5D09-1143 Regions Bank v. Allen

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-1143

Case Date: 03/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

REGIONS BANK, ETC., Petitioner, v. SCOTT ALLEN, WILLIAM ALLEN, TROY ATWOOD, ET AL, Respondent. ________________________________/ Opinion filed March 12, 2010 Petition for Certiorari Review of Order from the Circuit Court for Orange County, Thomas B. Smith, Judge. Virginia B. Townes, Brandon W. Banks and Michael A. Nardella, of Akerman Senterfitt, Orlando, for Petitioner. Robert Dyer, Stephen D. Milbrath, Neal J. Blaher and David W. Magana, of Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., for Respondent. Case No. 5D09-1143

PER CURIAM. Petitioner, Regions Bank ["Bank"], as successor in interest to AmSouth Bank, seeks certiorari review of an order of the trial court compelling it to produce certain documents, which Bank claims are privileged. Because the order is inadequate to

prevent the disclosure of privileged documents, we grant the writ. An action was brought against Bank, Ameriprise Financial Services, Christopher Coulther, who is an Ameriprise financial adviser, and Thomas Romanac, who is an

Ameriprise employee, by ninety-nine plaintiffs. Each of the plaintiffs is an investor who was persuaded by Coulther to invest in real estate in Costa Rica. The current petition involves an order of the trial court requiring Bank to provide discovery to these ninetynine plaintiffs. As to Bank, plaintiffs have asserted five claims: negligence and gross

negligence, breach of contract, breach of fiduciary duty, aiding and abetting fraud, and statutory securities violations. production of documents. In response to the production requests, Bank asserted: Bank also objects to this Request because it seeks documents, if any exist, barred from disclosure or discussion by federal law, including but not limited to, 12 C.F.R.

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