125 So. 3d 323
Fla. Dist. Ct. App.2013Background
- UWF Board of Trustees seeks certiorari to quash order compelling deposition of UWF President Bense.
- Habegger sued for employment discrimination and tortious interference against Dickey related to her termination in Jan 2009.
- Bense testified about a May 2009 conversation with Dickey; she had no input on termination decision.
- Trial court denied protective order; held deposition relevant and necessary for Dickey claim.
- Petitioner argues exhaustion of other discovery tools and lack of unique information; alleges irreparable harm if deposition proceeds.
- Petitioner granted certiorari; the deposition order is quashed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the deposition order a departure from law? | Habegger argues order wrongfully granted | UWF argues order complied with law | Yes; order departed from essential requirements of law |
| Did respondent exhaust other discovery tools and show unique information? | Habegger contends not required to exhaust due to direct contact | UWF contends exhaustion and uniqueness required | Yes; failure to exhaust and lack of unique information |
| Is President Bense's deposition relevant to tortious interference claim? | Habegger seeks information about influence on termination | UWF argues post-termination events and no causation shown | No; deposition unnecessary and irrelevant |
Key Cases Cited
- Home v. Sch. Bd. of Miami-Dade Cnty., 901 So.2d 238 (Fla. 1st DCA 2005) (certiorari review of discovery orders; irreparable injury requirement)
- Jaye v. Royal Saxon, Inc., 720 So.2d 214 (Fla.1998) (certiorari jurisdiction prerequisites; irreparable injury)
- Dep’t of Agric. & Consumer Servs. v. Broward Cnty., 810 So.2d 1058 (Fla. 1st DCA 2002) (agency head deposition only after exhausting other discovery)
- City of Gainesville v. Scotty’s, Inc., 489 So.2d 1196 (Fla. 1st DCA 1986) (discovery relevance standard; irrelevant matters not discoverable)
- Gen. Star Indem. Co. v. Atl. Hospitality of Fla., LLC, 57 So.3d 238 (Fla. 3d DCA 2011) (certiorari to review deposition of company president)
- Miami-Dade Cnty. v. Dade Cnty. Police Benev. Ass’n, 103 So.3d 236 (Fla. 3d DCA 2012) (potential irremediable injury and widespread ramifications)