James v. James

542 So. 2d 486, 14 Fla. L. Weekly 1148, 1989 Fla. App. LEXIS 2561, 1989 WL 47156

• Court: District Court of Appeal of Florida
• Decided: May 10, 1989
• Docket: No. 88-2566
• Status: Published

Opinion

LETTS, Judge.

The petitioner seeks a writ of certiorari which would preclude the necessity of providing additional discovery in a dissolution proceeding involving a dispute over alimony, child support and custody. We grant the petition and reinstate the trial judge’s original order of August 8, 1988, which denied the motion to file the additional interrogatories.

We are of the opinion that the interrogatories in question constitute an “unfettered fishing expedition ... [which] will simply encourage the return of the fault concept to dissolution proceedings with all of its attendant atrocities.” Smith v. Bloom, 506 So.2d 1173, 1177 (Fla. 4th DCA 1987). See also Slatnick v. Leadership Housing Systems of Florida, 368 So.2d 78 (Fla. 4th DCA 1979).

CERTIORARI GRANTED.

STONE and WARNER, JJ., concur.