Mana v. Cho

147 So.3d 1098

Moishe MANA, Petitioner

v.Anthony Jimmy CHO a/k/a Tony Cho, Metro 1 Properties, Inc., a Florida corporation, Scott Alan Silver, and Grouper Financial, Inc., a Florida corporation, Respondents.

No. 3D14–1318.

District Court of Appeal of Florida, Third District.

Oct. 1, 2014.

The Fischman Law Firm, P.A., and Bruce D. Fischman, Miami, and Jenna L. Fischman, for petitioner.

Boies, Schiller & Flexner LLP, and Bruce Alan Weil and Steven W. Davis, Miami, for respondents.

Before ROTHENBERG, LOGUE, and SCALES, JJ.

Opinion

ROTHENBERG, J.

Moishe Mana (“Mana”) petitions this Court for a writ of certiorari to quash the trial court's discovery order compelling him to produce his personal financial information, such as tax returns and income statements, a copy of all documents between Mana and three particular individuals, and a copy of all documents between Mana and any agent and/or broker of defendant Metro I Properties, Inc. (“Metro”). Because the portion of the discovery order requiring Mana to produce his personal financial information departs from the essential requirements of law and will cause material injury to Mana that cannot be adequately redressed on appeal, we grant the petition in part and quash the portion of the discovery order compelling Mana to produce his personal financial information. We, however, deny the petition in all other respects.

In the underlying lawsuit, Mana filed an amended complaint against Anthony Jimmy Cho (“Cho”), Metro, Scott Alan Silver (“Silver”), and Grouper Financial, Inc. (“Grouper Financial”) (collectively, “the Respondents”), alleging that Mana engaged Cho and Metro, both licensed real estate brokers, to assemble more than twenty-five acres of land within the Wynwood area, which would allow Mana to develop a project. Thereafter, Mana began to purchase properties within the specified area based on Cho's and Metro's advice, and Cho and Metro agreed that it would seek to acquire four specific parcels of vacant land that Mana needed to go forward with the project. However, instead of acquiring the four vacant parcels for Mana's benefit as agreed, Cho, Metro, and Silver, through Grouper Financial, entered into a written agreement regarding the four vacant parcels to their own benefit without including Mana.

Mana alleged that Metro, Cho, and Silver breached their statutory duties to Mana under section 475.278(2)(a) of the Florida Statutes by failing to deal honestly and fairly with Mana and by failing to exercise their skill, care and diligence on Mana's behalf. Mana also alleged that Grouper Financial and Silver conspired with Cho and Metro to assist in the commission of the violations of section 475.278(2)(a).

In the complaint, Mana sought “compensatory damages equal to the value of lost business opportunity ....” However, in his response to interrogatories, Mana limited the damages he was seeking by stating: “[Mana's] measure of damages is the difference between the fair market value of the subject properties at the time of the statutory breach and the fair market value of the properties at the time of trial. The amount shall be provided following completion of appraisals.”

Thereafter, Metro and Cho filed a counterclaim against Mana alleging that Mana tortiously interfered with contractual relationships (employment contracts) between Metro and two of Metro's agents by inducing these agents to acquire land for Mana's benefit in the Wynwood area through a straw buyer in violation of the agents' employment contracts with Metro. Metro and Cho also asserted additional counterclaims against Mana for defamation and abuse of process.

A party seeking certiorari relief must demonstrate that the trial court's order “depart[s] from the essential requirements of law, resulting in irreparable harm that cannot be adequately remedied on final appeal.” Millennium Diagnostic Imaging Ctr., Inc. v. State Farm Mut. Auto. Ins. Co., 129 So.3d 1086, 1089 (Fla. 3d DCA 2013) ; see also Rousso v. Hannon, 146 So.3d 66, 69 (Fla. 3d DCA 2014) ; Miccosukee Tribe of Indians v. Lehtinen, 114 So.3d 329, 331 (Fla. 3d DCA 2013) (“A common law writ of certiorari is proper and will be granted when a trial court's determination constitutes a clear departure from the essential requirements of the law resulting in material injury for the remainder of the case that cannot be properly remedied on post-judgment appeal.”). “Material injury and irreparable harm are ‘jurisdictional prerequisites to certiorari relief.’ ” Millennium Diagnostic Imaging Ctr., 129 So.3d at 1089 (...