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Estate of McPherson ex rel. Liebreich v. Church of Scientology Flag Service Organization, Inc.

Citations: 813 So. 2d 1032; 2002 Fla. App. LEXIS 4725; 2002 WL 537627Docket: No. 2D01-4036

Court: District Court of Appeal of Florida; April 12, 2002; Florida; State Appellate Court

Narrative Opinion Summary

The estate of Lisa McPherson, represented by Dell Liebreich, seeks a writ of certiorari to quash a discovery order by the trial court, which allows the Church of Scientology to compel the estate to produce documents regarding financial contributions made by Robert Minton related to the wrongful death litigation. The estate argues that this order, part of the church's forty-first request for production, imposes a burden that could lead to irreparable harm, as it would disclose sensitive funding information that could undermine the estate's ability to litigate. The court agrees that the requested documents would not yield relevant evidence for the case and that the church's rationale appears speculative. Consequently, the court grants the petition, quashing the discovery order, and concludes that the order deviates from legal standards governing discovery. Judges Whatley and Casanueva concur with the decision.

Legal Issues Addressed

Burden and Irreparable Harm in Discovery

Application: The estate successfully argues that fulfilling the discovery request poses a burden that could result in irreparable harm by disclosing sensitive funding information.

Reasoning: The estate argues that this order, part of the church's forty-first request for production, imposes a burden that could lead to irreparable harm, as it would disclose sensitive funding information that could undermine the estate's ability to litigate.

Certiorari in Discovery Orders

Application: The court grants a writ of certiorari to quash a discovery order that is deemed to impose an undue burden and potentially cause irreparable harm.

Reasoning: The estate of Lisa McPherson, represented by Dell Liebreich, seeks a writ of certiorari to quash a discovery order by the trial court, which allows the Church of Scientology to compel the estate to produce documents regarding financial contributions made by Robert Minton related to the wrongful death litigation.

Deviation from Legal Standards in Discovery

Application: The court concludes that the trial court's discovery order deviates from the legal standards governing discovery, thus warranting its quashing.

Reasoning: Consequently, the court grants the petition, quashing the discovery order, and concludes that the order deviates from legal standards governing discovery.

Relevance of Discovery Requests

Application: The court determines that the requested documents would not provide relevant evidence for the case, thereby justifying the quashing of the discovery order.

Reasoning: The court agrees that the requested documents would not yield relevant evidence for the case and that the church's rationale appears speculative.