Bank of America, N.A. v. The Bank of New York Mellon
Non-party Bank of America sought certiorari review of orders compelling production of internal policies and procedures concerning lost note affidavits, which it claimed were trade secrets. The Third District held the trial court departed from the essential requirements of law by ordering production without conducting the required in camera inspection or evidentiary hearing under the Sea Coast Fire three-step test and without fashioning protective measures, quashing the orders as to the disputed materials and remanding.
Key facts
- Bank of America sought certiorari review as a non-party to challenge trial court orders compelling production of its internal policies and procedures concerning lost note affidavits, which it claimed were trade secrets.
- The trial court ordered production of the disputed materials without conducting an in camera inspection or evidentiary hearing and without imposing protective measures under Florida law.
- +2 more key facts with a free trial
Why it matters
The opinion reaffirms the Sea Coast Fire three-step trade secret discovery protocol but adds a pointed preservation warning: counsel asserting trade secret objections must affirmatively request an in camera inspection… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.