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City Fed S L v. Cushman Wakefield

District Court of Appeal of Florida, Second District
Jan 27, 1989
537 So. 2d 689 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-3071.

January 27, 1989.

Petition from the Circuit Court for Collier County, Hugh D. Hayes, J.

Jack J. Aiello of Gunster, Yoakley, Criser Stewart, P.A., West Palm Beach, for petitioner.

Edward K. Cheffy of Frost and Jacobs, Naples, and Michael L. Minsker, Patrick J. O'Connor and Thomas C. Willcox of Cozen and O'Connor, Philadelphia, Pennsylvania, for respondent.


This is a petition for writ of certiorari to review an order which required the petitioner to produce records of loan transactions that are not related to the pending case. After reviewing the record and arguments advanced by counsel, we have determined that the trial court's order, at this stage of the proceedings, departs from the essential requirements of law. There has been no showing that this evidence is relevant or reasonably calculated to lead to relevant evidence. This decision should not foreclose the respondent from again seeking this information after further discovery and a proper showing of relevancy and necessity.

Accordingly, we grant the petition, quash the trial court's order, and remand for further proceedings.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.


Summaries of

City Fed S L v. Cushman Wakefield

District Court of Appeal of Florida, Second District
Jan 27, 1989
537 So. 2d 689 (Fla. Dist. Ct. App. 1989)
Case details for

City Fed S L v. Cushman Wakefield

Case Details

Full title:CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, PETITIONER, v. CUSHMAN AND…

Court:District Court of Appeal of Florida, Second District

Date published: Jan 27, 1989

Citations

537 So. 2d 689 (Fla. Dist. Ct. App. 1989)

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