G. H. CRAWFORD CO. FINANCIAL SERVICES, A SOUTH CAROLINA COMPANY, AND L. N. WEISSER, APPELLANTS,
v.
IVAN J. GOCH, APPELLEE

Fla. 3d DCA | 1974-03-19
No. 73-1530
Before CARROLL, HENDRY and HAVERFIELD, JJ.
292 So. 2d 54 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 10 cases

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Synopsis

Crawford Company Financial Services and L.N. Weisser appealed an order denying their motion to quash discovery requests and objections to interrogatories in a case where plaintiff Goch sought discovery regarding a stock sale dispute. The court held that discovery regarding an accounting must be deferred until the plaintiff establishes his right to an accounting, not the amount thereof.


Holding

Discovery as to an accounting must be deferred until the preliminary issue of the right to the accounting is settled. The court reversed the trial court's order granting production and overruling objections to interrogatories 4, 5, 6, 8, and 13, which sought information only relevant to the amount of any sums due, not to the right to an accounting.


Headnotes

[1] Discovery regarding an accounting must be deferred until the preliminary issue of the right to an accounting is settled.

[2] Interrogatories and requests for production of documents are improper if they seek information relevant only to the amount of damages or an accounting, rather than to est…

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Key Quotes

“It is well established in this jurisdiction that discovery as to an accounting must be deferred until the preliminary issue of the right to the accounting is settled.”

States the controlling legal principle regarding when discovery regarding accounting may be sought.

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Facts & Procedural History

On December 28, 1968, plaintiff Ivan Goch and defendant L.N. Weisser sold their stock in Highlands County Title and Guaranty Land Company to Samuel Zo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellants take this interlocutory appeal to review the court’s order denying their motion to quash and objections to interrogatories.

On December 28, 1968 plaintiff Ivan Goch and defendant L.

N. Weisser sold their stock in the Highlands County Title and Guaranty Land Company to Samuel Zorovich and as part of the consideration therefor took back promissory notes reflecting their respective interests in the stock of the corporation. On the same date Goch and Weisser entered into a memorandum agreement regarding the sale of the above stock.

In November 1970, plaintiff Goch filed a complaint seeking a pure bill for discovery against L.

N. Weis-ser and G.

H. Crawford Company Financial Services and attached thereto the memorandum agreement. Plaintiff alleged therein that he believed the defendants Weisser and Crawford Company had conspired to interfere with his rights under the attached agreement., resulting in a breach thereof by Weisser. Goch further alleged that certain facts and documents in relation thereto were in the exclusive possession of the defendants and thereupon prayed that the court grant discovery upon these matters in order that complainant might commence an action against the defendant-appellants. In response thereto, defendants filed a motion to dismiss the complaint. That motion was denied and the denial thereof was affirmed on appeal (Fla.App., 247 So. 2d 763). Thereafter, defendants filed an answer and discovery began.

In October 1973, plaintiff filed a request for the production of certain books and records of G.

H. Crawford Company and an accounting regarding its purchase of Highlands County Title and Guaranty Land Company or the stock thereof and, in addition, requested the tax returns of Crawford Company for the years 1968 through 1972 inclusive. Plaintiff also propounded certain interrogatories to L.

N. Weisser regarding payments received pursuant to the memorandum agreement and contributions made to and/or received from Crawford Company and Highlands County Title and Guaranty Land Company. Objections thereto were filed by the defendants along with a motion to quash the request for production. The objections and motion to quash were denied and this appeal followed.

On appeal, appellants contend that it was error for the court to have denied their motion to quash and objections to certain interrogatories in that the appellee thereby was granted in effect an accounting before he first established his right thereto. We find merit in this contention.

It is well established in this jurisdiction that discovery as to an accounting must be deferred until the preliminary issue of the right to the accounting is settled. Charles Sales Corp. v. Rovenger, Fla.1956, 88 So. 2d SSI and 10 Fla.Jur.Dis-covery and Depositions § 8 (1973) and cashes cited therein. After a close scrutiny of the record we have determined that the answers to interrogatories 4, S, 6, 8 and 13 propounded to L.

N. Weisser and the items required to be produced could only have relevance as to the amount of any sums that might be due the plaintiff in an accounting and not to the isssue of the plaintiff’s right to an accounting. Cf. Cay Construction Company v. Conlee Construction Company, Fla.App.1967, 200 So. 2d 563.

Thus, we reverse the order of the trial court granting appellee’s motion to produce and overruling appellants’ objections to interrogatories 4, S, 6, 8 and 13.

However, we affirm that part of the order which denied appellants’ objections to interrogatories 3 and 7.

Accordingly, the order herein appealed is affirmed in part, reversed in part and remanded with directions.

It is so ordered.


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Citator

Cited By

  • Arthur Fennieston, Inc. v. Pratt, 673 So. 2d 560 (Fla. 3d DCA 1996)
    …nting must be deferred until the preliminary issue of the right to an accounting is settled.” Drs. Weiland, Keiser, Jones, Shufflebarger, Cooper, P.A v. Tindall, 372 So. 2d 505, 506 (Fla. 3d DCA 1979); see also G.H. Crawford Co. Fin. Servs. v. Goch, 292 So. 2d 54, 55 (Fla. 3d DCA 1974). As to petitioners’ second contention that the requested documents were subject to the trade secret privilege, we further find that the trial court’s order departed from the essential requirements of the law where it containe…
  • DRS. Weiland v. Robert L. Tindall, M.D., 372 So. 2d 505 (Fla. 3d DCA 1979)
    …shed that discovery as to an accounting must be deferred until the preliminary issue of the right to accounting is settled. International Business Machines Corp. v. Elder, 187 So. 2d 82 (Fla. 3d DCA 1966) and Crawford Co. Financial Services v. Goch, 292 So. 2d 54 (Fla. 3d DCA 1974). For the reasons stated the petition for certiorari is granted and the order under review is quashed.…
  • ALY Handbags, Inc. v. Ira Rosenfeld, 305 So. 2d 56 (Fla. 3d DCA 1974)
    …67, 200 So. 2d 563; A-1 Truck Rentals, Inc. v. Vilberg, Fla.App.1969, 222 So. 2d 442; O’Shaughnessy v. Kelley, Fla.App.1970, 237 So. 2d 335; Wood v. Brackett, Fla.App.1972, 266 So. 2d 398; G. H. Crawford Co. Financial Services v. Goch, Fla.App.1974, 292 So. 2d 54. Therefore, this cause is reversed and remanded to the trial court for further proceedings consistent herewith. Reversed and remanded.…

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