PYSZKA, KESSLER, MASSEY, WELDON, CATRI, HOLTON & DOUBERLEY, P.A., PETITIONER,
v.
CLAUDIA MULLIN, RESPONDENT
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A law firm sought a writ of certiorari to quash a trial court's denial of its motion for protective order in a dissolution of marriage case where the spouse sought discovery of the firm's financial documents to determine the husband-attorney's financial interest. The court held that while privacy rights protect other partners' financial information, the trial court must balance competing interests and limit discovery to documents probative of the husband's financial interest in the firm.
The trial court departed from the essential requirements of law by failing to enter a protective order limiting discovery. Discovery should be narrowed to documents probative of the husband's financial interest in the firm, thereby balancing the privacy rights of other partners against the spouse's legitimate need to ascertain marital assets. The firm's articles of incorporation, register of issued stock, investment documents, husband's financial records, and year-end financial statements are sufficient to serve this purpose.
[1] A protective order limiting the scope of discovery may be warranted when discovery requests seek information that unnecessarily violates privacy rights.
[2] In determining whether to limit discovery to protect privacy rights, a trial court must balance competing interests.
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Join FLexlaw to unlock all legal intelligence“In determining whether to limit the scope of discovery to protect a person's right of privacy, the trial court must balance the relevant competing interests.”
Establishes the legal standard for protective orders based on privacy rights in discovery disputes.
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Join FLexlaw to unlock all legal intelligenceClaudia Mullin served a subpoena duces tecum on a law firm during her dissolution of marriage action, requesting production of various financial docum…
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BASKIN, Judge.
Pyszka, Kessler, Massey, Weldon, Catri, Holton, and Douberley, P.A. [the firm], seeks a writ of certiorari quashing the trial court’s denial of a motion for protective order. During discovery in her action for dissolution of marriage, Claudia Mullin served the firm with a subpoena duces tecum requesting production of a myriad of financial documents.1 She sought discovery to ascertain her husband’s financial interest in the law firm where her husband works as an attorney. The firm is not a party to the dissolution proceeding; however, it submitted an affidavit asserting that the husband is a non-equity partner and that he earns the greater of $85,000 or 4% of the firm’s net yearly profits. The firm filed a motion for protective order, arguing that certain documents were not subject to discovery.
The trial court denied the motion.2 We grant certiorari review upon a determination that the trial court departed from the essential requirements of law: the firm demonstrated good cause warranting entry of a protective order limiting the scope of discovery. See Federal Deposit Ins. Co. v. Balkany, 564 So. 2d 580 (Fla. 3d DCA 1990); Fla.R.Civ.P. 1.280(c).
The disclosure of information delineating the partners’ financial situations unnecessarily violates their privacy rights. See Orlowitz v. Orlowitz, 199 So. 2d 97, 98 (Fla.1967); Bradstreet v. Taraschi, 529 So. 2d 809, 810 (Fla. 5th DCA 1988); Palmer v. Servis, 393 So. 2d 653, 655 (Fla. 5th DCA 1981).
In determining whether to limit the scope of discovery to protect a person’s right of privacy, the trial court must balance the relevant competing interests. Rasmussen v. South Florida Blood Serv., Inc., 500 So. 2d 533, 538 (Fla.1987); Peisach v. Antuna, 539 So. 2d 544 (Fla. 3d DCA 1989).
Here, the competing interests are served by limiting discovery to documents probative of the husband’s financial interest in the firm. See Rasmussen, 500 So. 2d at 538; Smith v. Bloom, 506 So. 2d 1173, 1175 (Fla. 4th DCA 1987); cf. Jerry’s South, Inc. v. Morran, 582 So. 2d 803, 804-805 (Fla. 1st DCA 1991); Balkany, 564 So. 2d at 580. The requested discovery includes documents that do not pertain to the husband and are not likely to disclose his interest in the firm.
However, the firm has not objected to production of the husband’s financial records, or inspection of the firm’s articles of incorporation, the register of issued stock, documents showing the firm’s investments or the pertinent year-end financial statements. Those documents are sufficient to enable Claudia Mul-lin to ascertain her husband’s interest in the firm. See Peisach, 539 So. 2d at 546-547. For these reasons, we conclude that the trial court departed from the essential requirements of law in failing to enter an appropriate protective order.
Accordingly, we quash the order denying the motion for protective order. Certiorari granted; order quashed; remanded with direction to enter an appropriate protective order. . Claudia Mullin requested production of documents pertinent to the husband's compensation. In addition, she requested copies of all benefit plans, insurance policies, financial statements given to third parties, loan documents, investments, documents used to calculate income, liability invoices, and documents showing gross income as well as certain state, federal, county, personal property and intangible tax returns.
. The trial court ruled that the firm must produce copies of the husband’s pay checks, pay stubs, payroll records, pension fund accounts and statements, all firm benefit plans, all reimbursements to the husband and all credit card transactions by and on behalf of the husband. The court ordered the firm to permit inspection and copying of the remaining requested documents on condition that the contents remain confidential. The court directed Claudia Mullin to cross out attorney-client confidential information, trade secrets, and references to irrelevant matters.
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Smith v. TIB Bank OF THE Keys, 687 So. 2d 895 (Fla. 3d DCA 1997)…As stated above, we reject Smith’s argument that the bank has no real need for the information sought, or that the trial court improperly weighed the interests at stake. See Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A v. Mullin, 602 So. 2d 955 (Fla. 3d DCA 1991). As the bank points out, this is not only a boundary dispute, but also an action alleging fraud and breach of contract. The material sought to be discovered properly related to the issues involved in the litigation. Everglades Pro…
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rasmussen v. S. Fla. Blood Serv., Inc., 500 So. 2d 533 (Fla. 1987)
- Orlowitz v. Ellis K. Orlowitz, 199 So. 2d 97 (Fla. 1967)
- Peisach v. Antuna, 539 So. 2d 544 (Fla. 3d DCA 1989)
- Jerry's S., Inc. v. Morran, 582 So. 2d 803 (Fla. 1st DCA 1991)
- W. G. (Gerry) Palmer & Audio Sys. of Fla., Inc. v. Servis, 393 So. 2d 653 (Fla. 5th DCA 1981)
- Smith v. Bloom, 506 So. 2d 1173 (Fla. 4th DCA 1987)
- Fed. Deposit Ins. Corp. v. Caron J. Balkany, 564 So. 2d 580 (Fla. 3d DCA 1990)
- Sylvester v. State, 529 So. 2d 809 (Fla. 5th DCA 1988)