DOW CORNING CORPORATION, PETITIONER,
v.
ALLIBERT GARNER AND GEORGE M. GARNER, HER HUSBAND, AND KENNETH L. WINSLOW, RESPONDENTS

Fla. 4th DCA | 1982-12-29
Nos. 82-1835, 82-2170
HERSEY, DELL and WALDEN, JJ., concur.
423 So. 2d 1034 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 8 cases
Topics
Privileged Information Adequate Remedy On Appeal Scope Of Discovery Trade Secrets

Explore caselaw by topic → Browse Privileged Information cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, Dow Corning Corporation, by consolidated petitions for writ of certiorari, seeks review of two orders requiring production of documents.

We find the orders compelling discovery contain sufficient safeguards to protect petitioner from disclosure of work product, trade secrets, and other privileged information. However, in light of the broad scope of discovery sought by respondents, Allibert and George Garner, the trial court’s failure to condition discovery on the payment of petitioner’s reasonable expenses of making discovery constitutes a departure from the essential requirements of law with no adequate remedy by appeal. Schering Corporation v. Thornton, 280 So. 2d 493 (Fla. 4th DCA 1973).

Accordingly, we grant certiorari and direct the trial court to enter such further orders as may be necessary to conform to the requirements of Florida Rule of Civil Procedure 1.280(c).

CERTIORARI GRANTED.

HERSEY, DELL and WALDEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • DOW Corning Corp. v. Allibert Garner, 452 So. 2d 1 (Fla. 4th DCA 1984)
    …rial court issued two orders compelling discovery. We approved those orders as they contained “sufficient safeguards to protect petitioner from disclosure of work product, trade secrets and other privileged information.” Dow Corning Corp. v. Garner, 423 So. 2d 1034, 1035 (Fla. 4th DCA 1982). On February 8, 1983, the trial court changed the 1982 orders by substituting what we previously approved with what it considered an alternative safeguard. We granted Dow Coming’s petition for writ of certiorari and directe…
  • DOW Corning Corp. v. Allibert Garner, 435 So. 2d 987 (Fla. 4th DCA 1983)
    …PER CURIAM. Our opinion in Dow Corning Corporation v. Garner, 423 So. 2d 1034, 1035 (Fla. 4th DCA 1982), an earlier appearance before us of the instant case contained the following: We find the orders compelling discovery contain sufficient safeguards to protect petitioner from disclosure of work product, trade secrets, and…
  • Rinker Materials Corp. v. Navistar Int'l Transp. Corp., 654 So. 2d 279 (Fla. 4th DCA 1995)
    …ch order, for a hearing subsequent to the inspection. We recognize that this court has frequently mandated that expensive or burdensome production be conditioned upon advance payment of the expense to be incurred. E.g., Dow Corning Corp. v. Garner, 423 So. 2d 1034 (Fla. 4th DCA 1982); Korneffel v. South Broward Hosp. District, 431 So. 2d 742 (Fla. 4th DCA 1983). See also, Schering Corp. v. Thornton, 280 So. 2d 493 (Fla. 4th [*281] DCA 1973). However, in Sobering, we recognized that payment issues should be re…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw