CYPRESS FOUNTAIN BEACH, INC. v. Chacon

District Court of Appeal of Florida

CYPRESS FOUNTAIN BEACH, INC. v. Chacon

33 So. 3d 825, 2010 Fla. App. LEXIS 5974, 2010 WL 1726255

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 2010

Docket5D09-4209

StatusPublished

This text of 33 So. 3d 825 (CYPRESS FOUNTAIN BEACH, INC. v. Chacon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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CYPRESS FOUNTAIN BEACH, INC. v. Chacon, 33 So. 3d 825, 2010 Fla. App. LEXIS 5974, 2010 WL 1726255 (Fla. Ct. App. 2010).

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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.

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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.

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33 So. 3d 825, 2010 Fla. App. LEXIS 5974, 2010 WL 1726255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cypress-fountain-beach-inc-v-chacon-fladistctapp-2010.

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