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Liebreich v. Church of Scientology Flag Service Organization, Inc.

Citations: 816 So. 2d 776; 2002 Fla. App. LEXIS 6338; 2002 WL 959992Docket: No. 2D01-2518

Court: District Court of Appeal of Florida; May 10, 2002; Florida; State Appellate Court

Narrative Opinion Summary

In a legal dispute involving the estate of Lisa McPherson and the Church of Scientology Flag Service Organization, the estate, represented by Dell Liebreich, petitioned the court for a writ of certiorari to quash a discovery order. This order required the estate to answer interrogatories concerning the sources of its legal funding. The primary legal issues revolved around the relevance and admissibility of the requested discovery information in the context of the church's claims of breach of contract and tortious interference related to a litigation agreement. The court, referencing a prior decision in Estate of McPherson ex rel. Liebreich v. Church of Scientology Flag Service Organization, Inc., determined that the discovery request was irrelevant and unlikely to lead to admissible evidence. Consequently, the court granted the writ, quashed the trial court's order from June 5, 2001, and affirmed the estate's position. Judges Salcines and Stringer concurred with this decision, underscoring the court's commitment to precedent and the proper scope of discovery in litigation.

Legal Issues Addressed

Precedential Influence on Current Rulings

Application: The decision to quash the discovery order was influenced by a prior ruling in the same litigation context, underscoring the continuing relevance of earlier decisions.

Reasoning: The court grants the writ and quashes the discovery order, referencing the precedent set in Estate of McPherson ex rel. Liebreich v. Church of Scientology Flag Service Organization, Inc., 815 So.2d 678 (Fla. 2d DCA 2002).

Relevance of Discovery Requests

Application: The court finds the church's request for information about the estate’s legal funding as irrelevant and unlikely to produce admissible evidence.

Reasoning: It finds that the church’s request for information regarding the funding sources for the estate’s legal counsel is irrelevant and not likely to yield admissible evidence in the ongoing case.

Writ of Certiorari in Discovery Orders

Application: The court grants the writ of certiorari, quashing the discovery order that required responding to interrogatories, indicating that the trial court's order was inappropriate.

Reasoning: The court grants the writ and quashes the discovery order, referencing the precedent set in Estate of McPherson ex rel. Liebreich v. Church of Scientology Flag Service Organization, Inc., 815 So.2d 678 (Fla. 2d DCA 2002).