Summary
granting certiorari and quashing the lower court's order in a pure bill of discovery case that denied petitioner's motion for a protective order
Summary of this case from Am. Med. Sys. v. MSP Recovery Claims, Series LLCOpinion
Case No. 97-1786.
Opinion filed September 3, 1997. Rehearing and Clarification Denied October 28, 1997.
Petition for writ of certiorari to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. Case No. 96-10945 13.
David H. Reimer of David H. Reimer, P.A., Miami Lakes, for petitioners.
Charles T. Whitelock and Richard J. Simeone of Whitelock, Rodriguez Williams, P.A., Fort Lauderdale, for respondent.
We grant this petition for certiorari and quash the trial court order denying Petitioners/Defendants' motion for a protective order. Publix Supermarkets, Inc. v. Frazier, No. 97-0993, 1997 WL 423447 (Fla. 4th DCA July 30, 1997).
The Sheriff instituted this independent lawsuit, which constitutes solely a pure bill of discovery seeking production of audiotapes of conversations allegedly surrepticiously recorded by Petitioners, and noticed Petitioners for deposition. The acknowledged purpose of filing this action is to ask Petitioners about the facts surrounding the bill in order "to ascertain whether criminal or civil statutory violations, including an invasion of [the Sheriff's][and others'] privacy rights . . . have occurred."
We recognize that a bill of discovery is available as an aid in bringing or defending an action about to be commenced. It may be used to identify potential defendants and theories of liability and to obtain information necessary for meeting a condition precedent to filing suit. Sunbeam Television Corp. v. Columbia Broad. Sys., 694 F. Supp. 889, 892 (S.D. Fla. 1988); Adventist Health Sys,/Sunbelt, Inc. v. Hegwood, 569 So.2d 1295 (Fla. 5th DCA 1990). However, it may not be used "as a fishing expedition to see if causes of action exist." Publix, 1997 WL 423447, at *1. Neither is it available simply to obtain a preview of discovery obtainable once suit is filed. Such a use of the bill places an undue burden on the court system. See National Car Rental v. Sanchez, 349 So.2d 829 (Fla. 3d DCA 1977).
There is nothing in this record reflecting that the Sheriff's position is distinguishable from that of other plaintiffs who would use this investigation tool to seek information that might uncover a potential claim. See Publix, 1997 WL 423447, at *1.
Therefore we grant the petition and quash the order and remand for further proceedings consistent with this opinion.
STONE, C.J., GUNTHER and PARIENTE, JJ., concur.