Winn Dixie Stores, Inc. v. Belcher

SHANNON, Chief Judge.

Defendant-petitioner seeks review of a discovery order in a common law action by petition for certiorari. That this remedy is proper to review such an order is well established. City of Sarasota v. Colbert, Fla.App.1957, 97 So.2d 872.

Action for damages was commenced below, the plaintiff alleging injuries sustained in a fall in defendant’s store. Defendant •answered denying negligence and alleging that the plaintiff’s contributory negligence proximat'ely caused her injury.

Plaintiff took the deposition of defendant’s store manager and by it ascertained that the latter had…