ANTHONY F. BALZEBRE AND DOROTHY BALZEBRE, APPELLANTS,
v.
PHILIP ANDERSON ET AL., APPELLEES
Explore caselaw by topic → Browse Discovery cases and more on FLexlaw
PER CURIAM.
The plaintiffs-counterdefendants bring this interlocutory appeal from a circuit court order requiring them to respond to a request to produce. The request to produce describes “a net worth statement reflecting their assets, liabilities and net worth”. The order granting the motion states “ . . . that ANTHONY F. BALZEBRE and DOROTHY BAL- ZEBRE shall produce the materials sought in the Request to Produce . . The basis for the request to produce was appel-lees’ claim to punitive damages in its counterclaim.
We hold that the order is too broad in that a party may not be required to produce documents which it does not have and which are not shown to exist. See Fryd Construction Corporation v. Freeman, Fla.App.1966, 191 So. 2d 487. Accordingly, the order appealed is reversed without prejudice to appellees’ proceeding with discovery to establish the existence of the document or documents they wish to have identified and produced.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994)…Fla.Stat. (1993); see Crandall v. Michaud, 603 So. 2d 637 (Fla. 4th DCA 1992). . Clearly, a trial court has no authority to order the discovery of nonexistent records. Bissell Bros. v. Fares, 611 So. 2d 620 (Fla. 2d DCA 1993); Balzebre v. Anderson, 294 So. 2d 701 (Fla. 3d DCA 1974). . Here, the disclosures made by Dr. Glatzer, in fact, exceed that which we have outlined. Dr. Glatzer gave an estimate for the total number of IME's performed each year, compared with the total patient load, and also provided an…
-
LeJEUNE v. Aikin, 624 So. 2d 788 (Fla. 3d DCA 1993)…ees, but no records are kept as to whom such money is paid and for what year. Clearly, a trial court has no authority to order the discovery of nonexistent records. See Bissell Bros. v. Fares, 611 So. 2d 620 (Fla. 2d DCA 1993); Balzebre v. Anderson, 294 So. 2d 701 (Fla. 3d DCA 1974). The petition for a writ of certiorari is granted, the orders under review are quashed, and the cause is remanded to the trial court for further proceedings. It is so ordered. HUBBART and JORGENSON, JJ., concur. . Abdel-Fattah…
-
Bissell Bros., Inc. v. Fares, 611 So. 2d 620 (Fla. 2d DCA 1993)…nted the motions to compel discovery of three items. We find that the order departed from the essential requirements of law by directing Drs. McFall and Slomka to produce items that were not shown to be in existence. See e.g. Balzebre v. Anderson, 294 So. 2d 701 (Fla. 3d DCA1974). At his deposition, Dr. McFall testified that the three items he was compelled to produce, 1099 forms, appointment calendars for three years and time records on this particular case, did not exist. Dr. Slomka testified that he thre…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fryd Constr. Corp. v. Freeman, 191 So. 2d 487 (Fla. 3d DCA 1966)