3d DCA Watch — The Night They Cancelled 3d DCA Watch


Hi kids, what do you all think of those facacta Goldman Sachs emails? Seriously, what kind of intelligent professional puts that kind of stuff in writing?

I also love the secret code used for discussions too sensitive to put in writing — “LDL.”

Not exactly the Enigma Code, fellas.

On to the bunker, where the distressing lack of work product has caused this humble blog to cancel today’s 3d DCA Watch.LDL, you know what I mean?Oh wait, there is one opinion worth noting:

Venezia Lakes v. Precious Homes:

Pure bills of discovery? Do those even exist anymore?Not really:

As this Court stated in Kirlin v. Green, 955 So. 2d 28, 29 (Fla. 3d DCA 2007), although a “pure bill of discovery remains part of our legal system, its use and usefulness diminished greatly when Florida relaxed its pleading requirements to authorize liberal discovery.” In the absence of an adequate legal remedy, it “may be used to identify potential defendants and theories of liability and to obtain information necessary for meeting a condition precedent to filing suit.” Mendez v. Cochran, 700 So. 2d 46, 47 (Fla. 4th DCA 1997); see also Debt Settlement Adm’rs, LLC v. Antigua & Barbuda, 950 So. 2d 464, 465 (Fla. 3d DCA 2007); JM Family Enters., Inc. v. Freeman, 758 So. 2d 1175, 1176 (Fla. 4th DCA 2000); Trak Microwave Corp. v. Culley, 728 So. 2d 1177, 1178 (Fla. 2d DCA 1998). However, a bill of discovery may not be used “as a fishing expedition to see if causes of action exist.” Publix Supermarkets, Inc. v. Frazier, 696 So .2d 1369, 1371 (Fla. 4th DCA 1997). Nor is it available simply to obtain a preview of discovery obtainable once suit is filed. Mendez, 700 So. 2d at 47.

Ok, that seems totally contradictory.But they’re not done:

As stated above, it is well established that a pure bill of discovery does not lie to see if a cause of action exists, nor has it ever been available to aid a potential plaintiff in determining the extent of its damages. Precious Homes’ claim that it cannot determine a theory of liability when it is claiming an overcharge in violation of the agreement is without merit.

In other words, just file a lawsuit.