J. JOHN MARSHALL, PETITIONER,
v.
BUTTONWOOD BAY CONDOMINIUM ASSOCIATION, INC., RESPONDENT

Fla. 3d DCA | 2013-07-24
No. 3D13-641
Before LAGOA, SALTER and LOGUE, JJ.
118 So. 3d 901 Florida District Court of Appeal, Third District (2013) Positive Treatment
Cited by 5 cases

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Synopsis

Marshall sought to depose a condominium association's representatives in a lien foreclosure action, but the trial court granted the association's motion for a protective order barring the depositions. The court held that the trial court abused its discretion by prohibiting material witness depositions without finding good cause, and that the depositions were not cumulative merely because similar parties had been deposed in another pending action.


Holding

The court held that certiorari review was appropriate because denying Marshall the opportunity to depose material witnesses would cause irreparable injury. The trial court departed from the essential requirements of law by granting the protective order without making a finding of good cause, and the depositions were not cumulative merely because similar issues appeared in another pending action in which Marshall was not a party.


Headnotes

[1] A party seeking certiorari review of a discovery order must demonstrate that the order departs from the essential requirements of law, will cause material injury that can…

[2] Florida Rule of Civil Procedure 1.310(b)(6) permits a party to depose a corporation through a designated representative, but this procedure does not preclude taking depos…

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Key Quotes

“While an order denying discovery is not ordinarily reviewable by certiorari, certiorari review of orders denying discovery has been granted where it was found that the injury caused by the order was irreparable.”

Establishes the exception to the general rule that allows certiorari review of discovery orders when irreparable harm results.

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Facts & Procedural History

The Association filed a foreclosure action against Marshall for two claims of lien related to condominium assessments. Marshall denied owing monies an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, J. John Marshall (“Marshall”), seeks a writ of certiorari quashing an order granting Buttonwood Bay Condominium Association, Inc.’s (“Association”) motion for a protective order barring Marshall from deposing the Association’s Corporate Representative, Board President, and Property Manager (collectively, the “Association’s representatives”). For the reasons discussed below, we grant the petition and quash the trial court’s protective order.

Pursuant to section 718.116, Florida Statutes (2010), the Association filed an action against Marshall to foreclose two claims of lien for condominium association assessments. Marshall denied owing the Association any monies, and further claimed that the assessments were not properly approved by the condominium Board of Directors and were therefore invalid. Marshall also claimed that the Association was wrongfully charging the owners for “expenses” the Association was not entitled to collect.

As part of his defense, Marshall sought to depose the Association’s representatives. The Association filed a Motion for Protective Order, claiming that counsel for Marshall deposed these persons in another pending action1 and therefore Marshall should not be permitted to depose any Association representative. The trial court granted the Association’s motion for a protective order and this petition for certiorari followed.

‘While an order denying discovery is not ordinarily reviewable by certiorari, certiorari review of orders denying discovery has been granted where it was found *903that the injury caused by the order was irreparable.” Medero v. Fla. Power & Light Co., 658 So.2d 566, 567 (Fla. 3d DCA 1995). This Court repeatedly has found that an order prohibiting the taking of a material witness’s deposition inflicts the type of harm that cannot be remedied on final appeal. See, e.g., Somarriba v. Ali, 941 So.2d 526 (Fla. 3d DCA 2006); Expert Installation Serv., Inc. v. Fuerte, 933 So.2d 1231 (Fla. 3d DCA 2006); Medero, 658 So.2d 566; Criswell v. Best W. In’l, Inc., 636 So.2d 562 (Fla. 3d DCA 1994); see also Beekie v. Morgan, 751 So.2d 694 (Fla. 5th DCA 2000). Accordingly, this Court has jurisdiction to issue the writ because denying Marshall the opportunity to question the Association’s representatives would cause him irreparable injury that could not be remedied on appeal. See Ruiz v. Steiner, 599 So.2d 196, 198 (Fla. 3d DCA 1992).

“The trial court has the right to deny discovery upon a showing of good cause, e.g. abusive, cumulative depositions of corporate executives, under Florida Rule of Civil Procedure 1.280.” Medero, 658 So.2d at 567. We find that the order under review departs from the essential requirements of law because the trial court made no finding of good cause to preclude these particular depositions.

Additionally, we find without merit the Association’s argument that these depositions would be cumulative because counsel for Marshall deposed the Association’s representatives in another pending action. Although some of the issues raised by Marshall in this action are the same as those raised in the other pending action, Marshall also raises distinct issues in this case2 and, more importantly, is not a party to the other pending action.

Accordingly, we conclude that the trial court departed from the essential requirements of law, grant the petition for cer-tiorari and quash the trial court’s order barring Marshall from deposing the Association’s representatives.

Petition for Writ of Certiorari GRANTED; cause remanded.


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Citator

Cited By

  • 575 Adams, LLC v. Wells Fargo Bank, N.A., 197 So. 3d 1235 (Fla. 3d DCA 2016)
    …use Shue is a material witness, and as this Court has previously stated, “an order prohibiting the taking of a material witness’s deposition inflicts the type of harm that cannot be remedied on final appeal.” Marshall v. Buttonwood Bay Condo. Ass’n, 118 So. 3d 901, 903 (Fla. 3d DCA 2013). Additionally, we find that the trial court’s protective order departed from the essential requirements of law because it failed to make a finding of good cause to prohibit 575 Adams from deposing Wells Fargo’s material witne…
  • Garcia v. Yellow Cab Co. (Fla. 3d DCA 2024)
  • …hat cannot be remedied on final appeal;” further holding the third requirement was satisfied because court failed to make a finding of good cause to prohibit the deposition of a material witness) (quoting Marshall v. Buttonwood Bay Condo. Ass’n, 118 So. 3d 901, 903 (Fla. 3d DCA 2013)). In this petition, Supermix contends that the trial court departed from the essential requirements of the law because it failed to make any finding of good cause for quashing the subpoena and issuing an order prohibiting…

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