Opinion
No. 4D05-2306.
May 10, 2006. Rehearing Denied June 21, 2006.
Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Robert R. Makemson, Judge; L.T. Case No. 91-705 CA.
Steven M. Goldsmith of Steven M. Goldsmith, P.A., Boca Raton, and Leif J. Grazi of the Law Offices of Grazi Gianino, Stuart, for petitioner.
Marcos R. Marchena and Keith A. Graham of Marchena Graham, Orlando, for respondent The Cadle Company.
Zeus, L.L.C. seeks review of a discovery order. We note that a portion of the petition is moot in light of this court's recent decision in Cadle Company v. Pegasus Ranch, Inc., 920 So.2d 1276 (Fla. 4th DCA 2006). Having reviewed the remaining points, we grant relief in part. Our review of the record reveals that respondent did not demonstrate that Jacqueline Teske is an officer, director, or managing agent of the corporation such that she could simply be noticed for deposition. Triple Fish America, Inc. v. Triple Fish Intern., L.C., 839 So.2d 913 (Fla. 5th DCA 2003); North Ridge Medical Plaza, Inc. v. Tenet Healthcare Corp., 719 So.2d 1014 (Fla. 4th DCA 1998) ( citing Plantation-Simon, Inc. v. Al Bahloul, 596 So.2d 1159, 1162 (Fla. 4th DCA 1992)). Relief is denied in all other respects.
Granted in part and Denied in part.
KLEIN, SHAHOOD and MAY, JJ., concur.