agreement in which Bur-key agreed to purchase Williams’ stock in the corporations. The complaint in four counts seeks damages on a promissory note, foreclosure of the security interest in shares of stock in the corporations, damages for breach of the stock purchase agreement, and declaratory relief as to Burkey’s rights of setoff under the stock purchase agreement. The corporations claim the issues involve only the fair market value of the stock. Williams disagrees. The corporations have produced the corporate income tax returns, the general ledgers, the balance sheets, the profit and loss statements, and the corporate stock books.
Although there may be a basis for the instant order, it is not apparent and we are not persuaded that any factors exist permitting us to distinguish the applicability of Jewelers from the matter at hand. Without articulation of the trial court’s reasons for its order, we are unable to discern the need for such broad discovery. Accordingly, we issue the writ of certiorari and quash the order compelling discovery.
Petition granted.
FRANK, A.C.J., and HALL and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Computer Solutions, Inc. v. Gnaizda, 633 So. 2d 1100 (Fla. 3d DCA 1994)…d to inspect the corporation’s income tax returns, general ledger, balance sheets, profit and loss statements and stock book to determine the actual corporate stock value.” Accord Mandell, 529 So. 2d at 1211; Southfork Invs. Group, Inc. v. Williams, 613 So. 2d 940, 941 (Fla. 2d DCA 1993). The record provides no basis for the trial court’s broad order granting inspection of approximately forty additional sets of documents including work-for-hire agreements, subcontractor agreements and insurance policies. Alth…
Authorities Cited
- Jewelers Int'l Showcase, Inc. v. Mandell, 529 So. 2d 1211 (Fla. 3d DCA 1988)