279 So. 2d 373

KENLEIGH ASSOCIATES, a New Jersey limited partnership, Petitioner, v. HARRIS-INTERTYPE CORPORATION, a Delaware corporation, et al., Respondents.

No. 73-181.

District Court of Appeal of Florida, Third District.

June 19, 1973.

Pettigrew & Bailey, Miami, for petitioner.

*374Fowler, White, Humkey, Burnett, Hurley & Banick and A. Blackwell Stieglitz, Miami, Squire, Sanders & Dempsey, Cleveland, Ohio, Rimes, Greaton, Murphy & Batchelder, Ft. Lauderdale, Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, for respondents.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PEARSON, Judge.

We are presented with a petition for writ of certiorari to review an order of the trial court which limited discovery sought by the plaintiff. The petition urges that the trial court departed from the essential requirements of law in holding that all internal corporate communications are privileged.1 Conversely, the respondents contend that the trial judge was correct because (a) the petitioner proceeded improperly in the trial court by resorting to a notice of taking deposition duces tecum in order to obtain documents which were not properly subject to discovery under Rule 1.350, RCP, 30 F.S.A., as amended effective January 1, 1973 (Fla., 265 So.2d 21); (b) the scope of the demand contained in the notice was so broad as to require a protective order; and, (c) the notice improperly directed individual defendants to produce corporate documents. The respondents have not been able to come forward with precedent holding that all intracorporate documents are privileged, and we have found no precedent.

The petition for writ of certiorari will be granted and the order quoted is quashed. This action shall be without prejudice to further proceedings before the trial judge to determine whether the alternative grounds for the protective order advanced by the respondents are applicable, and to the granting of such a protective order if the trial court finds said grounds applicable.

It is so ordered.

Kenleigh Associates v. Harris-Intertype Corp.
279 So. 2d 373

Case Details

Name
Kenleigh Associates v. Harris-Intertype Corp.
Decision Date
Jun 19, 1973
Citations

279 So. 2d 373

Jurisdiction
Florida

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