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Don Mott Agency, Inc. v. Pullum

District Court of Appeal of Florida, Second District
Dec 15, 1977
352 So. 2d 107 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-547.

November 2, 1977. Rehearing Denied December 15, 1977.

Petition from the Circuit Court, Pinellas County, David Seth Walker, J.

Richard A. Strickland of Fowler, White, Gillen, Boggs, Villareal Banker, St. Petersburg, for petitioner.

Christopher C. Ferguson of the Law Offices of Robert F. Nunez, St. Petersburg, for respondent.


The petition for writ of certiorari filed by petitioner, Don Mott Agency, Inc., is granted, and the order of the trial court granting the motions of respondent, Byrd Pullum, to quash a subpoena duces tecum and for a protective order is reversed.

Respondent Pullum did not show by a timely motion to quash that the subpoena duces tecum requested by petitioner is "unreasonable and oppressive" as required by Fla.R.Civ.P. 1.410(b) nor show by a motion for a protective order that good cause is present to limit or prohibit the discovery sought by petitioner due to "annoyance, embarrassment, oppression, or undue burden or expense" as required by Fla.R.Civ.P. 1.280(c).

REVERSED and REMANDED.

BOARDMAN, C.J., and SCHEB and OTT, JJ., concur.


Summaries of

Don Mott Agency, Inc. v. Pullum

District Court of Appeal of Florida, Second District
Dec 15, 1977
352 So. 2d 107 (Fla. Dist. Ct. App. 1977)
Case details for

Don Mott Agency, Inc. v. Pullum

Case Details

Full title:DON MOTT AGENCY, INC., A FLORIDA CORPORATION, PETITIONER, v. BYRD PULLUM…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 15, 1977

Citations

352 So. 2d 107 (Fla. Dist. Ct. App. 1977)

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