Posner de Mildenberg v. Grancolombiana Corporacion Financiera, S.A.
Cases that cite this one
5 later published cases cite this decision.
- Amendments to the Florida Probate Rules (Fla. 2002)
- In re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure (Fla. 2021)
- In re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure (Fla. 2021)
- Delmonico v. Crespo (Fla. Dist. Ct. App. 2011)
- In re Amendments to the Florida Probate Rules (Fla. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We agree with the petitioner that the probate court departed from the essential requirements of law when it permitted contingent creditors to take pre-judgment discovery in aid of execution. See In re Estate of Shaw, 340 So.2d 491 (Fla. 3d DCA 1976). The caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample protection of their interests. See Gomez v. Jackson Memorial Hospital, 309 So.2d 564 (Fla. 3d DCA 1975). We, therefore, grant certiorari and quash the order denying petitioner’s motions for protective orders. We decline to review, however, the orders denying the petitioner’s motions for summary judgment. See, e.g., Harte v. Palm Beach Biltmore Condominium Association, Inc., 436 So.2d 444 (Fla. 4th DCA 1983); Vanco Construction, Inc. v. Nucor Corp., 378 So.2d 116 (Fla. 5th DCA 1980).
Certiorari granted; order denying petitioner’s motions for protective orders quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.