From Casetext: Smarter Legal Research

Pinch-A-Penny Inc. v. Pinch-A-Penny

District Court of Appeal of Florida, Second District
Mar 16, 1983
427 So. 2d 1142 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-390.

March 16, 1983.

Petition for review from the Circuit Court, Sarasota County, Evelyn Gobbie, J.

Linda Brooks Robinson of Robinson Robinson, P.A., Sarasota, for petitioner.


Petitioner seeks review of an order denying its motion for protective order. The motion was in response to a request for production which sought discovery of various items allegedly relevant to petitioner's financial status.

Because there is a counterclaim pending against petitioner seeking punitive damages, the issue of net worth is relevant. Therefore, we find this case controlled by Henkel v. Jasin, 425 So.2d 1219 (Fla. 2d DCA, 1983). As in Henkel, we note that petitioner's motion for protective order did not object to specific items and failed to show that good cause was present to limit the discovery due to "annoyance, embarrassment, oppression, or undue burden or expense" as required by Florida Rule of Civil Procedure 1.280(c). That rule imposes a limit on the extent of discovery even given a pending punitive damages claim.

Accordingly, we deny certiorari without prejudice to petitioner promptly filing an amended motion for protective order in the trial court specifying precisely the items objected to with a showing of good cause as contemplated by rule 1.280(c).

BOARDMAN, Acting C.J., and SCHEB and SCHOONOVER, JJ., concur.


Summaries of

Pinch-A-Penny Inc. v. Pinch-A-Penny

District Court of Appeal of Florida, Second District
Mar 16, 1983
427 So. 2d 1142 (Fla. Dist. Ct. App. 1983)
Case details for

Pinch-A-Penny Inc. v. Pinch-A-Penny

Case Details

Full title:PINCH-A-PENNY, INC., PETITIONER, v. PINCH-A-PENNY STORE NO. 8, LTD., ET…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 16, 1983

Citations

427 So. 2d 1142 (Fla. Dist. Ct. App. 1983)