Metalonis v. Metalonis
In a dissolution/relocation case, the trial court ordered a wife to produce "any and all text messages" exchanged with her mother over a period of more than two years, and denied a protective order. The Third District granted certiorari and quashed both orders, holding that the record showed no balancing of the requested discovery's relevance and necessity against the constitutional privacy interests of the wife and her non-party mother, and that confidentiality limits in the orders did not cure the intrusion.
Key facts
- Wife and husband litigated dissolution of marriage and relocation issues in trial court.
- Trial court ordered wife to produce all text messages with her mother over two years and denied her request for a protective order.
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Why it matters
This opinion gives litigators a strong certiorari vehicle for challenging sweeping ESI and cellphone discovery: it holds the trial court must affirmatively balance relevance/necessity against Article I, section 23… — full analysis with a trial
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