Argus Fire & Casualty Insurance Co. v. Winn
Argus Fire & Casualty Insurance Co. v. Winn
Opinion of the Court
Argus Fire & Casualty Insurance Co. seeks certiorari review of a trial court order, which granted, in part, a motion to compel discovery filed by Kirtley and Judith Winn, the plaintiffs below. In their response, the Winns have confessed error with respect to interrogatory 11, and have agreed to withdraw it. Accordingly, we need not consider that matter further.
As to the remaining matters in dispute, while we agree with Argus that discovery in civil cases must be relevant to the subject matter of the case and must be admissible or reasonably calculated to lead to admissible evidence, Brooks v. Owens, 97 So.2d 693 (Fla. 1957), certiorari is only appropriate when a discovery order departs from the essential requirements of law, causing material injury to a petitioner throughout the remainder of the proceedings below and effectively leaving no adequate remedy on appeal. Allstate Ins. Co. v. Langston, 655 So.2d 91, 94 (Fla. 1995). Not every erroneous discovery order creates certiorari jurisdiction. Id.
CERTIORARI DENIED.
. It is difficult to ascertain that Argus will be harmed in any way by responding to the requested discovery except for the inconvenience normally associated with responding to any discovery dispute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.