James CALDERBANK and Thomas A. Bustin, Appellants, v. Gabriel CAZARES and Margaret Cazares, his wife, and the Church of Scientology of California, a California corporation, et al., Appellees., 435 So. 2d 377


Summary

In an action pending against appellee church in the trial court, appellee attempted to depose appellant witness. When appellant witness refused to answer certain questions, appellee filed a motion to compel. The trial court entered an order compelling appellant witness to respond, and appellants, a witness and his attorney, sought review. The issue under Fla. R. Civ. P. 1.280(b)(1) was whether or not the questions asked were relevant to the underlying action and appeared reasonably calculated to lead to the discovery of admissible evidence. The court quashed the trial court's order which compelled appellant witness to answer the questions at issue. The court found that there was nothing in the pleadings, the trial court order or in appellee's argument that demonstrated how the information sought was reasonably calculated to lead to the discovery of admissible evidence in the pending action.