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Deference to the trial court’s discretion in matters of pre-trial discovery controls.

April 1, 2019
Business Telcoms. Servs. v. Madrigal, 2019 Fla. App. LEXIS 1142 (Fla. 3d DCA 2019)

The defendant sought a writ of certiorari to quash the trial court’s order requiring the production of a surveillance video, taken on the date of the alleged incident, prior to the plaintiff’s deposition. The Third District Court of Appeal distinguished between date-of-accident video and post-accident surveillance video, citing to other cases in which deference to the trial court’s discretion in matters of pre-trial discovery controlled. The court noted the lack of a bright-line rule or precedent on the question and ultimately ruled that the defendant failed to demonstrate the requirements for certiorari review. 

 

Case Law Alerts, 2nd Quarter, April 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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