NORTH RIDGE MEDICAL PLAZA, INC., AS GENERAL PARTNER OF NORTH RIDGE MEDICAL PLAZA, LTD., A FLORIDA LIMITED PARTNERSHIP, AND RICHARD K. INGLIS, AS TRUSTEE, PETITIONERS,
v.
TENET HEALTHCARE CORPORATION D/B/A TENET SOUTH FLORIDA HEALTHSYSTEM, AMISUB (NORTH RIDGE HOSPITAL), INC. D/B/A NORTH RIDGE MEDICAL CENTER, AND FL HEALTH COMPLEX, INC., RESPONDENTS

Fla. 4th DCA | 1998-11-04
No. 98-1800
DELL, SHAHOOD and GROSS, JJ., concur.
719 So. 2d 1014 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for writ of certiorari and quash those portions of the order under review which deny petitioners’ motions for a protective order. We remand for an evidentiary hearing as to whether M. Lee Pierce is an officer, director, or managing agent of North Ridge Medical Plaza, Inc., such that his deposition may be taken by “simple notice and without the necessity of serving” him with a witness subpoena. Plantation-Simon, Inc. v. Al Bahloul, 596 So. 2d 1159, 1162 (Fla. 4th DCA 1992). Insofar as respondents seek discovery from Pierce in his capacity as the beneficial owner or real party in interest of the Inglis trust, his attendance at deposition must be obtained by subpoena.

DELL, SHAHOOD and GROSS, JJ., concur.

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  • Zeus, L.L.C. v. The Cadle Co., 929 So. 2d 1108 (Fla. 4th DCA 2006)
    …rector, or managing agent of the corporation such that she could simply be noticed for deposition. Triple Fish America, Inc. v. Triple Fish Intern., L.C., 839 So. 2d 913 (Fla. 5th DCA 2003); North Ridge Medical Plaza, Inc. v. Tenet Healthcare Corp., 719 So. 2d 1014 (Fla. 4th DCA 1998) (citing Plantation-Simon, Inc. v. Al Bahloul, 596 So. 2d 1159, 1162 (Fla. 4th DCA 1992)). Relief is denied in all other respects. Granted in part and Denied in part. KLEIN, SHAHOOD and MAY, JJ„ concur.…
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    …in Florida which permits the trial court to deem real parties in interest, not joined as actual parties in an action, as subject to the jurisdiction of the court for purposes discovery. In North Ridge Medical Plaza v. Tenet Healthcare Corporation, 719 So. 2d 1014, 1015 (Fla. 4th DCA 1998), we held that a beneficial owner of property or a real party in interest must be subpoenaed for deposition. The trial court’s ruling is directly contrary to North Ridge. We are not at liberty to change our rules and statu…

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