Brannock Berman & Seider Defeats Certiorari Petition From Prominent Tampa Restaurateur

In an opinion issued after Brannock Berman & Seider filed a comprehensive written response, the Second District Court of Appeal denied out-of-hand a petition from a Tampa chef seeking to overturn an order allowing financial discovery in a business dispute with a former investor in her restaurants.

The discovery fight stems from a breach-of-contract and fraud lawsuit filed by the investor, who gave the chef money for her restaurant businesses in return for an ownership stake. In connection with the lawsuit, the investor served several routine requests to produce documents related to the businesses, which the chef refused to answer. The trial court ultimately got involved and ordered the production, but the chef petitioned the Second District to grant certiorari relief and prevent the discovery.

Brannock Berman & Seider was hired to respond to the cert petition, which raised several bases to undo the trial court’s ruling. The firm’s response pointed out that the petition did not establish the kind of harm necessary for a writ of certiorari and that the documents are discoverable because they are relevant to the lawsuit. The Second District embraced Brannock Berman & Seider’s arguments, denying the petition without comment.