CARMINE E. GAZERRO, CARMINE M. GAZERRO AND ADVANCED HAIR PRODUCTS, INC., PETITIONERS,
v.
SCOTT CRANE AND INNOVATIVE HAIR RECOVERY CENTERS, INC., A FLORIDA CORPORATION, RESPONDENTS
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PER CURIAM.
Petitioners Carmine E. Gazerro, Carmine M. Gazerro and Advanced Hair Products, Inc., seek certiorari review of a discovery order on the ground that they have been ordered to produce trade secrets and confidential business information. We grant the petition because the trial court departed from the essential requirements of law in ordering the production without first conducting the requisite in camera inspection or evidentiary hearing, resulting in irreparable harm. See Docutek Imaging Solutions, Inc. v. Copyco, Inc., 869 So. 2d 1291 (Fla. 4th DCA 2004); Premiere Lab Supply, Inc. v. Chemplex Indus., Inc., 791 So. 2d 1190, 1190 (Fla. 4th DCA 2001); Am. Express Travel Related Servs. v. Cruz, 761 So. 2d 1206, 1208-09 (Fla. 4th DCA 2000).
Petition granted. Order quashed, and case remanded.
STONE, GROSS and MAY, JJ., concur.
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Cordis Corp. & Johnson & Johnson of N.J., Inc. v. O'Shea, 988 So. 2d 1163 (Fla. 4th DCA 2008)…the CYPHER stent. Certiorari lies to review a trial court order which compels production of trade secrets or other confidential or proprietary information. See e.g. Citigroup, Inc. v. Holtsberg, 920 So. 2d 25 (Fla. 4th DCA 2005); Gazerro v. Crane, 890 So. 2d 446 (Fla. 4th DCA 2004). The petitioner challenging such an order has the burden to show that the trial court departed “from the essential requirements of law causing material harm for which there is no adequate remedy on final appeal.” Katz v. N.M.E. H…
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Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc., 26 So. 3d 620 (Fla. 4th DCA 2009)…la. 3d DCA 1988). A trial court departs from the essential requirements of law in ordering production of confidential information without conducting an in camera review to determine whether the assertion of privilege is valid. See Gazerro v. Crane, 890 So. 2d 446 (Fla. 4th DCA 2004); Docutek Imaging Solutions, Inc. v. Copyco, Inc., 869 So. 2d 1291 (Fla. 4th DCA 2004); Premiere Lab Supply, Inc. v. Chemplex Indus., Inc., 791 So. 2d 1190, 1190 (Fla. 4th DCA 2001); Am. Exp. Travel Related Servs. v. Cruz, 761 So.…
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State Farm v. Collision Concepts 01 2015 (15th Cir. Ct. App. Div. 2015)…ct appeal, and (2) a departure from the essential requirements of law. Int'l House of Pancakes (IHOP) v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013); see also Citigroup, Inc. v. Holtsberg, 920 So. 2d 25 (Fla. 4th DCA 2005); Gazerro v. Crane, 890 So. 2d 446 (Fla. 4th DCA 2004). 1. Irreparable Harm As to the first prong of the test, we agree with Petitioner that full and unredacted disclosure of the Survey would cause irreparable harm. The disclosure of confidential materials, such as trade secrets, c…
Authorities Cited
- Am. Express Travel Related Servs., Inc. v. Cruz, 761 So. 2d 1206 (Fla. 4th DCA 2000)
- Premiere LAB Supply, Inc. v. Chemplex Indus., Inc., 791 So. 2d 1190 (Fla. 4th DCA 2001)
- Docutek Imaging Solutions, Inc. v. Copyco, Inc., 869 So. 2d 1291 (Fla. 4th DCA 2004)