ROBERT J. HILL, MTLC INVESTMENT, LTD., MTLC MANAGEMENT CORP., PPC PRODUCTS CORP., SEMMICONDUCTORS, INC., HILL DEVELOPMENT CO., LTD., AND RJH MANAGEMENT CORP., PETITIONERS,
v.
ANDREW DOUGHTY D/B/A A.D. RESOURCES, RESPONDENT; ROBERT J. HILL, MTLC INVESTMENT, LTD., MTLC MANAGEMENT CORP., PPC PRODUCTS CORP., TECHNETT SEALS, INC., SEMMICONDUCTORS, INC., MINDY M. WEISS, LAURIL L. STOUGH, TAMARA JO VAUDREUIL, CONNIE SUE HILL, AND PEGGY J. HILL A/K/A MARGARET J. HILL, PETITIONERS, V. ANDREW DOUGHTY D/B/A A.D. RESOURCES, RESPONDENT
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Florida appellate court granted certiorari to quash discovery orders against non-party petitioners' financial records where judgment creditor failed to establish any relationship between them and the judgment debtor, but denied relief regarding the judgment debtor's own financial discovery.
Discovery of non-party petitioners' financial records must be quashed where the judgment creditor has not established a relationship between the non-parties and the judgment debtor, but discovery of the judgment debtor's own financial information may proceed.
[1] In a judgment enforcement proceeding, discovery of a non-party's financial records may be quashed where the judgment creditor has failed to establish any relationship bet…
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Join FLexlaw to unlock all legal intelligenceAndrew Doughty, a judgment creditor with a California judgment against Robert J. Hill, sought to domesticate and enforce that judgment in Florida and …
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PER CURIAM.
The respondent in these related certiorari proceedings,1 Andrew Doughty d/b/a A.D. Resources, is a judgment creditor seeking to domesticate and enforce a California judgment entered against, inter alia, Robert J. Hill, one of the petitioners here. Hill and various non-parties to the litigation seek a writ of certiorari quashing an order denying their motion for protective order and to quash subpoenas for various financial documents. They argue that the lower court is allowing Doughty to engage in burdensome, oppressive and unduly broad discovery and, additionally, that Doughty failed to establish any relationship between the judgment debtor, Hill, and the non-party petitioners.
We deny the petitions insofar as the orders allow discovery of financial information regarding the party-petitioner Hill, as Hill has failed to establish that the lower court departed from the essential requirements of law. However, we grant the writs of certiorari and quash the orders at issue insofar as the lower court permitted discovery concerning the non-party petitioners’ financial records. The court departed from the essential requirements of law in allowing such discovery, because at the time the lower court considered and denied the motions for protective order and to quash the subpoenas, there was no evidence to support Doughty’s allegation of a relationship between the non-party petitioners and the judgment debtor Hill.
WARNER, C.J., GROSS and HAZOURI, JJ., concur. . We sua sponte consolidate case numbers 98-2758 and 98-2833.
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Yuri Sucart and Jose Gustavo Gomez v. Off. OF THE Comm'r, 129 So. 3d 1112 (Fla. 3d DCA 2013)…” Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla.2012), reh’g denied (May 4, 2012). In certain circumstances, certiorari may be appropriate to review orders compelling discovery from non-parties. See Hill v. Doughty, 765 So. 2d 66 (Fla. 4th DCA 2000) (granting certiorari and quashing a discovery order entered against a non-party where there was “no evidence to support ... allegation of a relationship between the non-party petitioners and the judgment debtor”). The burden on…