NATIONAL SHIRT SHOPS, INC., A FOREIGN CORPORATION, ET AL., PETITIONERS,
v.
HIS & HERS, INC., A FLORIDA CORPORATION, RESPONDENT
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COBB, Judge.
The petitioner, National Shirt Shops, Inc., has petitioned this court for certiorari review seeking to quash a discovery order entered by the Circuit Court of Seminole County on February 20, 1984. Jurisdiction is predicated upon Florida Rule of Appellate Procedure 9.030(b)(3) and Article V, Section 4(b)(3) of the Florida Constitution.
The order herein compels petitioner to disclose financial information relating to the claim of the respondent, plaintiff below, for an accounting in an action for violation of the Florida trademark statute. Previously, we have granted certiorari in analogous cases wherein there was a court order for premature production of financial information. See Fast Colonial Refuse Service, Inc. v. Velocci, 416 So. 2d 1276 (Fla. 5th DCA 1982); Ponte Vedra Recorder, Inc. v. Carpenter, 401 So. 2d 834 (Fla. 5th DCA 1981). This case cannot be distinguished from those.
Accordingly, we grant certiorari and quash the order of February 20, 1984, for the reason that it does not conform to essential requirements of law and may cause material injury throughout subsequent proceedings for which remedy by appeal would be inadequate.
PETITION GRANTED; ORDER QUASHED.
DAUKSCH and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…ential requirements of law, and the recognized remedy is a writ of certiorari quashing the order. Drs. Weiland, Reiser, Jones, Shufflebarger, Cooper, P.A. v. Tindall, 372 So. 2d 505 (Fla. 3d DCA 1979); National Shirt Shops, Inc. v. His & Hers, Inc., 451 So. 2d 892 (Fla. 5th DCA 1984); Harris v. Zeesman, 445 So. 2d 680 (Fla. 4th DCA 1984). Here the trial court made no explicit finding that respondent is entitled to an accounting. But respondent’s complaint alleged, and petitioner’s answer admitted, that the p…
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OIL Conservationists, Inc. v. Judd Gilbert, 471 So. 2d 650 (Fla. 4th DCA 1985)…4 Ill. 440, 89 N.E. 2d 374 (1949). While there does not appear to be case law directly on point, petitioners cite case law, in cases seeking accounting, for purposes of analogy. The latest of these is National Shirt Shops, Inc. v. His & Hers, Inc., 451 So. 2d 892 (Fla. 5th DCA 1984). The opinion in full is as follows: COBB, J. The petitioner, National Shirt Shops, Inc., has petitioned this court for certio-rari review seeking to quash a discovery order entered by the Circuit Court of Seminole County on Feb…
Authorities Cited
- E. Colonial Refuse Serv., Inc. v. Velocci, 416 So. 2d 1276 (Fla. 5th DCA 1982)
- Ponte Vedra Recorder, Inc. v. Jot Thomas Carpenter, 401 So. 2d 834 (Fla. 5th DCA 1981)