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WRONGFUL DEATH - DISCOVERY - ERROR TO ALLOW DISCOVERY THAT CREATES IRREPARABLE HARM THAT CANNOT BE REMEDIED ON APPEAL

McPherson v. Church of Scientology Flag Service Organization, Inc. 27 Fla. L. Weekly D854 (Fla. 2d DCA April 12, 2002)

In a wrongful death action, the defendant church requested the plaintiff to provide documents addressing funding provided to the estate for costs, expenses or fees associated with the litigation. Previous discovery revealed funding had been provided to the estate’s attorney to aid in the wrongful death action. The estate petitioned the court for a Writ of Certiorari to quash the trial court’s order granting the Church’s 41st request for production.

The 2d DCA held that requiring the plaintiff to produce documents concerning a third party’s contributions to fund the litigation expenses would create irreparable harm. Forcing the disclosure of how much money was available for litigation before the conclusion of the case would reveal how long the plaintiff could litigate.

The 2d DCA held that the information sought was not reasonably calculated to lead to the discovery of admissible evidence in the trial of the wrongful death action. The Petition for Writ of Certiorari was granted and the trial court’s order granting the church’s request for production was quashed.

JLH/RMF/bjh

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It's about this Second District Court of Appeal of Florida opinion http://www.whyaretheydead.net/lisa_mcpherson/legal/2d01-4036.htm

Mike Gormez

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