4D12-3295-Sharina Gilbert and The School Board of Palm Beach County v. I.W., a minor

State: Florida

Court: Florida Southern District Court

Docket No: 4D12-3295.op

Case Date: 01/30/2013

Plaintiff: 4D12-3295-Sharina Gilbert and The School Board of Palm Beach County

Defendant: I.W., a minor

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2013

SHARINA GILBERT and THE SCHOOL BOARD OF PALM BEACH COUNTY, Petitioners, v. I.W., a minor, through her mother and next friend, S.J., Respondent. No. 4D12-3295 [January 30, 2013] PER CURIAM. We grant the petition for writ of certiorari which seeks review of a discovery order incident to the denial of a motion to dismiss a bill of discovery. See JM Family Enters., Inc. v. Freeman, 758 So. 2d 1175 (Fla. 4th DCA 2000). "Under the current state of the law, the filing of a bill of discovery is justified only in `narrow a n d limited circumstances.'" Vorbeck v. Betancourt, 4D12-1133, 2012 WL 6681995 (Fla. 3d DCA Dec. 26, 2012) (citing Venezia Lakes Homeowners Ass'n v. Precious Homes at Twin Lakes Prop. Owners Ass'n, 34 So. 3d 755, 756 (Fla. 3d DCA 2010)). This case does not present such circumstances. See, e.g., Lewis v. Weaver, 969 So. 2d 586 (Fla. 4 t h DCA 2007); Adventist Health Sys./Sunbelt, Inc. v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990). Rather, respondent's intended use of the bill exceeds its residual use and is an attempt to see if causes of actions exist for a potential lawsuit. Accordingly, we quash th e order denying Petitioners' motion to dismiss and the related discovery order. Petition granted. WARNER, GERBER and CONNER, JJ., concur. * * *

Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No. 502012CA012495. Sheryl G. Wood, General Counsel and Jon Erik Bell of The School Board of Palm Beach County, West Palm Beach, for petitioners. Robert M. Pickett of Legal Aid Society of Palm Beach County, Inc., West Palm Beach, for respondent. Not final until disposition of timely filed motion for rehearing.

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