ADVENTURE MARINE AND OUTDOOR, INC., PETITIONER,
v.
LISA BRENNAN, BOMBARDIER CORPORATION, A FOREIGN CORPORATION, BOMBARDIER MOTOR CORPORATION OF AMERICA, A FOREIGN CORPORATION, AND TIMOTHY BRENNAN, RESPONDENTS
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PER CURIAM.
This petition for writ of certiorari seeks review of an order which granted a motion for protective order and denied a motion to compel production of photographs and videotapes. This is not a case where the trial court has prevented a litigant from deposing the other party or a material witness. See Beekie v. Morgan, 751 So. 2d 694 (Fla. 5th DCA 2000); Ruiz v. Steiner, 599 So. 2d 196 (Fla. 3d DCA 1992); Travelers Indemnity Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980). Nor does the discovery sought go to the heart of the case or a basic element of the cause of action for which there is no adequate substitute. See Carroll Contracting, Inc. v. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988); Marshall v. Anderson, 459 So. 2d 384 (Fla. 3d DCA 1984). The discovery issue sought to be reviewed may be remedied on final appeal, if necessary. Accordingly, the petition for writ of certiorari is denied. Esman v. Board of Regents of the State of Florida, 425 So. 2d 156 (Fla. 1st DCA 1983).
PETITION DENIED.
ERVIN, BENTON and POLSTON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. MacNAMARA, 833 So. 2d 299 (Fla. 1st DCA 2002)…otion for protection, and order denying Petitioner’s motion to compel, are quashed. BOOTH, MINER and KAHN, JJ„ concur. . Generally certiorari review is not granted for orders denying discovery. See Adventure Marine and Outdoor, Inc. v. Brennan, 807 So. 2d 780 (Fla. 1st DCA 2002). However, the parties have briefed the issue, and due to the highly unusual concession made by Respondent, we are not prohibited from deciding this issue.…
Authorities Cited
- Herman v. Herman, 751 So. 2d 694 (Fla. 3d DCA 2000)
- Spike von Zamft v. Heller, 425 So. 2d 156 (Fla. 3d DCA 1983)
- Ruiz v. Leonard Steiner, M.D., 599 So. 2d 196 (Fla. 3d DCA 1992)
- Brevard Cnty. & the Bd. of Cnty. Comm'rs of the Cnty. of Brevard v. Kimball, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Travelers Indem. Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Carroll Contracting, Inc. v. The Honorable William F. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988)
- Marshall v. Anderson, 459 So. 2d 384 (Fla. 3d DCA 1984)