ROBERT J. BARRETT, III, APPELLANT,
v.
DAVID L. CALLAWAY, AND DOES 1 THROUGH 10, INCLUSIVE, RESPONDENTS
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Certiorari review is not warranted for a protective order prohibiting discovery when plenary appeal provides an adequate remedy.
Plaintiff in a defamation suit sought certiorari review of a protective order prohibiting discovery based on club bylaws. The trial court granted the …
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KLEIN, J.
Petitioner is the plaintiff in a defamation suit against members of his private social club. The trial court granted a protective order prohibiting certain discovery on the basis that the club’s bylaws made all “membership deliberations” confidential and not “open to inspection by the general membership or any other person.” He seeks certiorari review, asserting that this order is a departure from the essential requirements of law for which there is no adequate remedy by appeal from final judgment.
As sole authority for jurisdiction petitioner cites Beekie v. Morgan, 751 So. 2d 694 (Fla. 5th DCA 2000), in which the fifth district reviewed by certiorari an order granting a protective order which prevented the taking of the defendant’s deposition in an accident case. The Beekie court, recognizing that review of denial of discovery orders by certiorari is rarely warranted, concluded that it was justified under the facts.
This court, on the other hand, has consistently maintained the view that “plenary appeal provides an adequate remedy to address the legal propriety of an order precluding discovery.” Calfin v. McInnis, 683 So. 2d 1137 (Fla. 4th DCA 1996) and cases cited. Because we conclude that petitioner has failed to demonstrate irreparable harm which cannot be remedied on final appeal, we dismiss the petition.
WARNER and HAZOURI, JJ., concur.
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Power Plant Ent., LLC v. Trump Hotels & Casino Resorts Dev. Co., LLC, 958 So. 2d 565 (Fla. 4th DCA 2007)…otion to certify conflict, pointing out that other district courts of appeal have allowed review by certiorari of orders denying discovery and this court does not. This court’s current position is exemplified by what we said in Barrett v. Callaway, 842 So. 2d 1056, 1056 (Fla. 4th DCA 2003), in which the trial court had granted a protective order prohibiting discovery of documents. In dismissing the petition for certiorari we explained: As sole authority for jurisdiction petitioner cites Beekie v. Morgan, 751…
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Whitney Info. Network v. Council OF Better Bus. Bureaus, Inc., 957 So. 2d 119 (Fla. 4th DCA 2007)…missing for lack of jurisdiction based on earlier cases from this court holding that this court does not review by certiorari an order precluding discovery. Calfin v. McInnis, 683 So. 2d 1137 (Fla. 4th DCA 1996) and cases cited. Barrett v. Callaway, 842 So. 2d 1056 (Fla. 4th DCA 2003). The rationale of these cases is that the error can be corrected on appeal from final judgment and therefore the irreparable damage requirement for granting certiora-ri is absent. The Second, Third, and Fifth Districts do review…1 / 2
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Wally v. Nat'l City Mortg. Co., 867 So. 2d 444 (Fla. 4th DCA 2004)…ctive order without explanation. Petitioner has cited no authority which would support certiorari review of this order, which is not surprising since this court does not review by certiorari orders refusing to allow discovery. Barrett v. Callaway, 842 So. 2d 1056 (Fla. 4th DCA 2003). Although this order is contrary to the well-established rule that the officer of a plaintiff corporation is required to attend a deposition in the forum where the action is pending, Ormond Beach First National Bank v. J.M. Montg…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Herman v. Herman, 751 So. 2d 694 (Fla. 3d DCA 2000)
- Calfin v. McINNIS, 683 So. 2d 1137 (Fla. 4th DCA 1996)