MARY ANN WALLY, PETITIONER,
v.
NATIONAL CITY MORTGAGE CO., LUCILLE ZEOLI AND ANTONIO MORALES, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that it lacks jurisdiction to review a discovery order via certiorari because there is an adequate remedy on appeal from the final judgment.
Petitioner sought to depose a bank officer in Florida, but the officer resided in Ohio. The trial court granted a protective order preventing the depo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adequate Remedy On Appeal cases and more on FLexlaw
[*445] KLEIN, J.
Petitioner’s mortgage is in foreclosure. The bank records custodian and vice-president filed an affidavit reflecting that the mortgage was in default and the amount owed. Petitioner noticed the deposition of this witness in Florida, but the witness responded with a motion for protective order stating that she resides in Ohio and is employed by the lender in Ohio. The trial court granted the motion for protective order without explanation.
Petitioner has cited no authority which would support certiorari review of this order, which is not surprising since this court does not review by certiorari orders refusing to allow discovery. Barrett v. Callaway, 842 So. 2d 1056 (Fla. 4th DCA 2003). Although this order is contrary to the well-established rule that the officer of a plaintiff corporation is required to attend a deposition in the forum where the action is pending, Ormond Beach First National Bank v. J.M. Montgomery Roofing Co., 189 So. 2d 239 (Fla. 1st DCA 1966), such an error can be corrected on appeal from final judgment. Accordingly, the no adequate remedy on appeal requirement for certiorari, Allstate Insurance Co. v. Langston, 655 So. 2d 91 (Fla.1995), does not exist here.1
The petition is dismissed for lack of jurisdiction.
GUNTHER and STEVENSON, JJ., concur. . Given the nature of this case, it may be that the deposition could be accomplished by telephone; however, that would either require the plaintiff to agree to it by stipulation, rule 1.300(c), or the court to order it under rule 1.310(b)(7).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Whitney Info. Network v. Council OF Better Bus. Bureaus, Inc., 957 So. 2d 119 (Fla. 4th DCA 2007)…is dismissed for failure to establish any irreparable harm that cannot be remedied on direct appeal. Barrett v. Callaway, 842 So. 2d 1056 (Fla. 4th DCA 2003); Posner v. Posner, 940 So. 2d 524, 526 (Fla. 4th DCA 2006); Wally v. Nat’l City Mortg. Co., 867 So. 2d 444, 445 (Fla. 4th DCA 2004). FARMER and SHAHOOD, JJ., concur. KLEIN, J., concurs specially with opinion.…
Authorities Cited
- Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)
- Ormond Beach First Nat'l Bank v. J. M. Montgomery Roofing Co., Inc., 189 So. 2d 239 (Fla. 1st DCA 1966)
- Barrett v. Callaway, 842 So. 2d 1056 (Fla. 4th DCA 2003)
- Mogerman v. Sherwin, 842 So. 2d 1056 (Fla. 4th DCA 2003)