CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, PETITIONER,
v.
CUSHMAN AND WAKEFIELD OF PENNSYLVANIA, INC., RESPONDENT

Fla. 2d DCA | 1989-01-27
No. 88-3071
DANAHY, A.C.J., and HALL and ALTENBERND, JJ„ concur.
537 So. 2d 689 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases
Topics
Relevance In Discovery Writ Of Certiorari

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a petition for writ of certiorari to review an order which required the petitioner to produce records of loan transactions that are not related to the pending case. After reviewing the record and arguments advanced by counsel, we have determined that the trial court’s order, at this stage of the proceedings, departs from the essential requirements of law. There has been no showing that this evidence is relevant or reasonably calculated to lead to relevant evidence. This decision should not foreclose the respondent from again seeking this information after further discovery and a proper showing of relevancy and necessity.

Accordingly, we grant the petition, quash the trial court’s order, and remand for further proceedings.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fed. Deposit Ins. Corp. v. Caron J. Balkany, 564 So. 2d 580 (Fla. 3d DCA 1990)
    …cuments, or actually finding a misplaced document. It was error for the trial court to order production of records of loan transactions not related to the pending case. City Federal Savings & Loan Ass’n v. Cushman & Wakefield of Pennsylvania, Inc., 537 So. 2d 689 (Fla. 2d DCA 1989). Production of those documents implicates privacy rights of persons not aware of the intrusion, and not connected in any way to the transaction at issue.2 The rule that allows a party to request production of its opponent’s record…

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