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Florida Fifth DCA denies certiorari review of allegedly overbroad and burdensome discovery request on jurisdictional grounds

On October 22, 2021, in Werner Enterprises, Inc. v. Sweeney, et al., No. 5D21-857, the Florida Fifth DCA issued a per curiam decision dismissing a party’s certiorari petition seeking a review of a trial court order compelling better answers to an interrogatory. Judge Evander wrote a concurring opinion explaining that dismissal of the petition was appropriate because the petitioner’s grounds for objecting to the discovery, that it was overbroad and burdensome, is not alone a proper basis for certiorari review of a discovery order, citing Bd. of Trs. of Internal Improvement Tr. Fund v.Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla. 2012). Judge Evander added that he believed that the petitioner’s argument was meritorious, but that the petitioner had failed to establish irreparable harm because the interrogatory did not constitute a “carte blanche” request for irrelevant discovery, citing Allstate Ins. Co. v. Langston, 655 So. 2d 91, 95 (Fla. 1995) (“Although we cannot say that irrelevant materials sought in a discovery request necessarily caused irreparable harm, we cannot believe that a litigant is entitled carte blanche to irrelevant discovery”).

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