Florida District Courts of Appeal, 2010

CYPRESS FOUNTAIN BEACH, INC. v. Chacon

CYPRESS FOUNTAIN BEACH, INC. v. Chacon
Florida District Courts of Appeal · Decided April 30, 2010 · Palmer, Evander, Jacobus
33 So. 3d 825; 2010 Fla. App. LEXIS 5974; 2010 WL 1726255 (Southern Reporter, Third Series)

CYPRESS FOUNTAIN BEACH, INC. v. Chacon

Opinion

PER CURIAM.

We deny the petition for writ of certio-rari, concluding that the trial court’s denial of petitioners’ discovery request did not constitute a material departure from the essential requirements of law that could not be remedied on plenary appeal. Palmer v. WDI Sys., Inc., 588 So.2d 1087 (Fla. 5th DCA 1991). Our denial is without prejudice to petitioners’ right to examine Ms. Herman, under oath, at a hearing on their motion to vacate partial final judgment and/or at a hearing on attorney’s *826 fees. Furthermore, our denial is without prejudice to petitioners’ right to serve a subpoena duces tecum on Ms. Herman requiring her to produce relevant, non-privileged documents at the above-referenced hearings.

Petition for Writ of Certiorari DENIED.

PALMER, EVANDER and JACOBUS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.