MATHEWS v. KANT

No. 82-771.

427 So.2d 369 (1983)

Lawrence A. MATHEWS, Jr. and Elizabeth L. Mathews, His Wife, Appellants, v. James KANT, a Resident of New York, Bernard House and Bernard R. House, His Son, Appellees.

District Court of Appeal of Florida, Second District.

March 4, 1983.


Attorney(s) appearing for the Case

Peter H. Dubbeld of Watson, Goldstein & Dubbeld, P.A., St. Petersburg, for appellants.

Robert H. Dillinger of Stolba, Lumley & Dillinger, P.A., St. Petersburg, for appellees.


PER CURIAM.

A court may not quash a subpoena issued pursuant to Fla.R.Civ.P. 1.410(b) unless the subpoena is unreasonable and oppressive and by necessary implication, there must be some facts before the court tending to show the unreasonableness and oppressiveness of the subpoena. The sufficiency thereof is a factual determination for the trial judge who is vested with broad judicial discretion in the matter, and whose order will not be overturned absent a clear showing...

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