Summary
In North Ridge Medical Plaza v. Tenet Healthcare Corporation, 719 So.2d 1014, 1015 (Fla. 4th DCA 1998), we held that a beneficial owner of property or a real party in interest must be subpoenaed for deposition.
Summary of this case from Newman v. Mayer Brown, LLPOpinion
No. 98-1800.
November 4, 1998.
Appeal from the Circuit Court, Broward County, Robert Lance Andrews, J.
Mimi L. Sall, and Patrick A. Barry of Stearns Weaver Miller Weissler Alhadeff Sitterson, P.A., Fort Lauderdale, and James O. Murphy, Jr. of Byrd and Murphy, Fort Lauderdale, for petitioners.
Andrew D. Rafkin of Broad and Cassel, West Palm Beach, for respondents.
We grant the petition for writ of certiorari and quash those portions of the order under review which deny petitioners' motions for a protective order. We remand for an evidentiary hearing as to whether M. Lee Pierce is an officer, director, or managing agent of North Ridge Medical Plaza, Inc., such that his deposition may be taken by "simple notice and without the necessity of serving" him with a witness subpoena. Plantation-Simon, Inc. v. Al Bahloul, 596 So.2d 1159, 1162 (Fla. 4th DCA 1992). Insofar as respondents seek discovery from Pierce in his capacity as the beneficial owner or real party in interest of the Inglis trust, his attendance at deposition must be obtained by subpoena.
DELL, SHAHOOD and GROSS, JJ., concur.