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Sun Bank of Miami v. Johnson

District Court of Appeal of Florida, Third District
Mar 4, 1980
380 So. 2d 567 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-2274.

March 4, 1980.

Writ of Certiorari to Circuit Court, Dade County; Herbert M. Klein, Judge.

Fowler, White, Burnett, Hurley, Banick Strickroot and A. Rodger Traynor, Jr., Miami, for petitioner.

Turner, Hodson, Watkins Lynn and Michael E. Watkins, Homestead, for respondent.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


The petitioner, Sun Bank of Miami, was the plaintiff below in an action for both compensatory and punitive damages based upon the claim that the defendant-respondent had made false and fraudulent misrepresentations in an application for a corporate loan. In this proceeding, it seeks certiorari review of an order which effectively denied it pre-trial discovery of information concerning the defendant's personal financial condition, which was pertinent to the punitive damages issue. On the authority of the supreme court's recent opinion in Tennant v. Charlton, 377 So. 1169 (Fla. 1979), which was decided after the trial judge ruled below, we quash the order under review and remand the cause for reconsideration of the issue in the light of that opinion.

Certiorari granted.


Summaries of

Sun Bank of Miami v. Johnson

District Court of Appeal of Florida, Third District
Mar 4, 1980
380 So. 2d 567 (Fla. Dist. Ct. App. 1980)
Case details for

Sun Bank of Miami v. Johnson

Case Details

Full title:SUN BANK OF MIAMI, PETITIONER, v. EDWARD P. JOHNSON, RESPONDENT

Court:District Court of Appeal of Florida, Third District

Date published: Mar 4, 1980

Citations

380 So. 2d 567 (Fla. Dist. Ct. App. 1980)

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