Solonina v. Artglass International, LLC
The Third DCA granted certiorari and quashed a trial order that set trial for a date the court knew the plaintiff — a material witness — would be out of the country, and that effectively left her counsel no opportunity to depose three material witnesses. The court held that both the effective denial of material-witness depositions and the scheduling of trial on a date the plaintiff could not attend were departures from the essential requirements of law causing irreparable harm.
Key facts
- Plaintiff Solonina sued defendant Artglass International, LLC; the trial court set trial for a date it knew Solonina would be out of the country and effectively prevented her counsel from deposing three material witnesses before trial.
- The trial court granted a continuance but reset trial on a date when the plaintiff could not attend, and the scheduling left no practical opportunity to complete necessary depositions.
- +1 more key fact with a free trial
Why it matters
Gives civil litigators a citable Third DCA vehicle for certiorari review of trial-scheduling and de facto discovery-denial orders — an area usually treated as unreviewable discretion. The 'effective preclusion' theory… — full analysis with a trial
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