BANK OF AMERICA, N.A.
v.
BCML HOLDING, LLC
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Discovery orders must be limited to matters relevant to the litigation as framed by the parties' pleadings, and a trial court abuses its discretion by ordering discovery of unrelated materials.
[1] Discovery must be limited to matters relevant to the litigation as framed by the parties' pleadings, and a trial court abuses its discretion by ordering discovery of unre…
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Join FLexlaw to unlock all legal intelligence“Discovery is limited to those matters relevant to the litigation as framed by the parties' pleadings.”
Court citing Rousso v. Hannon, 146 So. 3d 66, 69 (Fla. 3d DCA 2014)
Bank of America sought certiorari review of a trial court order requiring production of specific discovery materials in litigation against BCML Holdin…
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Opinion filed May 26, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1630 Lower Tribunal No. 16-19168
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Bank of America, N.A.,
Petitioner,
vs.
BCML Holding, LLC, et al., Respondents.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, William Thomas, Judge. Liebler, Gonzalez & Portuondo, and Adam J. Wick, for petitioner. Jacobs Legal, PLLC, and Bruce Jacobs; Wesoloski Carlson, P.A., and Erik D. Wesoloski, for respondents. Before HENDON, GORDO and BOKOR, JJ. HENDON, J. Upon consideration, we grant Bank of America’s Petition for Writ of Certiorari, and quash the trial court’s November 3, 2020, order with respect to the specific discovery materials that are the subject of this petition.1 See Bank of New York Mellon v. Figueroa, 299 So. 3d 430 (Fla. 3d DCA 2019) (quashing a trial court’s order allowing discovery of unrelated loans and lawsuits); Rousso v. Hannon, 146 So. 3d 66, 69 (Fla. 3d DCA 2014) (“Discovery is limited to those matters relevant to the litigation as framed by the parties' pleadings.”).
Petition for Writ of Certiorari granted, order quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Bank of Am., N.A. v. Bcml Holding, LLC, 299 So. 3d 430 (Fla. 3d DCA 2021)…ration, we grant Bank of America’s Petition for Writ of Certiorari, and quash the trial court’s November 3, 2020, order with respect to the specific discovery materials that are the subject of this petition.1 See Bank of New York Mellon v. Figueroa, 299 So. 3d 430 (Fla. 3d DCA 2019) (quashing a trial court’s order allowing discovery of unrelated loans and lawsuits); Rousso v. Hannon, 146 So. 3d 66, 69 (Fla. 3d DCA 2014) (“Discovery is limited to those matters relevant to the litigation as framed by the partie…
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Bank of Am., N.A. v. 37c Team, LLC (Fla. 3d DCA 2022)…hat are the subject of this petition, the trial court’s order denying in part Bank of America’s motion for protective order departs from the essential requirements of the law, thereby causing irreparable injury. See Bank of N.Y. Mellon v. Figueroa, 299 So. 3d 430 (Fla. 3d DCA 2019); Rousso v. Hannon, 146 So. 3d 66 (Fla. 3d DCA 2014); see also Bank of Am., N.A. v. BCML Holding, LLC, 319 So. 3d 786 (Fla. 3d DCA 2021). Therefore, we grant the petition for writ of certiorari and quash the order. Petition grante…
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Onward Living Recovery Cmty., LLC v. Mormeneo (Fla. 3d DCA 2021)…the discovery order was a departure from the essential requirements of law resulting in a material injury that will affect the remainder of the proceedings below and the injury cannot be corrected on appeal.” Bank of New York Mellon v. Figueroa, 299 So. 3d 430, 433 (Fla. 3d DCA 2019) (citing Allstate Ins. Co. V. Langston, 655 So. 2d 91, 94-95)). Petitioner meets this standard 3 of irreparable harm as the production of work product protected materials constitutes impermissible “cat out of the bag” p…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rousso v. Hannon, 146 So. 3d 66 (Fla. 3d DCA 2014)
- Bank of Am., N.A. v. Bcml Holding, LLC, 299 So. 3d 430 (Fla. 3d DCA 2021)