DAVID B. KESLER, PETITIONER,
v.
KEVIN V. BROWN, RESPONDENT
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PER CURIAM.
The petitioner, an attorney, seeks certiorari review of the circuit court’s order denying him the right to depose the respondent, his former client, in this action for legal malpractice and fraud. The court denied discovery because the respondent had been previously deposed in the bar grievance proceeding he had brought against the petitioner. In this case, we hold that the trial court departed from the essential requirements of law, leaving the petitioner without a remedy on appeal.
We recognize that certiorari review of orders denying discovery is rarely appropriate. See State Farm Mutual Ins. Co. v. Peters, 611 So. 2d 597 (Fla. 2d DCA 1993); Esman v. Board of Regents of Florida, 425 So. 2d 156 (Fla. 1st DCA 1983). Nevertheless, the deposition taken by the Florida Bar’s attorney prior to the filing of this lawsuit deprives the petitioner of any opportunity to depose his former client with respect to the issues in this action. That the attorney’s questioned conduct in the grievance proceeding is part of the subject'matter of this action does not change our decision.
Petition granted.
HALL, A.C.J., and THREADGILL and LAZZARA, JJ., concur.
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…. State, 635 So. 2d 41, 42-43 (Fla. 1st DCA [1994]); Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So. 2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So. 2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So. 2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So. 2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So. 2d 73, 77…
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Shindorf v. Bell, 207 So. 3d 371 (Fla. 2d DCA 2016)…for the deposition of all defendants. This necessitates careful study of each defendant’s responses to interrogatories, and the materials obtained pursuant to requests to produce.”). [*374] Indeed, we rejected a similar argument in Kesler v. Brown, 637 So. 2d 958 (Fla. 2d DCA 1994), in which we granted a petition for writ of certiorari where the circuit court denied an attorney defendant the right to depose his former client in a legal malpractice action because the same plaintiff had been previously deposed…
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Faust v. State, 644 So. 2d 353 (Fla. 2d DCA 1994)…emand, if the court again denies the motion, it should attach those parts of the record or files substantiating denial. See Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993); Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994); Handford v. State, 637 So. 2d 958 (Fla. 2d DCA 1994). If the appellant is aggrieved by any subsequent action of the trial court, he must file a timely notice of appeal to obtain further appellate review. Reversed and remanded. PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ.,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spike von Zamft v. Heller, 425 So. 2d 156 (Fla. 3d DCA 1983)
- State Farm Mut. Auto. Ins. Co. v. Peters, 611 So. 2d 597 (Fla. 2d DCA 1993)