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Tag: miamilawsuit

Keeping Your Personal Finances Confidential in a Miami Lawsuit

Uncategorized Jan 17, 2021
post about Keeping Your Personal Finances Confidential in a Miami Lawsuit

If you are involved in a Miami lawsuit, does your Miami litigation law firm know how to keep your personal finances confidential? A January 13, 2021 opinion from the Third District Court of Appeal https://www.3dca.flcourts.org/ reminds Miami lawyers, especially Miami probate lawyers, how to protect one’s private personal finances in the middle of litigation, even probate litigation. And, this Miami Dade appellate court opinion also reminds us what the law is when the other side wants to see your personal finances. https://www.3dca.flcourts.org/content/download/700566/opinion/201459_DC03_01132021_110929_i.pdf Discovery. Can one party to a lawsuit issue a subpoena or a request for production under the rules of civil procedure including Fla. R. Civ. Proc. 1.350 https://www-media.floridabar.org/uploads/2020/08/ADA-0-Civil-Procedure-Rules-Updated-8-18-2020.pdf to a party or non-party and get to see all your personal finances? Are you even comfortable showing them your tax returns, financial statements, loans, investments? Must you? Well the Miami-Dade appeals court case of Thomas v. State Farm Florida Ins. Co. reminds us that many times your personal finances are confidential. What’s the Test to Get Financial Information?: In Miami probate matters, where there is a will contest or an undue influence case, many times, one side wants to see all of your personal finances. But in Florida, our courts recognize that such data is private and typically kept secret. While the rules of discovery in probate lawsuits, and, indeed most lawsuits, are wide, your Miami lawyer must be careful regarding personal financial data. There is a “heightened standard” to get to see all that information. The requesting party […]

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Civil Contempt, Sanctions + Miami Lawsuits

Uncategorized Jan 17, 2021
post about Civil Contempt, Sanctions +  Miami Lawsuits

Are involved in a Miami lawsuit ? Did you hear the word “contempt” or “sanctions“? Not a good thing. A recent 3rd District Court of Appeal opinion from January 13, 2021 deals with civil contempt. It reminds all Miami trial lawyers about this sensitive subject. If you were found in contempt, one question which you have no doubt asked your Miami litigation law firm is: “Can I appeal this order of contempt?” Florida Civil Contempt Has an order of civil contempt been filed against you in a Miami lawsuit? If so, have you spoken to a Florida appellate attorney about seeking a writ of certiorari before Florida’s 3rd District Court of Appeal? A writ of certiorari is a “request” by a litigant, non-party, or party, asking the appeals court to review a trial court’s order. A recent, January 13, 2021 opinion from the appeals court for Miami-Dade deals with contempt. It reminds us of one important tenet of Florida law. Most Miami business litigators know this. “A party cannot be held in contempt for non-compliance with a court order if there party did not have the present ability to comply with the court order.” This quote is from the case of Children’s Home Society of Florida v. K.W., et al. You can read the entire opinion here: What is Contempt? A trial judge may enter an order of contempt for parties that don’t comply with court orders. Sanctions in a Miami lawsuit are a related but different concept of punishment. […]

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