NORTH RIDGE MEDICAL PLAZA INC v. TENET HEALTHCARE CORPORATION FL (1998)

District Court of Appeal of Florida,Fourth District.

NORTH RIDGE MEDICAL PLAZA, INC., as General Partner of North Ridge Medical Plaza, Ltd., a Florida limited partnership, and Richard K. Inglis, as Trustee, Petitioners, v. TENET HEALTHCARE CORPORATION d/b/a Tenet South Florida Healthsystem, Amisub (North Ridge Hospital), Inc. d/b/a North Ridge Medical Center, and FL Health Complex, Inc., Respondents.

No. 98-1800.

Decided: November 04, 1998

Mimi L. Sall, and Patrick A. Barry of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Fort Lauderdale, and James O. Murphy, Jr. of Byrd and Murphy, Fort Lauderdale, for petitioners. Andrew D. Rafkin of Broad and Cassel, West Palm Beach, for respondents.

We grant the petition for writ of certiorari and quash those portions of the order under review which deny petitioners' motions for a protective order. We remand for an evidentiary hearing as to whether M. Lee Pierce is an officer, director, or managing agent of North Ridge Medical Plaza, Inc., such that his deposition may be taken by “simple notice and without the necessity of serving” him with a witness subpoena. Plantation-Simon, Inc. v. Al Bahloul, 596 So.2d 1159, 1162 (Fla. 4th DCA 1992). Insofar as respondents seek discovery from Pierce in his capacity as the beneficial owner or real party in interest of the Inglis trust, his attendance at deposition must be obtained by subpoena.

PER CURIAM.

DELL, SHAHOOD and GROSS, JJ., concur.

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