Monday, May 25, 2009

Second District Denies Cert on Discovery Dispute

Certiorari is the appropriate remedy when a discovery order departs from the essential requirements of law, causing material injury to the petitioner throughout the remainder of the proceeding in the trial court, effectively leaving no adequate remedy on appeal. See Allstate Ins. Co. v. Boecher, 733 So. 2d 993, 999 (Fla. 1999). Universal has failed to demonstrate irreparable harm. Stark has abandoned any claim of entitlement to the materials that Universal seeks to shield, and in turn, Universal has abandoned its objection to producing the remaining materials. Even without these concessions, we would still conclude that Universal is not entitled to relief because it made no claim in the trial court that the materials at issue were proprietary. The perfunctory assertion of privilege in its petition to this court, which is without any factual support in the record, is too little, too late.


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