Michaux v. May

49 Fla. Supp. 131
CourtCircuit Court of the 17th Judicial Circuit of Florida, Broward County
DecidedFebruary 7, 1979
DocketNo. 78-13783
StatusPublished

This text of 49 Fla. Supp. 131 (Michaux v. May) is published on Counsel Stack Legal Research, covering Circuit Court of the 17th Judicial Circuit of Florida, Broward County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michaux v. May, 49 Fla. Supp. 131 (Fla. Super. Ct. 1979).

Opinion

J. CAIL LEE, Circuit Judge.

Final judgment granting writ of certiorari: This cause came on for consideration upon a petition for writ of certiorari to the county court in which the petitioner, plaintiff below, is seeking to quash an order of the county court restricting the scope of discovery of the respondent’s financial resources.

On October 12, 1978, this court issued an order to show cause to which the respondent, defendant below, failed to respond. On January 26, 1979, a hearing was held at which counsel for the petitioner presented oral argument. The respondent, although he had been given notice of the hearing, failed to appear.

The court has considered the petition, appendix, and memorandum of law, and, being fully advised in the premises, makes the following —

Findings of fact

1. The action below was filed in the county court in and for Broward County as a landlord-tenant action for abuse of access, illegal eviction, replevin, conversion, and return of security deposit.

2. In her complaint, the petitioner alleged that she had sustained actual damages in the amount of approximately $750, and she also prayed for an award of punitive damages.

3. The respondent, in his answer, demanded a trial by jury.

4. Pursuant to Rule 1.350, Florida Rules of Civil Procedure, the petitioner filed a request for production of documents, which sought discovery to lay the foundation for an award of punitive damages.

5. The respondent filed a motion for a protective order.

6. The trial court, in part denying and in part granting the motion, ordered that the respondent be required to produce evidence of his net worth only up to the amount of $2,500 — the jurisdictional limit of the county court — in satisfaction of the petitioner’s request for discovery in connection with the issue of punitive damages.

7. The respondent then filed a copy of a deed to a piece of property owned by him and allegedly having a net value in excess of the mortgage against it of approximately $17,000.

8. The petitioner filed a motion for reconsideration supported by a memorandum of law. The trial court, having heard oral arguments of the parties, agreed that the respondent had complied with [133]*133the petitioner’s request and with the order of the court and denied the petitioner’s motion.

9. Pursuant to Rule 9.100, Florida Rules of Appellate Procedure, the petitioner then filed the petition for writ of certiorari which raises the issues here presented.

Conclusions of law

Two issues are before this court —

(I) In a case in which a prayer for punitive damages will be presented to a jury, did the order of the county court, limiting the scope of the petitioner’s discovery regarding the financial resources of the respondent to a maximum sum of $2,500, represent a departure from the essential requirements of law which may cause injury to the petitioner throughout the remainder of the proceedings and for which there will be no adequate remedy on appeal?

(II) Did the trial court abuse its discretion in so restricting the scope of the petitioner’s discovery?

I

The precise question raised is one of first impression in Florida. It turns upon the validity of the trial court’s limitation of discovery to a fixed sum, equal to the jurisdictional limit of the county court, above which the petitioner has been prohibited from making discovery — a monetary ceiling, in effect, placed by order of the court upon the petitioner’s investigation of the respondent’s net worth.

Under Florida law, it is not necessary that an award of punitive damages bear a reasonable relationship to the actual damages sustained. Wackenhut v. Canty, 359 So.2d 430, 436 (Fla. 1978). Such an award, however, must bear some relation to the amount that a defendant is able to pay. Lassitter v. International Union of Operating Engineers, 349 So.2d 622, 626 (Fla. 1976). In arriving at a calculation of a defendant’s net worth, a jury is entitled to consider, and a petitioner is allowed to discover, such sources as income tax returns, bank accounts, depositories, present and recent ownership of property and its value, and any interests the defendant had in various business arrangements over a reasonable period of time. Donahue v. Hebert, 355 So.2d 1264, 1265-66 (Fla. 4th DCA 1978).

The appendix reflects that the discovery sought by the petitioner in her request for production of documents conformed to those sources catalogued as “routine inquiries for every knowledgeable trial lawyer in cases in which the financial resources of a party is a relevant issue.” Donahue v. Hebert, supra, at 1265. The search for concealed or forgotten assets lies at the heart of the discovery process. Id.

[134]*134. The petitioner argues (1) that by placing a monetary ceiling on the scope of her discovery, the trial court has limited her possibility of recovery of punitive damages to a fraction not of the respondent’s net worth but to a fraction of $2,500, a sum predetermined by the order of the trial court; and (2) that by limiting the kinds of discovery she is allowed to make, the order of the trial court has curtailed her ability to prove her right to punitive damages as well, by preventing her from discovering, through records largely obtainable only from the respondent, evidence of similar transactions he may have had with other tenants like herself. See: Continental Mortgage Investors v. Village by the Sea, Inc., 252 So.2d 833, 834-35 (Fla. 4th DCA 1971). While the rule ordinarily is that evidence of this sort is not admissible, it may be offered to prove intentional acts and prior course of conduct. See: Gard. Florida Evidence, Rules 90 and 92, and cases cited.

The respondent argued before the trial court that, inasmuch as an award of punitive damages in this case could not in any event exceed the sum of $2,500, he had satisfied the order of the court by voluntarily placing into the court file a copy of a deed to a piece of property owned by him and alleged by him to have a net worth of $17,000. The question arises: does this act by the respondent substitute for the liberal discovery afforded by Rule 1.280(b) of the Florida Rules of Civil Procedure, especially in view of the fact that this is an action in which the financial ability of the respondent is an important element entering into the determination of an award of punitive damages? It seems clear that it does not. In Parker v. Parker, 182 So.2d 498 (Fla. 4th DCA 1966), a husband, in an effort to bridle his wife’s attempt at discovery of his assets, filed a written admission and stipulation of fact to the effect that he was worth several million dollars and was well able to provide for the needs of his wife and minor child. In that case, the Fourth District Court of Appeal, affirming the decision of the lower court, held that the wife was entitled to make discovery of his assets, and that the court did not look with favor on the husband’s attempt to substitute his own secondary non-verifiable conclusion for primary detailed facts that would be elicited by the wife’s discovery. Id. at 500. While the protective order sought in Parker would have completely

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Related

Orlowitz v. Orlowitz
199 So. 2d 97 (Supreme Court of Florida, 1967)
Lassitter v. Intern. Union of Op. Engin.
349 So. 2d 622 (Supreme Court of Florida, 1977)
CONTINENTAL MTG. INVEST. v. Village by the Sea, Inc.
252 So. 2d 833 (District Court of Appeal of Florida, 1971)
Murray Van & Storage, Inc. v. Murray
343 So. 2d 61 (District Court of Appeal of Florida, 1977)
Donahue v. Hebert
355 So. 2d 1264 (District Court of Appeal of Florida, 1978)
Castlewood International Corporation v. LaFleur
322 So. 2d 520 (Supreme Court of Florida, 1975)
Wackenhut Corp. v. Canty
359 So. 2d 430 (Supreme Court of Florida, 1978)
Parker v. Parker
182 So. 2d 498 (District Court of Appeal of Florida, 1966)

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Bluebook (online)
49 Fla. Supp. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michaux-v-may-flacirct17bro-1979.