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Morell v. Booth

District Court of Appeal of Florida, Fifth District
Mar 5, 2010
29 So. 3d 429 (Fla. Dist. Ct. App. 2010)

Summary

concluding that the trial court erred by imposing sanctions against a nonparty, absent a finding of contempt

Summary of this case from Hutchinson v. Anderson

Opinion

No. 5D09-3308.

March 5, 2010.

Petition for Certiorari Review of Order from the Circuit Court for Orange County, Janet C. Thorpe, Judge.

Eben Self of The Law Office of Eben C. Self, P.A., Orlando, for Petitioner.

Jon S. Rosenberg, Orlando, for Respondent.


Petitioner, a non-party to a dissolution proceeding, seeks review of an order compelling her to produce financial records and overruling her objection based on her constitutional right of privacy. We conclude that Respondent failed to show a compelling need for the records sufficient to defeat Petitioner's privacy rights. We also conclude that the trial court erred by imposing sanctions against Petitioner, a non-party, absent a finding of contempt. The portion of the lower court's order compelling the production of the records is quashed; the portion imposing sanctions is reversed. Price v. Hannahs, 954 So.2d 97 (Fla. 2d DCA 2007).

PETITION GRANTED; ORDER QUASHED IN PART AND REVERSED IN PART.

GRIFFIN, TORPY and LAWSON, JJ., concur.


Summaries of

Morell v. Booth

District Court of Appeal of Florida, Fifth District
Mar 5, 2010
29 So. 3d 429 (Fla. Dist. Ct. App. 2010)

concluding that the trial court erred by imposing sanctions against a nonparty, absent a finding of contempt

Summary of this case from Hutchinson v. Anderson
Case details for

Morell v. Booth

Case Details

Full title:Maureen MORELL, Petitioner, v. Kathleen BOOTH, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 5, 2010

Citations

29 So. 3d 429 (Fla. Dist. Ct. App. 2010)

Citing Cases

Hutchinson v. Anderson

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