DOUGLAS E. STEWART, INDIVIDUALLY; EARL D. STEWART, JR., INDIVIDUALLY; JANET GOETZ, INDIVIDUALLY; STEWART PONTIAC COMPANY, INC., D/B/A STEWART MAZDA; STEWART PONTIAC COMPANY, INC., D/B/A STEWART IMPORTS; STEWART AGENCY, INC., D/B/A STEWART TOYOTA OF NORTH PALM BEACH; STEWART AGENCY, INC., D/B/A STEWART TOYOTA; STEWART AGENCY, INC., D/B/A STEWART LEASING; AND STEWART SELECT CARS, INC., PETITIONERS,
v.
JENNIFER JONES, INDIVIDUALLY AND ON BEHALF OF A CLASS OF PERSONS SIMILARLY SITUATED, RESPONDENT
DOUGLAS E. STEWART, INDIVIDUALLY; EARL D. STEWART, JR., INDIVIDUALLY; JANET GOETZ, INDIVIDUALLY; STEWART PONTIAC COMPANY, INC., D/B/A STEWART MAZDA; STEWART PONTIAC COMPANY, INC., D/B/A STEWART IMPORTS; STEWART AGENCY, INC., D/B/A STEWART TOYOTA OF NORTH PALM BEACH; STEWART AGENCY, INC., D/B/A STEWART TOYOTA; STEWART AGENCY, INC., D/B/A STEWART LEASING; AND STEWART SELECT CARS, INC., PETITIONERS,
JENNIFER JONES, INDIVIDUALLY AND ON BEHALF OF A CLASS OF PERSONS SIMILARLY SITUATED, RESPONDENT
708 So. 2d 996
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We grant the petition for writ of certiorari, and quash the trial court’s discovery order, only to the extent the order fails to prohibit respondent from using the names and addresses of Stewart’s customers (discovered through production of records) for purposes of solicitation as named plaintiffs in this class action. See Deltona Corp. v. Estate of Bobinger, 582 So. 2d 736 (Fla. 3d DCA 1991). In all other respects, we deny the petition. REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
STONE, C.J., POLEN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pioneer Elecs. (USA), Inc. v. Risi, 918 So. 2d 448 (Fla. 4th DCA 2006)…ying information when producing the complaint reports. In Slim-Fast Foods Co. v. Brockmeyer, 627 So. 2d 104 (Fla. 4th DCA 1993), we held that such reports are not protected from discovery by Florida privacy protections. However, in Stewart v. Jones, 708 So. 2d 996 (Fla. 4th DCA 1998), we also held that such customer identifying information produced through discovery could not be used for purposes of solicitation of customers as named plaintiffs in a class action. See also Estate of Bobinger v. Deltona Corp.,…
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Westlake Servs., Inc. v. RAY, 923 So. 2d 555 (Fla. 4th DCA 2006)…customer information, to the extent that the order failed to include restrictions against the use of the information in soliciting class action plaintiffs. See Pioneer Elecs. (USA), Inc. v. Risi, 918 So. 2d 448 (Fla. 4th DCA 2006); Stewart v. Jones, 708 So. 2d 996 (Fla. 4th DCA 1998). In 'all other respects, the petition is denied. STONE, WARNER and SHAHOOD, JJ., concur.…
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Am. Trades Inst. OF Fla., Inc. v. Josbel Sanchez, 932 So. 2d 534 (Fla. 3d DCA 2006)…at the disclosed information could not be used for soliciting students to join in the action. We find that the order departs from the essential requirements of law and causes irreparable harm that cannot be remedied on appeal. In Stewart v. Jones, 708 So. 2d 996 (Fla. 4th DCA 1998), the Fourth District Court of Appeal held that such customer identifying information produced through discovery could not be used for purposes of solicitation of customers as named plaintiffs in a class action. See also Pioneer E…
Authorities Cited
- The Deltona Corp. v. Est. OF Margarete Bobinger, 582 So. 2d 736 (Fla. 3d DCA 1991)