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Wheeling-Culligan v. Allen

Court order quashing Florida plaintiffs' subpoena to take Georgia witness's deposition is presumed correct because the order was based on the witness's interrogatory responses that were not included in the record on appeal.

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In 1994, Kathryn Wheeling-Culligan and a number of other flight attendants “Wheeling-Culligan” sued Delta in a Florida court for alleged breach of contract. In 1998, Wheeling-Culligan served Ronald Allen, who retired from his position as Chief Executive Officer and Chairman of the Board of Delta in 1997, with a subpoena for his deposition. Allen lives in Fulton County, Georgia. Allen filed a motion for a protective order and a motion to quash the subpoena in Fulton County Superior Court. The Fulton County Superior Court judge granted the motion for a protective order and stayed ruling on the motion to quash pending the service of and response by Allen to seventy-five interrogatories.

Thereafter, the Fulton County Superior Court judge held another hearing to review Allen’s interrogatory responses and to rule on Allen’s motion to quash the deposition subpoena. The judge quashed the deposition subpoena, finding that Allen adequately responded to the interrogatories and that Wheeling-Culligan had alternate sources with more direct, specific or unique knowledge of the matters of which she sought to depose Allen. Wheeling-Culligan appeals this ruling. We affirm the decision of the trial court as the appellate record is inadequate to permit this Court to do otherwise.

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