Sunrise Shopping Center, Inc. v. Allied Stores Corp.

OWEN, Judge.

Plaintiffs in an action seeking equitable relief have taken an interlocutory appeal from an order granting defendants’ motion under Rule 1.410(b) RCP, 30 F.S.A., to quash a subpoena duces tecum directed to a nonparty witness, which order also quashed the notice of deposition.

Appellants contend (1) a subpoena duces tecum under Rule 1.410 RCP can be quashed only upon a showing that it is unreasonable and oppressive, and that no such showing was made in this case; (2) only the witness upon whom a subpoena duces tecum is served has standing to complain that it is unreasonable and…