Cousino ex rel. Cousino v. State

SCHWARTZ, Chief Judge

(dissenting).

In resolving the discovery issue before us, we must balance the cognizable, permissible interests legitimately to be served by taking this child’s deposition — which, as opposed to the impermissible, indeed reprehensible ones it actually promotes, I believe to be utterly non-existent — with the potential harm to the child which would be obviated by precluding it. State v. Keitz, 410 So.2d 625 (Fla. 4th DCA 1982); see generally South Florida Blood Service, Inc. v. Rasmussen, 467 So.2d 798 (Fla. 3d DCA 1985); Dade County Medical Ass’n v. Hlis, 372 So.2d 117 (Fla. 3d DCA 1979). On that basis, I think it clear that the trial court abused its discretion and departed from the essential requirements of the law in denying the motion for a protective order that no deposition whatever be taken. Hence, I would quash the order under review outright.