DR. JOAN MEMBERY A/K/A JOAN H. MEMBERY, A/K/A JOAN HATHAWAY MEMBERY, APPELLANT,
v.
HUBERT HAMMAC, BUILDER, APPELLEE
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PER CURIAM.
The appellant, Joan H. Membery, is the owner and the defendant in the trial court in a mechanic’s lien foreclosure action. The contract between the parties was upon a cost-plus basis. One of the costs alleged is labor in the amount of $15,940.50. Appellant noticed the taking of deposition and issued a subpoena duces tecum to the claimant plaintiff’s bookkeeper requesting payroll tax returns in order to controvert the amount of labor involved. The trial judge granted the plaintiff appellee’s motion to quash the subpoena and denied appellant’s motion to compel production of the records.
Appellee offers no reason to show that the records were not proper for discovery, but urges that failure to appeal a prior interlocutory order denying discovery of certain of the documents was res judicata.
The order appealed is reversed upon authority of Fla.R.Civ.P. 1.280(b)(1). Cf. Fryd Construction Corporation v. Freeman, 191 So. 2d 487 (Fla. 3d DCA 1966).
Reversed.
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…dant with requisite criminal intent aided and abetted his companions in the commission of a holdup; defendant made statement to police that he had no knowledge that any robbery was about to take place; robbery conviction reversed); Redding v. State, 357 So. 2d 483 (Fla. 3d DCA), cert, denied, 364 So. 2d 892 (Fla.1978) (state’s evidence deemed insufficient to link the defendant to the theft of certain property from a room previously leased by the defendant; defendant testified at trial that he moved out of the…
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J.C. v. State, 377 So. 2d 731 (Fla. 3d DCA 1979)…t an adjudication of delinquency. We disagree. The State’s case is based entirely upon circumstantial evidence and fails to exclude, as it must, every reasonable hypothesis of innocence. Mayo v. State, 71 So. 2d 899 (Fla.1954) and Redding v. State, 357 So. 2d 483 (Fla.3d DCA 1978). The victim’s testimony that the appellant had never been in the utility room is rather barren in view of his testimony that the appellant had had unlimited access in his home on many occasions. This is especially so when coupled,…
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Frank Medina Trading Co. v. Blanco, 553 So. 2d 285 (Fla. 3d DCA 1989)…that portion of the trial court’s order. See Graphic Assoc., Inc. v. Riviana Restaurant Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984); New Amsterdam Casualty Co. v. Utility Battery Mfg. Co., 122 Fla. 718, 166 So. 856 (1935); see also Membery v. Hammac, 357 So. 2d 483 (Fla. 3d DCA 1978) (payroll tax returns discoverable in mechanic’s lien action where amount of labor involved is at issue); Gollsneider v. Stein, 214 So. 2d 628 (Fla. 2d DCA 1968) (personal income tax return discoverable where lost wages at issue).…
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- Fryd Constr. Corp. v. Freeman, 191 So. 2d 487 (Fla. 3d DCA 1966)