SHARP INSURANCE AGENCY, INC.
v.
SOLEX INVESTMENTS, LLC

Fla. 3d DCA | 2025-01-02
No. 3D2024-1792
365 So. 3d 1184 Florida District Court of Appeal, Third District (2025) Caution
Cited by 1 case

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Holding

Financial information is subject to discovery if it is relevant to the lawsuit, notwithstanding Article I, section 23 of the Florida Constitution's protection of financial privacy.


Headnotes

[1] Financial information otherwise protected by Article I, section 23 of the Florida Constitution may be discovered if relevant to the issues in the litigation.

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Key Quotes

“Financial information may be produced, however, if it is relevant to the lawsuit.”

Articulating the exception to constitutional financial privacy protection

Facts & Procedural History

Sharp Insurance Agency petitioned for a writ of certiorari challenging a circuit court order requiring disclosure of financial information in a lawsui…

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Opinion of the Court

PER CURIAM.

Petition denied. See Borck v. Borck, 906 So. 2d 1209, 1211 (Fla. 4th

DCA 2005) (“Article I, section 23, of the Florida Constitution protects the financial information of persons if there is no relevant or compelling reason to compel disclosure.”); Shojaee v. Anibal J. Duarte-Viera, P.A., 365 So. 3d

1184, 1187 (Fla. 3d DCA 2023) (“Financial information may be produced,

however, if it is relevant to the lawsuit.”); Elsner v. E-Commerce Coffee Club,

126 So. 3d 1261, 1263 (Fla. 4th DCA 2013) (“While the potential invasion of privacy may provide a threshold showing of irreparable harm, certiorari may be granted only where the petitioner ‘affirmatively establishe[s]’ that the financial information is irrelevant to any issue in the litigation and not likely to lead to the discovery of admissible evidence.” (citations omitted)).

Petition denied.


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Citator

Cited By

  • Sharp Ins. Agency, Inc. v. Solex Invs., LLC, 365 So. 3d 1184 (Fla. 3d DCA 2025)
    …So. 2d 1209, 1211 (Fla. 4th DCA 2005) (“Article I, section 23, of the Florida Constitution protects the financial information of persons if there is no relevant or compelling reason to compel disclosure.”); Shojaee v. Anibal J. Duarte-Viera, P.A., 365 So. 3d 1184, 1187 (Fla. 3d DCA 2023) (“Financial information may be produced, however, if it is relevant to the lawsuit.”); Elsner v. E-Commerce Coffee Club, 126 So. 3d 1261, 1263 (Fla. 4th DCA 2013) (“While the potential invasion of privacy may provide a thres…

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