ABC LIQUORS, INC. v. BERKEY

No. 91-1826.

589 So.2d 457 (1991)

ABC LIQUORS, INC., a Florida corporation, Petitioner, v. Carl BERKEY, Respondent.

District Court of Appeal of Florida, Fifth District.

November 21, 1991.


Attorney(s) appearing for the Case

John F. Bennett and Lavinia N. McMillen of Fishback, Dominick, Bennett, Stepter & Ardaman, Orlando, for petitioner.

Dennis J. Hightower of Hightower and Doane, Orlando, for respondent.


GRIFFIN, Judge.

The Petitioner, ABC Liquors, Inc., seeks certiorari review of a circuit court order that sustained Respondent Carl Berkey's objection to ABC's Notices of Production from Non-Parties on the ground that Rule 1.351(b) of the Florida Rules of Civil Procedure, as written, denies due process to the parties who have not initiated the notice and subpoena. The rule provides that, upon the requesting party's receipt of documents from the nonparty, the requesting...

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