RALPH B. TENNANT ET AL., PETITIONERS,
v.
SCOTT CHARLTON, RESPONDENT

Fla. | 1979-12-13
No. 55787
ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur.
377 So. 2d 1169 Florida Supreme Court (1979) Negative Treatment
Cited by 37 cases

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.

Synopsis

The Florida Supreme Court resolved a conflict between district courts regarding the scope of discovery of defendant's financial resources in punitive damages cases. The Court held that plaintiffs may discover defendants' tax returns and financial statements, but trial courts may impose protective orders to prevent harassment or undue burden, particularly when liability has not yet been established.


Holding

Defendants' financial resources, including tax returns and business statements, are subject to discovery in punitive damages cases and should not be placed in a special discovery category. However, trial courts may issue protective orders under Florida Rule of Civil Procedure 1.280(c) to protect parties from annoyance, embarrassment, oppression, or undue burden, particularly when no factual basis for punitive damages has yet been established.


Headnotes

[1] Discovery of a defendant's financial resources in a punitive damages case is not limited to a sworn statement of current assets and liabilities.

[2] A party seeking discovery of a defendant's financial resources may inquire into income tax returns and recent financial statements.

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Key Quotes

“there seems to be some confusion as to the proper direction and scope of discovery in determining the financial resources of a party in a law suit. Some authorities seem to suggest that a party can simply furnish a sworn statement of his current assets and liabilities to his opponent and thereby cut off any further aggressive inquiry into his true financial capacity to respond.”

Establishes why sworn statements alone are insufficient and justifies broader discovery of financial records.

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Facts & Procedural History

The case arose from conflicting decisions by Florida district courts on whether plaintiffs seeking punitive damages could discover defendants' tax ret…

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Opinion of the Court
ALDERMAN, Justice.

ALDERMAN, Justice.

We have for review the decision of the Second District in Charlton v. Tennant, 365 So. 2d 418 (Fla. 2d DCA 1978), which conflicts with the decision of the First District in Tallahassee Democrat, Inc. v. Pogue, 280 So. 2d 512 (Fla. 1st DCA 1973).

In these cases, the district courts reached conflicting conclusions as to the extent of “discovery” a plaintiff seeking punitive damages may make concerning the defendants’ financial resources. In Charlton v. Tennant, the Second District held that there is no reason to place financial worth of the defendants in a special category with regard to the discovery process, and it reversed the trial court’s order denying plaintiff’s access to the defendants’ tax returns and business statements.

The district court noted, however, that the trial court could limit such discovery pursuant to Florida Rule of Civil Procedure 1.280 to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. In Tallahassee Democrat, Inc. v. Pogue, the First District denied the plaintiff’s right to discover the defendant’s income tax returns [*MCCL] and profit and loss statements because it found that these documents would not necessarily portray a true picture of the defendant’s financial worth. The court did say, however, that a financial statement properly authenticated would be proper for the purpose of determining financial worth.

We approve the decision of the Second District in Charlton v. Tennant. In that case, the Second District relied upon the prior decision of the Fourth District in Donahue v. Hebert, 355 So. 2d 1264 (Fla. 4th DCA 1978). In Donahue, Judge Downey, speaking for the court, correctly identified the reasons why discovery of defendant’s financial resources in punitive damages cases should not be limited to a sworn statement of defendant’s current assets and liabilities:

[TJhere seems to be some confusion as to the proper direction and scope of discovery in determining the financial resources of a party in a law suit. Some authorities seem to suggest that a party can simply furnish a sworn statement of his current assets and liabilities to his opponent and thereby cut off any further aggressive inquiry into his true financial capacity to respond. We know from experience that one party frequently minimizes his financial ability to respond when it is an issue in a law suit, while the other party often has a tendency to inflate that same financial ability. Even under oath a party often seems to view another party’s financial resources as great or small in direct proportion to the benefit which will accrue to that party.

Thus, it is the height of naiveté to suggest that a sworn statement of one’s net worth must be accepted as the final word on that important subject. The search for forgotten or hidden assets is of the essence of the discovery process. The whereabouts of assets disclosed by a recent income tax return, or shown on a recent financial statement furnished in another situation when the current litigation was not envisioned is very definitely appropriate inquiry as is the bona fides of the recent disposition of assets. These are routine inquiries for every knowledgeable trial lawyer in cases in which the financial resources of a party is a relevant issue. One must be afforded reasonable latitude in double and cross checking a party’s statements about his current net worth. This, of course, can be done by reviewing income tax returns, recent financial statements, and the myriad of other sources of financial information. .

355 So. 2d at 1265.

In Donahue, the court also correctly recognized that the trial court should always be sensitive to the protection of a party from harassment and from an overly burdensome inquiry. Florida Rule of Civil Procedure 1.280(c) provides that for good cause shown, the trial court may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires.

The trial court should keep in mind that in most punitive damages cases, at the time plaintiffs are seeking discovery of defendants’ financial resources, there has not yet been a judicial determination of the defendants’ liability. If plaintiffs were allowed unlimited discovery of defendants’ financial resources in cases where there is no actual factual basis for an award of punitive damages, the personal and private financial affairs of defendants would be unnecessarily exposed and, in some cases, the threat of such exposure might be used by unscrupulous plaintiffs to coerce settlements from innocent defendants. In determining whether defendants’ motion for protective order under rule 1.280(c) is “for good cause shown,” the trial court may consider, among other things, whether or not an actual factual basis exists for an award of punitive damages.

Accordingly, the decision of the district court is approved.

It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur.


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Citator

Cited By (20 total)

  • Fla. Atl. Assocs. v. Belmont, 464 So. 2d 659 (Fla. 4th DCA 1985)
    …cedure, in the context of discovery of net worth where an issue of punitive damages is involved, the trial judge may consider, among other things, “whether or not an actual factual basis exists for an award of punitive damages,” Tennant v. Charlton, 377 So. 2d 1169 (Fla.1979), we deny the petition for writ of certiorari directed to an order limiting discovery in the lower court. LETTS, HERSEY and GLICKSTEIN, JJ., concur.…
  • Hartford Accident & Indem. Co. v. U.S.C.P. Co., 515 So. 2d 998 (Fla. 4th DCA 1987)
    …on the expense and burden of compliance with the request. Lastly, we think we should make it clear that at this juncture respondent has not made a request for discovery of private financial information. Therefore the holding in Tennant v. Charlton, 377 So. 2d 1169 (Fla.1979) and the cases pertaining to the discovery of financial information do not apply to the issues before us. We also note that the trial court, in determining whether good cause has been shown for a protective order, may consider, among other…
  • Donesta LAY and Larry Lay v. Kremer, 411 So. 2d 1347 (Fla. 1st DCA 1982)
    …y, instead ruling that a sworn net worth statement by Kremer would be provided if the evidence supported punitive damages. While there is some authority for this position, our Supreme Court has ruled to the contrary. The case of Tennant v. Charlton, 377 So. 2d 1169 (Fla.1979), held that a plaintiff was not required to accept on faith a defendant’s financial statement but was entitled to discovery as a check on the defendant’s credibility. We think that Tennant controls this case. Of course, the trial court has…

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