GUSTAVO MENDEZ AND ERNESTO MENDEZ, PETITIONERS,
v.
RON COCHRAN, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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A bill of discovery may not be used as a fishing expedition to see if causes of action exist or to obtain a preview of discovery once suit is filed.
The Sheriff filed an independent lawsuit, a pure bill of discovery, seeking audiotapes and depositions to ascertain potential criminal or civil statut…
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PER CURIAM.
We grant this petition for certiorari and quash the trial court order denying Petitioners/Defendants’ motion for a protective order. Publix Supermarkets, Inc. v. Frazier, 696 So. 2d 1369 (Fla. 4th DCA 1997).
The Sheriff instituted this independent lawsuit, which constitutes solely a pure bill of discovery seeking production of audiotapes of conversations allegedly surreptitiously recorded by Petitioners, and noticed Petitioners for deposition. The acknowledged purpose of filing this action is to ask Petitioners about the facts surrounding the bill in order “to ascertain whether criminal or civil statutory violations, including an invasion of [the Sheriffs][and others’] privacy rights ... have occurred.”
We recognize that a bill of discovery is available as an aid in bringing or defending an action about to be commenced. It may be used to identify potential defendants and theories of liability and to obtain information necessary for meeting a condition precedent to filing suit. Sunbeam Television Corp. v. Columbia Broad. Sys., 694 F.Supp. 889, 892 (S.D.Fla.1988); Adventist Health Sys.,/Sunbelt, Inc. v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990). However, it may not be used “as a fishing expedition to see if causes of action exist.” Publix, 696 So. 2d at 1371. Neither is it available simply to obtain a preview of discovery obtainable once suit is filed. Such a use of the bill places an undue burden on the court system. See National Car Rental v. Sanchez, 349 So. 2d 829 (Fla. 3d DCA 1977).
There is nothing in this record reflecting that the Sheriffs position is distinguishable from that of other plaintiffs who would use this investigation tool to seek information that might uncover a potential claim. See Publix, 696 So. 2d at 1370-71.
Therefore we grant the petition and quash the order and remand for further proceedings consistent with this opinion.
STONE, C.J., and GUNTHER and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Vorbeck v. Betancourt, 107 So. 3d 1142 (Fla. 3d DCA 2012)…may be used “[i]n the absence of an adequate legal remedy ... ‘to identify potential defendants and theories of liability and to obtain information necessary for meeting a condition precedent to filing suit.’” Id. at 758 (quoting Mendez v. Cochran, 700 So. 2d 46, 47 (Fla. 4th DCA 1997)). The facts in Adventist Health System/Sunbelt, Inc. v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990) (en banc), illustrate one of the rare situations in which the filing of a bill of discovery is justified. In Adventist, the…
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JM Fam. Enters., Inc. v. Freeman, 758 So. 2d 1175 (Fla. 4th DCA 2000)…ther is it available simply to obtain a preview of discovery obtainable once suit is filed. Such a use of the bill places an undue burden on the court system. See National Car Rental v. Sanchez, 349 So. 2d 829 (Fla. 3d DCA 1977). Mendez v. Cochran, 700 So. 2d 46, 47 (Fla. 4th DCA 1997) (emphasis added). In Mendez, we concluded that there was nothing in the record distinguishing the plaintiffs claim from that of others who would use the same investigation tool “to seek information that might uncover a potent…
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Trak Microwave Corp. v. Culley, 728 So. 2d 1177 (Fla. 2d DCA 1998)…c., 694 F.Supp. 889 (S.D.Fla.1988). However, a party may not utilize this mechanism to determine whether a cause of action exists or as a “fishing expedition.” See National Car Rental v. Sanchez, 349 So. 2d 829 (Fla. 3d DCA 1977); Mendez v. Cochran, 700 So. 2d 46 (Fla. 4th DCA 1997). Because state and federal rules of civil procedure have relaxed many of the older code pleading requirements and now authorize liberal discovery, it is rare that a party has need to invoke this equitable remedy. In this case,…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adventist Health System/Sunbelt, Inc. v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990)
- Glickman v. State, 696 So. 2d 1369 (Fla. 4th DCA 1997)
- Publix Supermarkets, Inc. v. Zarkia T. Frazier, 696 So. 2d 1369 (Fla. 4th DCA 1997)
- Sunbeam Television Corp. v. Columbia Broad. Sys., Inc., 694 F. Supp. 889 (S.D. Fla. 1988)
- Rigel v. Rigel, 349 So. 2d 829 (Fla. 3d DCA 1977)
- Nat'l CAR Rental & Travelers Ins. Co. v. Sanchez, 349 So. 2d 829 (Fla. 3d DCA 1977)