Mana v. Jimmy Cho
147 So. 3d 1098
| Fla. Dist. Ct. App. | 2014Background
- Mana petitions certiorari to quash a trial court discovery order compelling disclosure of Mana's personal financial information.
- The order required production of tax returns, income statements, and confidential financial data.
- The order also compelled production of documents between Mana and three individuals, and between Mana and Metro’s agents/brokers.
- Mana alleged Metro, Cho, Silver, and Grouper Financial breached statutory duties under Florida law and conspired with others.
- Mana seeks damages measured by the difference in fair market value of four parcels at breach and at trial, with appraisals forthcoming.
- The court granted certiorari in part to quash the financial-information discovery but denied relief for the other discovery aspects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court departed from essential requirements by ordering Mana’s financial disclosures. | Mana argues such discovery is irrelevant to damages and invasive. | Respondents contend financials illuminate damages tied to lost opportunity. | Yes; financial info quashed as irrelevant and harmful. |
| Whether Mana’s documents with specified individuals and Metro agents are properly discoverable. | Mana contends these documents relate to the litigation framing. | Respondents assert relevance to counterclaims. | No certiorari; these documents are discoverable. |
| Whether the discovery order complies with the scope of discovery as framed by the pleadings. | Mana maintains discovery must align with pleadings and issues. | Respondents argue broad discovery is permissible for damages and counterclaims. | Partially granted; limited to financial data quashed, others upheld. |
Key Cases Cited
- Millennium Diagnostic Imaging Ctr., Inc. v. State Farm Mut. Auto. Ins. Co., 129 So.3d 1086 (Fla. 3d DCA 2013) (jurisdictional grantee for certiorari requires irreparable harm and departure from essential law)
- Allstate Ins. Co. v. Langston, 655 So.2d 91 (Fla. 1995) (private financial information not ordinarily discoverable)
- Aspex Eyewear, Inc. v. Ross, 778 So.2d 481 (Fla. 4th DCA 2001) (financial records generally not discoverable unless issue is in case)
- Nucci v. Nucci, 987 So.2d 135 (Fla. 2d DCA 2008) (irreversible harm and essential requirements of law analysis on certiorari)
- Poston v. Wiggins, 112 So.3d 783 (Fla. 1st DCA 2013) (jurisdictional prerequisite of irreparable harm before certiorari ruling)