Summary
holding that discovery proceeding relating to impleaded party in proceedings supplementary must be taken at the impleaded party's residence
Summary of this case from Tara Prods., Inc. v. Hollywood Gadgets, Inc.Opinion
No. 91-3018.
March 31, 1992.
An Appeal from a non-final order of the Circuit Court for Dade County; Robert P. Kaye, Judge.
Derek C. Aronovitz, Miami, for appellant.
Sidney L. Syna, Miami, for appellee.
Before HUBBART, FERGUSON and JORGENSON, JJ.
The issues presented in this case are the same ones we addressed in the companion case of Patterson v. Venne, 594 So.2d 331 (Fla. 3d DCA 1992): (1) Whether a nonresident person who is impleaded in a proceeding supplementary pursuant to section 56.29, Florida Statutes (1989), may be compelled to appear in Dade County for discovery where there is otherwise no basis for long-arm jurisdiction, and (2) whether venue was proper in Dade County for proceedings supplemental after the underlying action was concluded. Again, we hold, as we did in Patterson, that the plaintiff may obtain discovery from the impleaded person, but that the discovery proceeding must be in the impleaded person's place of residence. As in Patterson, we also hold that the challenge to venue is without merit.
Affirmed in part, reversed and remanded for further consistent proceedings.