WYNDHAM VACATION RESORTS, INC., ET AL., PETITIONERS,
v.
OCEAN WALK RESORT CONDOMINIUM ASSOCIATION, INC., RESPONDENT

Fla. 5th DCA | 2012-05-04
No. 5D11-2611
ORFINGER, C.J., and TORPY, J., concur.
86 So. 3d 592 Florida District Court of Appeal, Fifth District (2012)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The trial court's discovery order requiring the production of unredacted employee W-2 forms and other documents containing personal information of unit holders departed from the essential requirements of law.


Headnotes

[1] A discovery order requiring the production of unredacted employee W-2 forms and other documents containing personal information of unit holders, such as social security n…

[2] An employer generally lacks standing to assert the constitutionally protected privacy interests of non-parties implicated by a discovery order.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Wyndham, a management company, was sued by RCA for alleged mismanagement of funds. RCA sought discovery of unredacted employee W-2 forms and documents…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
COHEN, J.

COHEN, J.

Wyndham Vacation Resorts, Inc., and Wyndham Vacation Management, Inc. (collectively “Wyndham”) seek a writ of certio-rari to quash the trial court’s discovery order requiring them to produce unredact-ed employee W-2 forms, which display personal addresses, phone numbers, and social security numbers, as well as other documents containing the personal information of unit holders, revealing bank account numbers, credit card numbers, social security numbers, and contact information. Finding the trial court departed from the essential requirements of law, we grant the petition and quash the trial court’s order.

Ocean Walk Resort (“the Resort”) is a condominium development in Daytona Beach, Florida, consisting of a north and south tower. The north tower is governed by Ocean Walk II Vacation Condominium Association, Inc. (“VCA”), created in 2004. Respondent, Ocean Walk Resort Condominium Association, Inc. (“RCA”), created in 2001, is the condominium association responsible for operating the south tower of the Resort.

The south tower is comprised of three ownership classes: (i) whole unit owners; (ii) timeshare unit owners; and (iii) commercial unit owners. Although RCA oversees the affairs of all three ownership classes in the south tower, the timeshare unit owners are also governed by a separate association, Ocean Walk Vacation Ownership Association, Inc. (“VOA”).

On April 10, 2001, RCA entered into a management agreement with Wyndham, pursuant to which Wyndham was responsible for the operation, management, and maintenance of the south tower. Wynd-ham’s duties under the management agreement included, but were not limited to, maintaining the property in good condition and repair; maintaining RCA’s finan*594cial records, books and accounts; and collecting assessments. Wyndham was also responsible for managing the north tower for VCA under a separate management agreement.

RCA filed a second amended complaint in the circuit court asserting fifteen counts for relief against Wyndham and its affiliates, stemming from Wyndham’s alleged mismanagement of RCA’s funds. RCA alleged that Wyndham, while acting as RCA’s manager pursuant to the management agreement, improperly used the dues and fees collected from RCA’s owners to pay Wyndham’s own expenses, the operating expenses of the north tower, and the expenses of the commercial south tower units, rather than RCA’s expenses. Among other claims, RCA contended that Wyndham improperly charged it for work that its employees performed for other Wyndham entities.

The order under review requires Wynd-ham to produce certain employee records, subject to the following limitations:

Subject to a strict confidentiality agreement that will be prepared by the parties, [Wyndham] shall produce [the] documents [RCA] has requested containing bank account numbers, credit card numbers, social security numbers, and personal contact information of timeshare owners, and salary, wage and W-2 information of all Wyndham employees who have worked on behalf of [RCA] at the [Resort] without redaction. The confidentiality agreement must state that [RCA] shall not make public the unre-dacted documents specified above except to use among [RCA] attorneys and experts. If [RCA] wants to disclose or show the documents to any other person or party, [RCA] is required to move the [e]ourt for an order authorizing such disclosure.

The required production would include social security, credit card, and bank account numbers, as well as the identification of spouses and dependents. It is invasive, overly broad and goes well beyond the information needed to accomplish the goals sought by its production.1

PETITION FOR WRIT OF CERTIO-RARI GRANTED; ORDER QUASHED; REMANDED.

ORFINGER, C.J., and TORPY, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw