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Email: samuel@walkerappeals.com | Phone: (407) 647-7887

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Phillips v. Phillips

Discovery
Phillips v. Phillips
44 Fla. L. Weekly D494a
Second DCA; February 20, 2019

A wife sued her husband for divorce, and filed a motion for temporary support and attorney’s fees.  In anticipation of a hearing on her motion, the wife subpoenaed financial records from her husband’s trust funds.  The trusts objected, and moved to quash the subpoena.  At a hearing on the motion, the husband stipulated that he could afford to pay “whatever the trial court ordered.”  Based on the husband’s stipulation, the trial court sustained the trusts’ objections, and quashed the subpoenas.  The wife then filed a petition for a writ of certiorari.  Did the trial court depart from the essential requirements of the law by sustaining the objections and quashing the subpoenas?

  • The Second DCA said “yes.”
  • The wife had a right to prove her case and, therefore, a right to the discovery. Also, the trial court had an obligation, under Florida Statutes, §61.16, to make findings of fact regarding the parties’ financial resources.  The trial court must make findings of fact sufficient to permit appellate review of the trial court’s decisions.


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