STANTON INVESTMENT COMPANY OF MISSOURI, INC., APPELLANT,
v.
LOUIS SIMON ET AL., APPELLEES
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Stanton Investment Company appealed a trial court order requiring production of documents for inspection and copying in a dispute involving real property possession, mail collection, and accounting of funds. The appellate court quashed the discovery order, holding that the trial court must first determine whether appellees have a right to an accounting before ordering production of related documents.
The court held that the trial court erred in ordering document production without first determining appellees' right to an accounting. A mere conclusory statement that documents constitute or contain evidence on contested issues does not satisfy the 'good cause' requirement. Documents establishing the right to an accounting may be subject to discovery upon proper motion, but the court must first resolve the threshold issue of whether an accounting right exists before ordering production of accounting-related documents.
[1] A trial court must determine a party's right to an accounting before ordering discovery related to that accounting.
[2] A conclusory statement alleging that requested documents constitute or contain evidence on contested issues does not satisfy the "good cause" requirement for discovery under F.R.C.P. …
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Join FLexlaw to unlock all legal intelligence“Prior to granting appellees' motion to produce, appellant argues, and we agree, that the trial court should have determined whether appellees had a right to an accounting.”
Establishes the core holding that the threshold issue of accounting rights must be determined before discovery can be ordered.
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Join FLexlaw to unlock all legal intelligenceStanton Investment Company filed suit for trespass to real property and damages. Appellees counterclaimed seeking declaratory relief regarding possess…
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This action began when appellant filed suit alleging trespass to real property and seeking damages thereon. Appellees counterclaimed asking for declaratory relief concerning the right to possession of certain real property, an injunction against collecting appellees’ mail by appellant, an accounting of funds over an extended period of time, an injunction against using water and gas and for damages. Appellant filed a supplement to its original complaint which additionally asks for declaratory relief in connection with right to possession of the real property that was requested by appel-lees, an injunction precluding the use of the name “The Jamaica Royale” and for damages for violation of the latter right claimed by appellant.
*558Subsequently and upon appellees’ motion, the trial court entered an order requiring appellant to produce certain documents, books, records and papers for inspection and copying, of which appellant now seeks review.
Prior to granting appellees' motion to produce, appellant argues, and we agree, that the trial court should have determined whether appellees had a right to an accounting. Charles Sales Corp. v. Rovenger, Fla.1956, 88 So.2d 551. It appears from the record on appeal that the trial court failed to determine such right; therefore, the discovery sought by appellees must be deferred until this preliminary issue is settled.
Proceeding to the substance of the motion itself, a mere conclusory statement alleging that:
“As grounds therefore, the Plaintiff shows unto the Court:
1. All of the above items requested constitute or contain evidence on the contested issues.
2. All of the above requested documents may reveal relevant and material evidence on the contested issues.”
does not satisfy the requirements of F.R.C.P. 1.350, 30 F.S.A. as to “good cause.” Grand Union Company v. Patrick, Fla.App.1971, 247 So.2d 474; accord, Seaboard Air Line R. Co. v. Timmons, Fla.1952, 61 So.2d 426. Also, appellees’ argument that reference to their counterclaim should be sufficient to disclose a need or cause for the documents sought to be produced is without merit. Grand Union Company v. Patrick, supra.
Accordingly, those documents which would establish appellees' right to an accounting may be made subject to discovery upon appellees’ motion showing “good cause” as discussed above. Cay Construction Co. v. Conlee Construction Company, Fla.App.1967, 200 So.2d 563. Through their use the court must then dispose of the first issue, that being appellees’ right to an accounting, before it can order appellant to produce those documents relating solely to the accounting itself.
The order is quashed and the cause is remanded for further proceedings not inconsistent with this opinion.
MANN and McNULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wood v. Brackett, 266 So. 2d 398 (Fla. 1st DCA 1972)…o an accounting. This issue must be decided first before the court can enter orders requiring production of documents related solely to the second issue, the accounting itself. In the more recent case of Stanton Investment Co. of Missouri v. Simon, 255 So. 2d 557 (Fla.App.1971) a plaintiff filed an action in trespass and the defendant counterclaimed for an accounting and other relief. The trial court entered an order requiring the plaintiff to produce certain documents, records, and papers. In its decision q…
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David v. Tansill, 297 So. 2d 84 (Fla. 4th DCA 1974)…concluded that discovery as to an accounting must be deferred until the preliminary issue of the right to an accounting is settled. This case has been followed by Wood v. Brackett, 266 So. 2d 398 (Fla.App.1972); Stanton Investment Company v. Simon, 255 So. 2d 557 (Fla.App.1971); Boyd v. Walker, 251 So. 2d 332 (Fla.App.1971); A-1 Truck Rentals, Inc. v. Vilberg, 222 So. 2d 442 (Fla.App.1969); Armstrong v. Piatt, 201 So. 2d 830 (Fla.App.1967) and cases cited therein. In the instant case, items set forth in num…
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Giammaresi v. Greer Parker, 326 So. 2d 243 (Fla. 4th DCA 1976)…ed until the preliminary issue of the right to an accounting is settled. This case has been followed by David v. Tansill, 297 So. 2d 84 (Fla.App.1974); Wood v. Brackett, 266 So. 2d 398 (Fla.App.1972); Stanton Investment Company of Missouri v. Simon, 255 So. 2d 557 (Fla.App.1971); Boyd v. Walker, 251 So. 2d 332 (Fla.App.1971); A—1 Truck Rentals, Inc. v. Vilberg, 222 So. 2d 442 (Fla.App.1969); Armstrong v. Piatt, 201 So. 2d 830 (Fla.App.1967), and cases cited therein. In the instant case, we conclude that the…
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
- Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla. 1956)
- Seaboard Air Line R. Co. v. Timmons, 61 So. 2d 426 (Fla. 1952)
- NEW Jersey Mfrs. Ins. Co. v. Barlow, 247 So. 2d 474 (Fla. 1st DCA 1971)
- CAY Constr. Co. v. Conlee Constr. Co., 200 So. 2d 563 (Fla. 4th DCA 1967)