DEBT SETTLEMENT ADMINISTRATORS, LLC, Petitioner,
v.
ANTIGUA AND BARBUDA, etc., et al., Respondents.
District Court of Appeal of Florida, Third District.
Proskauer Rose, and Matthew Triggs, and Gary W. Kovacs, Boca Raton, and Bruce Gorman, Jr., for petitioner.
Astigarraga Davis Mullins & Grossman, and Edward H. Davis, Jr., and Edward M. Mullins, and Arnoldo B. Lacayo, Miami, for respondents.
Before RAMIREZ, SUAREZ, and LAGOA, JJ.
SUAREZ, J.
Debt Settlement Administrators, LLC, ("Debt Settlement") petitions for a writ of certiorari to quash the trial court's order denying its motion to dismiss a complaint for a pure bill of discovery. This Court has jurisdiction. See, e.g., Megaflight, Inc. v. Lamb,
Prior to the filing of the instant action for a pure bill of discovery in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, respondents, the governments of Antigua and Barbuda, sued Debt Settlement in Antigua for damages and injunctive and declaratory relief for alleged fraud involving a depletion of assets from an account at Wachovia Bank in Miami. Respondents then filed the present complaint for a pure bill of discovery against Debt Settlement and Wachovia Bank in Miami-Dade County, Florida, requesting, among other things, numbers of accounts and the names on accounts involving Debt Settlement, and for enforcement of an injunctive order, issued by the Antiguan and Barbudan Supreme Court, for restraint of funds. The trial court granted the motion for enforcement. Debt Settlement moved to dismiss the complaint for a pure bill of discovery. The trial court denied respondents' motion to dismiss the action for pure bill of discovery. Debt Settlement petitioned this Court for a writ of certiorari to quash the trial court's order denying the motion to dismiss. For the following reasons, we grant the petition and quash the order.
We reject the argument of the respondents that their complaint for a pure bill of discovery is not too speculative, and that the need for additional discovery regarding the Wachovia banking activities is necessary. Here, as in Trak Microwave Corp. v. Culley,
The respondents rely upon the case of Otto's Heirs v. Kramer,
Certiorari granted. Remanded for entry of an order dismissing the cause of action for a pure bill of discovery below.
