WESTERBEKE CORP. v. ATHERTON

Case No. 2D16-5179.

224 So.3d 816 (2017)

WESTERBEKE CORPORATION, Petitioner, v. Michael ATHERTON; Carrie Atherton; Madie Atherton and Quinn Atherton; Robert Berkstresser; MarineMax, Inc.; MarineMax of Central Florida, LLC; MarineMax Charter Services, LLC; MarineMax International, LLC; MarineMax Motor Yachts, LLC; MarineMax Motor Yachts, Inc.; MarineMax of Sarasota, LLC; MarineMax Services, Inc.; MarineMax of Southwest Florida, LLC; MarineMax Yachts, LLC; MarineMax East, Inc.; MarineMax of Jacksonville, Inc.; MarineMax Realty, LLC; Gulfwind USA, LLC, d/b/a MarineMax Gulfwind; Bassett Boat Company, d/b/a MarineMax Bassett Searay; R.B. Grove, Inc.; George and Nancy Meyer; Brian Meyer; Angela Meyer; Logan Meyer; Brooks Meyer and Abry Meyer, Respondents.

District Court of Appeal of Florida, Second District.

Opinion filed August 9, 2017.


Attorney(s) appearing for the Case

Lawrence E. Burkhalter of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Miami, for Petitioner.

Julie H. Littky-Rubin of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, LLP, West Palm Beach, for Respondents Michael Atherton; Carrie Atherton; Madie Atherton and Quinn Atherton; and Brian Meyer.

Stuart C. Markman and Kristin A. Norse of Kynes, Markman & Felman, P.A., Tampa, for Respondents George Meyer and Nancy Meyer.

No appearance for remaining Respondents.


Westerbeke Corporation seeks certiorari review of a nonfinal order denying Westerbeke's motion to compel the unwinding, or disassembling, of a piece of a gas generator that was involved in a boat explosion and that is a key piece of evidence in three personal injury and products liability lawsuits filed by the respondents. Because...

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