Law Offices of Adorno-Cunill & Damas, P.L. v. Mark Dylewski, M.D.
The Third District granted certiorari and quashed a blanket order barring a defendant law firm from discovering its former client's post-settlement income in a legal malpractice action. Because the malpractice complaint itself alleged that the client's income was temporarily inflated and would decline, the denial of discovery into the subsequent income eviscerated the firm's defense and caused irreparable harm. The court also synthesized the district precedent into an express formulation of the 'evisceration' test for certiorari review of discovery denials.
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