Summary
In Watkins v. Mother's Auto Sales, Inc., 264 So.2d 439 (3d D.C.A.Fla. 1972) a dual test was applied to discovery requests: 1) whether they would narrow the issues and 2) whether they would reach matters reasonably calculated to lead to the discovery of admissible evidence concerning the pending action.
Summary of this case from Polonsky v. PolonskyOpinion
No. 72-285.
July 11, 1972.
Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.
Roger J. Schindler and Mark Leban, Miami, for appellant.
Maurice J. Kutner, Miami, for appellee.
Before CHARLES CARROLL, PEARSON and HAVERFIELD, JJ.
Plaintiff brings this interlocutory appeal to review the lower court's order denying plaintiff's motion to compel answers to plaintiff's interrogatories and the order requiring defendant to answer only those interrogatories propounded dealing with the transaction in litigation.
This court has meticulously reviewed all the interrogatories filed by plaintiff on December 29, 1971 to determine which ones defendant should be compelled to answer. A dual test was used requiring (1) that the interrogatories must narrow the issues, and (2) reach matters reasonably calculated to lead to the discovery of admissible evidence concerning the pending action. The court has unanimously decided to compel answers to the following numbered interrogatories that were objected to by defendant: 10, 11, 12, 13, 15, 16, 17, 18, 19, 22, 32. A majority of the court has decided to compel answers to interrogatories 21 and 36. The court has unanimously agreed not to compel answers to interrogatories numbered 3, 4, 5, 6, 9, 23, 24, 25, 26, 27, 28, 34, 35, 37, 38, 39, 40, 41. A majority has decided not to compel an answer to interrogatory number 14.
It is so ordered, and the cause is remanded for further proceedings consistent herewith.