St. Andrews Country Club, Inc. v. Pearlstein

District Court of Appeal of Florida

St. Andrews Country Club, Inc. v. Pearlstein

705 So. 2d 143, 1998 Fla. App. LEXIS 1149, 1998 WL 52294

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 1998

DocketNo. 97-3247

StatusPublished

This text of 705 So. 2d 143 (St. Andrews Country Club, Inc. v. Pearlstein) 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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St. Andrews Country Club, Inc. v. Pearlstein, 705 So. 2d 143, 1998 Fla. App. LEXIS 1149, 1998 WL 52294 (Fla. Ct. App. 1998).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant the respondent’s motion for rehearing and substitute the following for the opinion issued on December 31,1997:

St. Andrews Country Club, Inc., petitions for certiorari relief from an order compelling it to produce extensive membership records, including application documents, to the plaintiffs, who sued the petitioner after being expelled from membership in the country club, in connection with that disciplinary action. We grant the petition.

The trial court granted broad discovery based on the entitlement of a member of a nonprofit corporation to corporate records; however, the records which the plaintiffs requested, production of which the trial court compelled, are ones as to which the member, must show are “directly connected with the member’s purpose.” § 617.1602(3)(c), Fla. Stat. (1997). In connection with this proceeding, the plaintiffs have conceded that the only records they need are (1) the social security numbers of all the members, in or[144]*144der to be able to conduct further investigation to determine which members have been convicted of felonies; and (2) the disciplinary records of all members.

We conclude that the trial court departed from the essential requirements of law to the extent that it compelled production under subsection 617.1602(2) without requiring the showing of direct connection under subsection 617.1602(3). Accordingly, we grant the petition, and quash the order compelling production. On remand, the trial court shall issue a new order compelling production which restricts production to those corporate records which are directly connected with the plaintiffs’ purpose.

POLEN, SHAHOOD and GROSS, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

We grant the respondent’s motion for rehearing and substitute the following for the opinion issued on December 31,1997:

St. Andrews Country Club, Inc., petitions for certiorari relief from an order compelling it to produce extensive membership records, including application documents, to the plaintiffs, who sued the petitioner after being expelled from membership in the country club, in connection with that disciplinary action. We grant the petition.

The trial court granted broad discovery based on the entitlement of a member of a nonprofit corporation to corporate records; however, the records which the plaintiffs requested, production of which the trial court compelled, are ones as to which the member, must show are “directly connected with the member’s purpose.” § 617.1602(3)(c), Fla. Stat. (1997). In connection with this proceeding, the plaintiffs have conceded that the only records they need are (1) the social security numbers of all the members, in or[144]*144der to be able to conduct further investigation to determine which members have been convicted of felonies; and (2) the disciplinary records of all members.

We conclude that the trial court departed from the essential requirements of law to the extent that it compelled production under subsection 617.1602(2) without requiring the showing of direct connection under subsection 617.1602(3). Accordingly, we grant the petition, and quash the order compelling production. On remand, the trial court shall issue a new order compelling production which restricts production to those corporate records which are directly connected with the plaintiffs’ purpose.

POLEN, SHAHOOD and GROSS, JJ., concur.

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Bluebook (online)

705 So. 2d 143, 1998 Fla. App. LEXIS 1149, 1998 WL 52294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-andrews-country-club-inc-v-pearlstein-fladistctapp-1998.