AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DRS. WEILAND, KEISER, JONES, SHUFFLEBARGER, COOPER, P.A. D/B/A CORAL GABLES ORTHOPEDIC ASSOCIATES, PETITIONERS, v. ROBERT L. TINDALL, M.D., RESPONDENT.

PER CURIAM.

Petitioners seek review of an order denying their motion for protective order with respect to the production of certain items subpoenaed by the respondent.

This proceeding arose out of a dispute between the parties regarding compensation and stock purchase matters. There is a suit pending in which petitioners are suing respondent and respondent has answered and also filed a counterclaim against the petitioners seeking an accounting from the petitioners.

In order to obtain discoverable evidence to establish his counterclaim, respondent sought production of certain books and records belonging to the petitioners. Respondent served a request to produce on the petitioners and subpoenas duces tecum were served on various employees of the petitioners.

The petitioners and its employees moved for a protective order with respect to certain of the items on the grounds, inter alia, that it was premature for the trial court to order the production of the documents requested before a preliminary determination was made as to respondent's right to an accounting. The trial court disagreed and denied the petitioners' motion for protective order.

Petitioners contend that the trial court departed from the essential requirements of law and that they will not have full and adequate remedy by appeal after final judgment. We agree.

It is well established 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.

Use AI to get other relevant cases.

Comments

DRS. WEILAND, KEISER v. TINDALL
(Jul 18, 1979)