Opinion
Case No. 97-3873.
Opinion filed March 25, 1998. JANUARY TERM 1998. Rehearing, Clarification and Certification Denied May 11, 1998.
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Moses Baker, Jr., Judge; L.T. Case No. CL 97-1439 AD.
Marshall J. Osofsky of Lewis, Vegosen, Rosenbach Silber, P.A., West Palm Beach, for petitioners.
Theresa A. DiPaola and Theodore J. Leopold of Ricci, Hubbard, Leopold, Frankel Farmer, P.A., West Palm Beach, John C. Bell, Jr., and Pamela S. James of Bell James, Augusta, Georgia, for respondent.
We grant the petition for writ of certiorari, and quash the trial court's discovery order, only to the extent the order fails to prohibit respondent from using the names and addresses of Stewart's customers (discovered through production of records) for purposes of solicitation as named plaintiffs in this class action. See Deltona Corp. v. Estate of Bobinger, 582 So.2d 736 (Fla. 3d DCA 1991). In all other respects, we deny the petition.
REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
STONE, C.J., POLEN, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.