Financial Discovery in Florida Lawsuits — can you protect your financial privacy ?
Can someone find out how much you are worth just because a Florida lawsuit was filed? What if you are not even a party, but just a witness, in the lawsuit? Does that matter?
You Can’t Find Out How Much I’m Worth: Financial Privacy in Florida Lawsuits
- Florida gives its citizens a right to financial privacy
- A right to keep things that are personal and important to you from being given or disclosed to other people
- This Florida right to financial privacy is found in the Florida constitution and in opinions of the Florida Courts of Appeal
Trust & Estate Cases: Probate Litigation & Financial Discovery
- For Palm Beach probate lawyers, financial discovery often comes up
- In will contests or undue influence cases and even trust lawsuits
- How much money did mom or dad have? Where did it go?
- How much money does someone else have?
- Is financial discovery necessary ?
- Trustees of Florida trusts and executors of wills (personal representatives) can assert a right to privacy PRIVILEGE if it is done so appropriately
- A recent case from Florida’s 3rd District Court of Appeal dealt with financial privacy, although it was not a Florida probate litigation case
Attorney Client and Financial Privacy Privileges
- Anyone involved in probate litigation or commercial litigation in Florida may want to read the August 6, 2014 opinion of Florida’s 3rd DCA
- The case is Rousso v. Hannon and the WestLaw cite is: 2014 WL 3844037.
- You can also go to the court’s website: www.3dca.org and look under “opinions”
- Knowing whether a privilege applies in Florida probate litigation, or whether you can obtain private financial records, can be an important part of trial strategy
- Do you know what to do if you lose that motion?
- What are your appeals rights?
- Can you even “appeal” right then in the middle of the trust lawsuit ?
- Can you seek a petition for a writ of certiorari relief?