LINDA S. BRENNAN AND ALBERT B. BRENNAN, HER HUSBAND, PETITIONERS,
v.
BOARD OF PUBLIC INSTRUCTION OF BROWARD COUNTY, FLORIDA, ET AL., RESPONDENTS
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The Brennans petitioned for certiorari to review an order preventing them from taking depositions of three school bus employees in their personal injury action against the Board of Public Instruction. The court held that the trial court abused its discretion by quashing the depositions without showing good cause, as the mere proximity to trial and prior pre-trial conference do not justify denying discovery rights.
The trial court abused its discretion because it failed to show good cause for preventing the depositions. The mere holding of a pre-trial conference and temporal proximity to trial do not constitute good cause. Although trial courts have authority under Rule 1.310(b) to regulate or prevent depositions, this authority must be exercised only upon a showing of good cause.
[1] A trial court has the authority to regulate or prevent the taking of depositions, but this authority should only be exercised upon a showing of good cause.
[2] The mere holding of a pre-trial conference does not terminate a party's right to take depositions.
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Join FLexlaw to unlock all legal intelligence“when this authority is exercised it should be only upon a showing of good cause”
Establishes the standard that trial courts must meet to restrict deposition rights—good cause is required.
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Join FLexlaw to unlock all legal intelligenceThe Brennans filed a personal injury action alleging negligent operation of a school bus that struck their vehicle. A pre-trial conference was held on…
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The petitioners, plaintiffs in a personal injury action, have filed in this court a petition for certiorari to review an order of the trial court preventing them from taking the depositions of three persons employed by the respondent Board of Public Instruction of Broward County, Florida. No question is raised by the respondents (the defendants below) as to the propriety of a review of this order by certiorari. Nevertheless such review is supported by the authority of Brooks v. Owen, Fla.1957, 97 So.2d 693; Dade County, etc. v. Bosch, Fla.App.1961, 133 So.2d 578; Ormond Beach First National Bank v. J. M. Montgomery Roofing Company, Inc., Fla.App. 1966, 189 So.2d 239; and Leithauser v. Harrison, Fla.App.1964, 168 So.2d 95, 97.
The petitioners as plaintiffs below filed a personal injury action against the respondent Broward County Board of Public Instruction in the Circuit Court for Brow-ard County, Florida. The complaint alleged that a school bus owned by the respondent was negligently driven into the rear of a motor vehicle which petitioner Linda S. Brennan was driving. The answer denied negligence. A pre-trial conference was held on 5 October 1970. The *464pre-trial order did not limit the taking of depositions.
After the pre-trial conference, the petitioners served a notice of the taking of the depositions of three persons who, prior to the accident in question and while in the employ of respondent, had worked on the brakes of the bus. The notices which set the depositions for 26 October 1970 were received by the respondents on 20 October 1970. The trial of the cause was scheduled for the week of November 2nd. The respondents filed a motion to quash the taking of the depositions. On 26 October 1970, the trial court entered an order which granted the motion to quash and in effect denied petitioners the right to take the depositions.
Unquestionably under Rule 1.310(b), RCP, 30 F.S.A., the trial court has the authority to regulate as well as to prevent the taking of depositions, but when this authority is exercised it should be only upon a showing of good cause. Compare City of Miami Beach v. Wolfe, Fla. 1955, 83 So.2d 774. In the present case no such showing has been made. The motion to quash the taking of the depositions sets out no grounds except that the pre-trial conference had been held and that only seven days remained prior to trial. The respondent’s brief by way of further explanation advises us that the taking of the depositions shortly before the trial would give it no opportunity “to substantiate, clear up, or rebut any issue raised by these depositions.” We cannot accept these arguments as a showing of good cause. The mere holding of a pre-trial conference does not terminate the right to take depositions. The persons whose depositions were sought were employees of the respondent, were apparently available to the respondent for questioning since the accident, and presumably had disclosed to the respondent all pertinent facts with respect to the accident. If the information developed at the depositions in fact requires additional preparation on the part of the respondent, it may seek a continuance pursuant to Rule 1.460, RCP. Hence we conclude that good cause was not shown for the prevention of the depositions.
For the foregoing reasons, the petition for certiorari is granted and the order of 26 October 1970 is quashed and the cause remanded for further proceedings.
WALDEN, J., and DOWNEY, JAMES C., Associate Judge, concur.
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Orlando Sports Stadium, Inc. v. Sentinel Star Co., 316 So. 2d 607 (Fla. 4th DCA 1975)…article, and the statements therein, which he alleges to be false and defamatory.” . Orlando Sports Stadium, Inc. v. Sentinel Star Company, (Fla.App., 1973) 273 So. 2d 83. . Brennan v. Board of Public Instruction of Broward County (Fla.App., 1971) 244 So. 2d 463. . Jones v. Seaboard Coast Line Railroad Company (Fla.App., 1974) 297 So. 2d 861.…
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Jeb Bush v. Schiavo, 866 So. 2d 136 (Fla. 2d DCA 2004)…of discovery. See Office of Att’y Gen. v. Millennium Communications & Fulfillment, Inc., 800 So. 2d 255 (Fla. 3d DCA 2001); Maris Distrib. Co. v. Anheuser-Busch, Inc., 710 So. 2d 1022, 1024-25 (Fla. 1st DCA 1998); Brennan v. Bd. of Pub. Instruction, 244 So. 2d 463, 464 (Fla. 4th DCA 1971). In this case, Mr. Schiavo’s motion for a protective order was based on the asserted irrelevance of any facts that might be developed at the proposed depositions and rested solely on his counsel’s legal argument that all of…
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The Colonies Condo. Ass'n, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982)…(Fla. 3d DCA 1982); Colonial Penn Insurance Company v. Blair, 380 So. 2d 1305 (Fla. 5th DCA 1980); Springer v. Greer, 341 So. 2d 212 (Fla. 4th DCA 1976); Reynolds v. Hofmann, 305 So. 2d 294 (Fla. 3d DCA 1974); Brennan v. Board of Public Instruction, 244 So. 2d 463 (Fla. 4th DCA 1971); Leithauser v. Harrison, 168 So. 2d 95 (Fla. 2d DCA 1964). The majority opinion misses the point in this case. Petitioner alleged that respondent failed to account for assets and did not turn over the documents and funds require…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maxwell J. Brooks v. Owens, 97 So. 2d 693 (Fla. 1957)
- Ormond Beach First Nat'l Bank v. J. M. Montgomery Roofing Co., Inc., 189 So. 2d 239 (Fla. 1st DCA 1966)
- City OF Miami Beach v. Wolfe, 83 So. 2d 774 (Fla. 1955)
- Leithauser v. Harrison, 168 So. 2d 95 (Fla. 2d DCA 1964)
- Dade Cnty. v. Bosch, 133 So. 2d 578 (Fla. 3d DCA 1961)