Opinion
3D23-1655
03-06-2024
Jesse Sutton, Petitioner, v. Wilmington Trust, National Association, etc., et al., Respondents.
Robert Flavell, P.A., and Robert Flavell (Celebration), for petitioner. Robert G. Post, P.A., and Robert G. Post, for respondents Matthew Samsonovitch and Lauren Gorski.
Not final until disposition of timely filed motion for rehearing.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Lower Tribunal No. 19-23438 Migna Sanchez-Llorens, Judge.
Robert Flavell, P.A., and Robert Flavell (Celebration), for petitioner.
Robert G. Post, P.A., and Robert G. Post, for respondents Matthew Samsonovitch and Lauren Gorski.
Before LOGUE, C.J., and FERNANDEZ, and LINDSEY, JJ.
LOGUE, C.J.
Petitioner petitions for a writ of certiorari to quash an order compelling him to produce financial records. These records relate to an application for refinancing that Petitioner maintained would support cancelling a scheduled foreclosure sale. Although Petitioner correctly asserts that the disclosure of financial records may constitute a material injury that cannot be remedied on appeal, it was the Petitioner who introduced the issue of the refinancing into the litigation to show mistake and to counter allegations of fraud and delay. In these circumstances, where materials sought by a party "would appear to be relevant to the subject matter of the pending action," it is not a departure from the essential requirements of law for a trial court to allow discovery of the materials. Epstein v. Epstein, 519 So.2d 1042, 1043 (Fla. 3d DCA 1988). A party's finances, if relevant to the disputed issues of the underlying action, are not excepted from discovery under this rule of relevancy, and courts will compel production of personal financial documents and information if shown to be relevant by the requesting party. Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla. 2003).
Petition denied.