Anyone involved in estate litigation in Palm Beach or throughout Florida knows that discovery is often very important in will contests Florida. A recent, December 3, 2014, ruling from Florida’s 1st District Court of Appeal speaks to a discovery appeal issue which is constant and repetitive. You must prove irreparable harm to often win at the Florida appeals court level when you are talking about certiorari review of a Florida discovery order.
Estate and Personal Representative vs. Big Tobacco (sort of)
- This case involved a lawsuit by the Personal Representative of a Florida estate against RJ Reynolds Tobacco Company (Case 1D14-3796, RJ Reynolds Tobacco Co. v. Ellis)
- There was a lower court (circuit court) ruling regarding discovery
- The Defendant wanted a subpoena to a doctor “quashed”
- Many Palm Beach probate litigators know that medical records and subpoenas to doctors are often very, very important when there are will contests, challenges to a will or trust, and when dementia or Alzheimers are at issue
- So, the estate “won” the discovery and subpoena issue at the trial level
- The Defendant sought review, certiorari, at the Florida appeals court, which held that the Defendant did not show irreparable harm
- Why should probate litigation law firms Palm Beach Gardens know about this? Because medical records and subpoenas to doctors, hospitals and health care workers are so important in undue influence cases Palm Beach.
- Was that rich aunt from Boca Raton OK? Was she competent when she changed her revocable trust? Or was she suffering from progressive dementia and should the revocable trust amendment be set aside or voided?
- A “bad” or “improper” discovery order can be rectified or corrected on appeal, after trial
- That’s why, if you want “cert review” from a Florida appeals court, now, during the trial, or Florida lawsuit, you generally have to demonstrate irreparable harm
- Do you know how to demonstrate irreparable harm at a Florida appeals court?