HTP, LTD., A BERMUDA CORPORATION, PETITIONER,
v.
LINEAS AEREAS COSTARRICENSES, S.A., A COSTA RICAN CORPORATION, AND LACSA INTERNATIONAL, INC., A DELAWARE CORPORATION, RESPONDENTS
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The court held that discovery of income information to establish alter ego status was not permissible because alter ego allegations were extraneous to the fraud claims.
Petitioner HTP, Ltd. sought a writ of certiorari to quash a discovery order compelling disclosure of income information. This information was sought t…
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PER CURIAM.
Petitioner, HTP, Ltd. (HTP), seeks a writ of certiorari quashing a discovery order compelling HTP to disclose income information establishing an “alter ego” relationship between the various parties to an alleged fraudulent scheme. We grant certiorari and quash the order under review.
We determine that the “alter ego” allegations are extraneous to the fraud claims in the complaint.1 Because the items ordered to be produced were not shown to be reasonably related to any actual issue in the cause, we grant certiorari and quash the order under review. Fla.R.Civ.P. 1.280(b)(1); Comprehensive American Care, Inc. v. Health Care Center of Homestead, Inc., 578 So. 2d 898 (Fla. 3d DCA 1991); see Graphic Assocs., Inc. v. Riviana Restaurant Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984).
Certiorari granted.
. Additionally, respondents no longer need to pursue pre-trial discovery for the purpose of substantiating their “alter ego" pleading allegations in view of HTP's reply. The reply states that if certiorari is granted and the order quashed, "HTP, Tyler and Mr. Gamble ... [will] amend their answer to [Respondent’s] First Amended Complaint in [this case] to admit the allegations of paragraphs 7 and 8” which specify Mr. Gamble’s domination, control, and direction of HTP and Tyler Corporation, and their use as Mr. Gamble's alter egos, instrumentalities, or agents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)…ion below expressly and directly conflicts with Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987); Brooks v. Owens, 97 So. 2d 693 (Fla.1957); Kilgore v. Bird, 149 Fla. 570, 6 So. 2d 541 (1942); HTP Ltd. v. Lineas Aereas Costarricenses, S.A, 634 So. 2d 724 (Fla. 3d DCA 1994); Orange Lake Country Club, Inc. v. Levin, 633 So. 2d 1148 (Fla. 5th DCA 1994); and Krypton Broadcasting of Jacksonville, Inc. v. MGM-Pathe Communications Co., 629 So. 2d 852 (Fla. 1st DCA 1993). Because we find conflict with HTP,…
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Eberhardt v. Eberhardt, 666 So. 2d 1024 (Fla. 4th DCA 1996)…w, finding conflict between our decision and three cases in which district courts of appeal had quashed discovery orders requiring production of items not reasonably related to the issues in the cases, HTP, Ltd. v. Lineas Aereas Costarricenses, S.A, 634 So. 2d 724 (Fla. 3d DCA 1994); Orange Lake Country Club, Inc. v. Levin, 633 So. 2d 1148 (Fla. 5th DCA 1994); and Krypton Broadcasting of Jacksonville, Inc. v. MGM-Pathe Communications Co., 629 So. 2d 852 (Fla. 1st DCA 1993). After acknowledging that discovery…
Authorities Cited
- Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984)
- Villarruel v. Duet Warren, 578 So. 2d 898 (Fla. 3d DCA 1991)
- Comprehensive Am. Care, Inc. v. Health Care Ctr. OF Homestead, Inc., 578 So. 2d 898 (Fla. 3d DCA 1991)