RHEA KILLINGER, PETITIONER,
v.
GUARDIANSHIP OF HAZEL IONE GRABLE, ETC., RESPONDENT

Fla. 5th DCA | 2008-04-25
No. 5D07-4033
PLEUS and ORFINGER, JJ., concur.
983 So. 2d 30 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 7 cases

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Synopsis

Rhea Killinger sought certiorari review of a discovery order requiring her to produce documents in a guardianship proceeding where her sister challenged her appointment as guardian of their incapacitated mother. The court denied the petition, holding that the financial records, telephone statements, and correspondence were relevant and that discovery orders compelling production of relevant information cannot cause irreparable harm warranting certiorari review.


Holding

Certiorari review of discovery orders is generally not appropriate based solely on arguments that requests are overbroad, irrelevant, or burdensome. Orders compelling production of relevant financial information cannot cause irreparable harm; telephone records are not privileged and cannot cause irreparable harm; and correspondence requests do not impinge on constitutional privacy rights. The petition for certiorari was denied.


Headnotes

[1] Certiorari is generally not appropriate to review pre-trial orders compelling discovery based solely on arguments that the discovery request is overbroad, irrelevant, or…

[2] Certiorari may be used to review pre-trial orders compelling discovery where disclosure of the requested materials may reasonably cause material injury of an irreparable…

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Key Quotes

“While certiorari may be used to review pre-trial orders compelling discovery, it is generally not appropriate simply based on an argument that the discovery request is overbroad, irrelevant, or burdensome.”

Establishes the general standard that overbreadth, irrelevance, or burden alone are insufficient grounds for certiorari review of discovery orders.

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Facts & Procedural History

Hazel Ione Grable suffers from dementia and cognitive impairments. Sandra Marie Craft petitioned to be appointed guardian and alleged that Killinger h…

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Opinion of the Court
COHEN, J.

COHEN, J.

Rhea Killinger seeks certiorari review of an order compelling production of documents in a guardianship proceeding commenced by her sister, respondent Sandra Marie Craft, who disputes whether Killing-er’s appointment as plenary guardian is in the best interests of their incapacitated mother, Hazel lone Grable. We deny relief.

Craft, alleging that their mother suffers from dementia and related severe memory, cognitive, and judgment impairments, petitioned for appointment as guardian. Craft contended that Killinger had engaged in self-dealing while serving as trustee of the ward’s trust. Killinger filed a counter-petition seeking her own appointment as plenary guardian because their mother had indicated in a pre-need document her desire that Killinger be appointed guardian in the event of incapacity. According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need guardian designee shall be appointed unless the court determines that appointing such person is contrary to the best interests of the ward. Craft sought to establish that the best interests of the ward would be served by her appointment rather than Killinger’s and requested that Killinger produce an extensive list of documents. In response, Killinger filed a motion for protective order, objecting to every request as over-broad, irrelevant, burdensome, and privileged. After a hearing, the court denied the motion for protective order. This petition for certiorari ensued.

While certiorari may be used to review pre-trial orders compelling discovery, it is generally not appropriate simply based on an argument that the discovery request is overbroad, irrelevant, or burdensome. Megaflight, Inc. v. Lamb, 749 So. 2d 594, 595 (Fla. 5th DCA 2000). As the Florida Supreme Court has observed: “We cannot view the harm suffered by this disclosure as significantly greater than that which might occur through discovery in any case in which it is ultimately determined that the complaint should have been dismissed.” Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla.1987). However, certiorari will he to address an order requiring the production of burdensome or irrelevant information where disclosure of these materials may reasonably cause material injury of an irreparable nature. Tanchel v. Shoemaker, 928 So. 2d 440, 442 (Fla. 5th DCA 2006). As a condition precedent to invoking this court’s certiorari jurisdiction, the petitioner must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal. Holden Cove, Inc. v. 4 Mac Holdings, Inc., 948 So. 2d 1041 (Fla. 5th DCA 2007).

Killinger classifies the requests into four general categories: confidential financial records (request numbers 1-6, 9, 11, 13); confidential financial records relating to the education and medical treatment of Killinger’s minor son (request number 7); telephone records (request number 8); and correspondence (request number 10, 16-17). Although Killinger does not identify any applicable privilege, she raises privacy concerns and declares irrelevant requested information about her expenditures for her minor son’s medical treatment.

