SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, PETITIONER,
v.
KORNER-DECKER CONSTRUCTION, INC., RESPONDENT

Fla. 5th DCA | 1999-06-04
No. 99-329
HARRIS and ANTOON, JJ., concur.
733 So. 2d 1124 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 22 cases

Opinion of the Court
DAUKSCH, J.

DAUKSCH, J.

Before us is a petition for writ of certiorari seeking to quash a discovery order requiring the production of various documents which petitioner claims are not discoverable. Because petitioner has asserted proper grounds for exemption from discovery, as well as exemption from the public records law, we grant the petition and remand for further proceedings. Upon remand the circuit judge should conduct an in camera inspection of the documents to determine which are protected from discovery by the attorney work product doctrine and which must be disclosed.

PETITION GRANTED; REMANDED.

HARRIS and ANTOON, JJ., concur.


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Cited By (11 total)

  • …hing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.” Enriquillo Export & Import, Inc. v. M.B.R. Indus., Inc., 733 So. 2d 1124, 1127 (Fla. 4th DCA 1999). 2. “Substantial performance is that performance of a contract which, while not full performance, is so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price…
  • Dirico v. Redland Ests., Inc., 154 So. 3d 355 (Fla. 3d DCA 2014)
    …o the Seller immediately, as a payment for the extension of this contract. “Payment” is “commonly defined as delivery and acceptance of money or its equivalent in discharge of an obligation.” Enriquillo Export & Import, Inc. v. M.B.R. Indus., Inc., 733 So. 2d 1124, 1126 (Fla. 4th DCA 1999) (citation omitted). There is no reason why the expressions “release[d] and paid to the Seller as consideration for this extension” and “as a payment for the extension of this contract” should be given any meaning other than…
  • …ement. Where the debtor agrees to pay the creditor on or before a specific date, time is of the essence, and the debtor is required to deliver money to the creditor on or before that date. See Enriquillo Export & Import, Inc. v. M.B.R. Indus., Inc., 733 So. 2d 1124 (Fla. 4th DCA 1999). “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.” Id…

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