Shojaee v. Anibal J. Duarte-Viera, P.A.
In a suit alleging that an LLC manager improperly withdrew millions from company accounts, the plaintiff subpoenaed sweeping financial records from two entities allegedly controlled by the defendant and from the defendant's ex-wife (including divorce financial affidavits, settlement agreement, and deposition transcripts). The Third DCA granted certiorari and quashed the order overruling the defendant's objections, holding that compelled disclosure of financial and divorce-related information causes irreparable harm absent a showing of relevance, and that relevance was shown neither by the pleadings nor by any evidence properly admitted.
Key facts
- Plaintiff sued LLC manager alleging improper withdrawal of millions from company accounts; defendant and ex-wife objected to subpoenas for financial records, divorce documents, and deposition transcripts from entities allegedly controlled by defendant and from ex-wife.
- Trial court overruled objections and compelled production of financial and divorce-related documents; defendant sought certiorari review.
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Why it matters
A useful certiorari template for resisting broad third-party financial subpoenas: the court reaffirms that financial and divorce records carry per se irreparable harm and that the proponent must anchor relevance in the… — full analysis with a trial
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