Law Offices of Adorno-Cunill & Damas, P.L. v. Dylewski
In a legal malpractice suit arising from a marital settlement agreement, the trial court sustained the plaintiff ex-husband's objection and barred any discovery of his post-settlement income from his employer. The Third District granted certiorari, holding that because the plaintiff's own complaint alleged his $950,000 income was 'unusually high' and 'temporary' in light of an intended reduction, a blanket denial of post-settlement income discovery eviscerated the law firm's defense and caused irreparable harm.
Key facts
- Law firm sued ex-husband for legal malpractice arising from a marital settlement agreement.
- Trial court sustained ex-husband's objection and barred all discovery of his post-settlement income from his employer.
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Why it matters
The opinion crystallizes the 'evisceration' exception to the general rule that discovery denials are not certiorari-reviewable, offering a usable formulation: denial is eviscerating when trial would become a meaningless… — full analysis with a trial
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