ASPEX EYEWEAR, INC., PETITIONER,
v.
JERROLD ROSS, RESPONDENT
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The court held that financial records are discoverable if relevant to damages, and that it lacked jurisdiction to review claims of irrelevant material production for certiorari.
Aspex Eyewear, Inc. (Petitioner) sought review of a trial court order denying its motions for protective order and granting sanctions against it. The …
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PER CURIAM.
Aspex Eyewear, Inc., seeks review of a non-final order of the Broward County circuit court which denied its initial and revised Motions for Protective Order and granted Respondent’s Motion for Sanctions. We dismiss in part and deny in part.
Ordinarily the financial records of a party are not discoverable unless the documents themselves or the status which they evidence is somehow at issue in the case. See Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984). The profits of Petitioner are relevant to the damages element of an alleged “profit” sharing participation agreement, thus, making the financial records sought by Respondent relevant. As to any alleged confidential or classified trade secrets of the petitioner or the non-parties, the trial court, upon appropriate motion, can easily fashion safeguards to prevent dissemination of this information to other entities which are not involved in the litigation. See Crocker Constr. Co. v. Hornsby, 562 So. 2d 842 (Fla. 4th DCA 1990).
Petitioner claims the production ordered by the trial court is irrelevant. To the extent this may be true, we lack jurisdiction as the production of irrelevant material does not rise to the level of irreparable harm for certiorari to lie. See Coyne v. Schwartz, Gold, Cohen, Zakarin & Hotter, P.A., 715 So. 2d 1021, 1023 (Fla. 4th DCA 1998); Eberhardt v. Eberhardt, 666 So. 2d 1024 (Fla. 4th DCA 1996), approved by Allstate Ins. Co. v. Boecher, 733 So. 2d 993, 998-99 (Fla.1999).
Accordingly, we dismiss the petition in part and deny the petition in part.
FARMER, STEVENSON and SHAHOOD, JJ„ concur.
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Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla. 2012)…ividual financial information is not discoverable [*458] when there is no financial issue pending in the case to which the discovery applies. See Friedman v. Heart Inst. of Port St. Lucie, 863 So. 2d 189, 194 (Fla.2003); Aspex Eyewear, Inc. v. Ross, 778 So. 2d 481, 481-82 (Fla. 4th DCA 2001) (“Ordinarily the financial records of a party are not discoverable unless the documents themselves or the status which they evidence is somehow at issue in the case.”). However, “where materials sought by a party ‘would a…
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Cordis Corp. & Johnson & Johnson of N.J., Inc. v. O'Shea, 988 So. 2d 1163 (Fla. 4th DCA 2008)…ile a lawsuit involving the CYPHER stent in the future. Petitioners argue that the discovery rules do not allow O’Shea to obtain confidential information in this case to then share with whomever he chooses. They point to Aspex Eyewear, Inc. v. Ross, 778 So. 2d 481, 482 (Fla. 4th DCA 2001) where this Court allowed discovery of confidential information but added that the circuit court could fashion safeguards “to prevent dissemination of this information to other entities which are not involved in the litigatio…
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Moishe Mana v. CHO, 147 So. 3d 1098 (Fla. 3d DCA 2014)…ation is not discoverable when there is no financial issue pending in the case to which the discovery applies.” Bd. of Trs. of Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla.2012); see also Aspex Eyewear, Inc. v. Ross, 778 So. 2d 481, 481-82 (Fla. 4th DCA 2001) (“Ordinarily the financial records of a party are not discoverable unless the documents themselves or the status which they evidence is somehow at issue in the case.”). In the instant case, the Respondents argue that Man…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999)
- Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984)
- Coyne v. Schwartz, 715 So. 2d 1021 (Fla. 4th DCA 1998)
- Eberhardt v. Eberhardt, 666 So. 2d 1024 (Fla. 4th DCA 1996)
- Crocker Constr. Co. v. Ronny Hornsby and Carol Hornsby, 562 So. 2d 842 (Fla. 4th DCA 1990)