Opinion
No. AU-288.
October 19, 1983. Rehearing Denied November 16, 1983.
Petition for Writ of Certiorari.
Gene T. Moss, Jacksonville, for appellant.
Elliot Zisser, of Zisser, Robison, Spohrer, Wilner Harris, Jacksonville, for appellee.
Petitioner seeks review by certiorari of an order granting respondent discovery of the financial records of both petitioner and petitioner's spouse. We find that the order, to the extent that it permits discovery of the financial records of petitioner's spouse, departs from the essential requirements of law.
Respondent has filed an action seeking to establish a foreign dissolution decree as a Florida judgment. Petitioner's spouse is not a party to the action. In these circumstances the financial records of this nonparty are not legally related to any pending claim or defense, nor is the information shown to be reasonably calculated to lead to the discovery of evidence admissible in the proceeding now before the court. Fla.R. Civ.P. 1.280(b)(1) therefore does not allow discovery of such information.
Accordingly, to the extent that it permits discovery of the financial records of petitioner's spouse, the order under review is hereby quashed.
LARRY G. SMITH and SHIVERS, JJ., concur.