LUIS A. GOMEZ
v.
THE STATE OF FLORIDA
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Attorneys may only be required to turn over documents that actually exist and are in their possession.
[1] A discovery obligation to produce documents is limited to documents that actually exist and are in the possessing party's possession or control.
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Join FLexlaw to unlock all legal intelligence“attorneys may only be required to turn over documents which actually exist and are in their possession”
Simmons v. State, 40 So. 3d 874, 875 (Fla. 3d DCA 2010)
Gomez sought discovery or mandamus relief regarding documents. The state's counsel represented that certain requested documents did not exist or were …
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PER CURIAM.
Affirmed. Smith v. State, 889 So. 2d 1009, 1010 (Fla. 3d DCA 2004) (denying a petition for a writ of mandamus where the defendant’s counsel “represent[ed] that he ha[d] no such documents.”); Johnson v. State, 304 So. 3d 1226, 1226 (Fla. 3d DCA 2019); Simmons v. State, 40 So. 3d 874, 875 (Fla. 3d DCA 2010) (“[A]ttorneys may only be required to turn over documents which actually exist and are in their possession.”); Harrell v. State, 963 So. 2d 359, 360 (Fla. 2d DCA 2007) (noting that “the majority of the documents requested typically reside in the court file and can be obtained from the clerk of court”); Elghomari v. State, 66 So. 3d 416, 420 (Fla. 4th DCA 2011) (“Florida Rule of Criminal Procedure 3.220(b)(1)(B) requires the state to disclose to the defendant ‘the statement of any person’ who is a witness.”) (emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mills v. State, 889 So. 2d 1009 (Fla. 3d DCA 2004)
- Hakim Elghomari v. State, 66 So. 3d 416 (Fla. 4th DCA 2011)
- Amico v. Emp. Leasing Solutions & Ins. Co. of the Americas, 963 So. 2d 359 (Fla. 1st DCA 2007)
- Antwaun Durell Simmons v. State, 40 So. 3d 874 (Fla. 3d DCA 2010)
- Johnson v. State, 242 So. 3d 460 (Fla. 3d DCA 2018)