Banc of Am. Inv. Servs. v. Barnett
2008 Fla. App. LEXIS 18060 (Fla. 3d DCA 2008)
A bank sought a writ of certiorari to quash an order which compelled responses to a request for production filed by the defendants in the bank's action alleging conversion of stock transferred to defendants’ account at another financial institution. Based on instructions from a non-party deposit holder, the bank transferred five million shares of stock out of the holder's account to respondents' account at another institution. Due to a clerical error, the bank transferred five million additional shares the following day. The defendants refused to return the additional five million shares. The requests for production at issue were for all statements for the holder's account, all documents as to lawsuits alleging erroneous transfer of shares, and all bank documents involving the sale or transfer of the same company's stock. The appellate court granted the writ and quashed the order. Because the holder's statements were confidential under § 655.059(2)(b), Fla. Stat. (2007) and the holder denied authorization to release the information, the trial court departed from the essential requirements of law by ordering production of those documents without requiring the defendants to make a showing of necessity. The requests for the other documents were overly broad and irrelevant to the issues in the instant case as there was no dispute as to the specific account or the transfer of stock involved.