418 So. 2d 1058 | Fla. Dist. Ct. App. | 1982
Petitioner, a witness in a Florida action between a condominium association and a developer, seeks a writ of certiorari quashing a discovery order. Petitioner is an accountant with the Memphis, Tennessee, branch of a national accounting firm. The parties to the litigation arranged for his voluntary deposition in Tennessee. Although the deposition was scheduled, and the witness resided, in Tennessee, neither party took steps to have a commissioner appointed or to have legal process issued and delivered under the provisions of the Uniform Foreign Depositions Act, Section 92.251, Florida Statutes (1981). During the deposition, which occurred without the issuance of a subpoena duces tecum, petitioner made reference to several documents concerning an audit of the condominium association. When asked to release all the documents in the audit file, petitioner
In this certiorari proceeding, petitioner argues that the trial court lacked jurisdiction over him. We agree. As noted above, neither party made any effort to comply with the Uniform Foreign Depositions Act. No commission ever issued out of any court, and no application was made to a Tennessee court for the process necessary to secure the attendance of the witness nor the production of the documents. Respondents would have us hold that by voluntarily attending a deposition in another state, petitioner submitted himself to the jurisdiction of the Florida courts. We decline to broaden the scope of in personam jurisdiction to encompass this situation. Even if the witness had submitted himself to the court’s jurisdiction, he was under no compulsion to produce any documents at the deposition absent a subpoena duces te-cum. We grant the writ of certiorari and quash the order compelling production.
WRIT GRANTED; ORDER QUASHED.