Turning to the first category of financial records, the trial court denied the motion for protective order on the basis that the financial information was relevant to assess whether Killinger would be an appropriate plenary guardian. We lack a transcript of the hearing or a statement of facts to assist in evaluating the trial court’s determination, and consequently, must presume the correctness of its ruling. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). We note that an order compelling production of relevant financial information cannot cause irreparable harm, and, therefore, we deny the writ as to the documents seeking financial information in requests numbered 1-6, 9, 11, and 13. See In re Estate of Sauey, 869 So. 2d 664, 665 (Fla. 4th DCA 2004).

Request 7 seeks Killinger’s expenditures on the education and medical treatment of her minor son and refers to a specific treatment center. The trial judge implicitly determined, and we cannot disagree, that Killinger’s finances were relevant to the allegations of misappropriation of the ward’s assets. The request sought only amounts paid, presumably with the end goal of attempting to establish financial improprieties. The request does not encompass medical records detailing treatment or other confidential matters. Without a transcript of the hearing, we presume the trial judge weighed the need for disclosure of these records against the privacy rights implicated. Certiorari is not warranted.

Additionally, Killinger objects to the production of telephone statements reflecting the time and dates of phone calls from either her or her husband to the ward within the past two years. Craft seeks to establish how much contact Kil-linger had with their mother during that period. Telephone statements are not subject to any recognized privilege, nor can they be viewed as material that could cause irreparable harm to a non-party. Certiorari will not lie simply based on an argument that the discovery request is overly broad, irrelevant, or unduly burdensome. Megaflight, 749 So. 2d at 595. Thus, we deny the writ as it is directed to request number 8.

The final category sought production of correspondence between Killing-er and her mother and other third parties connected to her care. While court orders compelling discovery constitute a state action that may impinge on constitutional rights, including the constitutional right of privacy, Berkeley v. Eisen, 699 So. 2d 789, 790 (Fla. 4th DCA 1997), these particular requests do not involve disclosure of personal information about any of the third parties and do not appear to impinge on any constitutional rights to privacy. In any event, it is the function of the trial court to balance the competing interests. See Rasmussen v. S. Fla. Blood Serv., Inc., 500 So. 2d 538, 536 (Fla.1987). It may or may not have done so at the hearing below. Killinger does not allege that the trial court failed to balance the competing interests nor does she explain how disclosure of these documents rises to the level of an invasion of one’s constitutional right of privacy. Without a transcript or statement to demonstrate otherwise, we must presume that the trial court’s findings are correct.

CERTIORARI DENIED.

PLEUS and ORFINGER, JJ., concur.


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Citator

Cited By

  • …; Martin-Johnson, Inc., 509 So. 2d at 1099; McDonald v. Johnson, 83 So. 3d 889, 891 (Fla. 2nd DCA 2012) (“This court considers the second and third prongs first because they are used to determine jurisdiction.”); Killinger v. Guardianship of Grable, 983 So. 2d 30, 32 (Fla. 5th DCA 2008); Harley Shipbuilding Corp. v. Fast Cats Ferry Serv., LLC, 820 So. 2d 445, 448 (Fla. 2d DCA 2002). If the party seeking review does not demonstrate that it will suffer material injury of an irreparable nature, then an appella…
  • Coral Gables Chiropractic PLLC v. United Auto. Ins. Co., 199 So. 3d 292 (Fla. 3d DCA 2016)
    …to discovery.’” Id. (quoting Katzman v. [*295] Rediron Fabrication, Inc., 76 So. 3d 1060, 1062 (Fla. 4th DCA 2011)). The same principle has been held to generally bar review of relevancy objections to discovery. Killinger v. Guardianship of Grable, 983 So. 2d 30, 32 (Fla. 6th DCA 2008) (“While certiorari may be used to review pre-trial orders compelling discovery, it is generally not appropriate simply based on an argument that the discovery request is overbroad, irrelevant, or burdensome.”). Here, UAIC se…
  • …seems clear to us that the mere fact of unwarranted effort and expense is not, by itself, synonymous with a ‘departure from the essential requirements of law’ [e.s.] for which immediate review is necessary.”); Killinger v. Guardianship of Grable, 983 So. 2d 30, 32 (Fla. 5th DCA 2008) (“While certiorari may be used to review pre-trial orders compelling discovery, it is generally not appropriate simply based on an argument that the discovery request is overbroad, irrelevant, or burdensome.”).…

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