Aeroserv International, Inc. v. BEJ Enterprises, Inc.

Full title: AEROSERV INTERNATIONAL, INC., A FOREIGN CORPORATION, AIR CARRIER ENGINE…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 20, 1987

501 So. 2d 106 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2489.

January 20, 1987.

A Writ of Certiorari to the Circuit Court for Dade County; Richard Yale Feder, Judge.

Fine, Jacobson, Schwartz, Nash, Block England and Bonnie J. Losak Jimenez, Miami, for petitioners.

Thornton, David Murray and Kathleen M. O'Connor, Miami, for respondents.

Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The petition for writ of certiorari is granted in part. The order granting the respondents' Motion to Compel Arthur Young Company to Appear at Deposition Duces Tecum, to which the instant petition for certiorari is directed, is modified so as to limit the production required to only those records that pertain to the jet engines and related material, the ownership of which is at issue in this case.

DANIEL S. PEARSON and FERGUSON, JJ., concur.

BASKIN, Judge (dissenting).

Because, in my view, petitioners waived the accountant-client privilege in regard to some, and therefore all, communications on the subject, I decline to limit production of the requested records. See Weil v. Investment/Indicators, Research Management, Inc., 647 F.2d 18 (9th Cir. 1981); Smith v. Alyeska Pipeline Serv. Co., 538 F. Supp. 977 (D.Del. 1982), aff'd, 758 F.2d 668 (Fed. Cir. 1984), cert. denied, 471 U.S. 1066, 105 S.Ct. 2142, 85 L.Ed.2d 499 (1985); § 90.507, Fla. Stat. (1985).