MAUREEN MORELL, PETITIONER,
v.
KATHLEEN BOOTH, RESPONDENT
MAUREEN MORELL, PETITIONER,
KATHLEEN BOOTH, RESPONDENT
29 So. 3d 429
Florida District Court of Appeal, Fifth District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
Petitioner, a non-party to a dissolution proceeding, seeks review of an order compelling her to produce financial records and overruling her objection based on her constitutional right of privacy. We conclude that Respondent failed to show a compelling need for the records sufficient to defeat Petitioner’s privacy rights. We also conclude that the trial court erred by imposing sanctions against Petitioner, a non-party, absent a finding of contempt. The portion of the lower court’s order compelling the production of the records is quashed; the portion imposing sanctions is reversed. Price v. Hannahs, 954 So.2d 97 (Fla. 2d DCA 2007).
PETITION GRANTED; ORDER QUASHED IN PART AND REVERSED IN PART.
GRIFFIN, TORPY and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hutchinson v. Anderson, 226 So. 3d 353 (Fla. 2d DCA 2017)…rsing sanctions order that did not and could not find the nonparty deponent in contempt because the evidence did not establish that the nonparty failed to be sworn or to answer a question after being directed to do so by the court); Morell v. Booth, 29 So. 3d 429, 429 (Fla. 5th DCA 2010) (concluding that the trial court erred by imposing sanctions against a nonparty, absent a finding of contempt). Petition granted; order quashed. SILBERMAN, SLEET, and LUCAS JJ., Concur.…
Authorities Cited
- Price v. Hannahs, 954 So. 2d 97 (Fla. 2d DCA 2007)