[CLC-Discussion] MTC 558.004(15) document request denied

[RPPTL CLC-Discussion]

Good morning all, 

We are representing a homeowner in a defect case. I just received an
unexpected result on a Motion to Compel Documents requested under Section
558.004(15), Florida Statutes and for the cost of the motion.. 

 

At hearing there was no argument that the contractor was in violation of the
section. The judge read to him the part of the motion that said :

“Section 558.004 provides that “any party who failed to provide the
requested materials shall be subject to such sanctions as the court may
impose for a discovery violation.” Fla. Stat. § 558.004(15).”

 

He asked him why he shouldn’t award sanctions. Opposing counsel agreed that
was the law but argued that now that litigation had begun the request should
have been re-submitted under the rules of civil procedure.  I argued against
that obviously because the wording and the intent of the statute are clear
and the contractor had admitted non-compliance. ,  The judge reserved ruling
and came back with a denial with the order stating :  “The Plaintiff may
seek discovery using the Rules of Civil Procedure. “ 

 

This was in Orange County. Any thoughts? 

 

Thank you,

Jack 


Jack Taylor, Esq.
Associate Attorney                                  

 


Williams Law Firm 
212 W. Bay Ave

Longwood, FL 32750
Telephone: 407-926-4100

 

 <mailto:gtwlaw at ymail.com> Jack at WCLfirm.com

 <http://www.wclfirm.com/> www.WCLFirm.com



 


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