Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019-CA-004489
|
Parties
Name |
D/B/A PEACE RIVER CENTER
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
MICHAEL R. D'LUGO, ESQ.
|
|
Name |
RUTH MERHAR
|
Role |
Respondent
|
Status |
Active
|
Representations |
W. JOHN GADD, ESQ., DEAN BURNETTI, ESQ., RYAN W. ROYCE, ESQ.
|
|
Name |
ROBERT J. MORGENTHAL, M. D.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. JAMES A. YANCEY
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
STACY BUTTERFIELD, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-05-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-05-18
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-25
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this petition is dismissed per Fla R. App. P. 9.350(c).
|
|
Docket Date |
2023-04-25
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Stargel, Smith, and Mize
|
|
Docket Date |
2023-04-21
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ PETITIONER'S NOTICE OF VOLUNTARY DISMISSAL
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-08
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2022-11-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-11-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT'S RESPONSE TO DEFENDANT PEACE RIVER CENTERS FOR PERSONAL DEVELOPMENT PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-11-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-10-14
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
Docket Date |
2022-10-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-10-13
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2022-10-13
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2022-10-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-04-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Peace River Center (“Petitioner”) has filed a Petition for Writ of Certiorari (“Petition”). Petitioner is seeking to quash the trial court’s order granting certain discovery requests despite certain privilege objections. This Court does have jurisdiction over this non-final order. In cases regarding writs of certiorari for non-final orders, the Florida Supreme Court has held that writs of certiorari may be granted when “a discovery order departs from the essential requirements of law, causing material injury to a petitioner throughout the remainder of the proceedings below and effectively leaving no adequate remedy on appeal.” Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla. 1995). The elements of material injury and remedy can be combined into the concept of “irreparable harm”. See Holmes Reg'l Med. Ctr., Inc. v. Dumigan, 151 So. 3d 1282, 1284 (Fla. 5th DCA 2014). Irreparable harm is jurisdictional and must be considered before this Court turns to the question of whether the challenged order departs from the essential requirements of the law. Id. To find that the “order departs from the essential requirements of law,” this Court must find that “there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. State, 436 So. 2d 93, 96 (Fla. 1983).Irreparable harm may exist here as the lower court’s order potentially requires disclosure of documents that may be privileged or work product. If the privileges exist, the disclosure cannot be undone therefore this question should be addressed prior to the completion of trial. The resolution of this Petition for a Writ of Certiorari hinges on whether the lower court departed from the essential requirements of the law.Here, the trial court conducted an in camera review of the documents in question. The order compelling discovery followed this review. Petitioner has partially contested this order on appeal. To correctly rule on this Petition, this Court must conduct a review of its own. See United States Auto. Ass'n v. Bay Area Inj. Rehab Specialists Holdings, Inc., 311 So. 3d 172, 176 (Fla. 2d DCA 2020). (Holding that a sufficient record is needed to reverse a factual determination of the trial court). In USAA, the Second District Court of Appeal held that it was impossible to grant relief on a petition for certiorari when the lower court record did not contain a copy of the allegedly privileged material reviewed by the trial court. Here, a similar situation has occurred as there is no proof that the allegedly privileged or work product records reviewed in camera by the lower court were filed under seal in the lower court prior to the filing of this petition.Therefore, it is ORDERED AND ADJUDGED that Petitioner is directed, within 15 days of this order, to file under seal any privileged or work product documents that were filed in the lower court under seal prior to the date of filing of this Petition. If no such documents were filed under seal in the lower court prior to the filing of this Petition, then Petitioner shall file a notice advising the court that there are no documents meeting this criteria. To be clear, Petitioner is not to file any documents with this Court that were not already filed under seal in the lower court prior to the filing of this Petition.
|
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019-CA-004489
|
Parties
Name |
D/B/A PEACE RIVER CENTER
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
MICHAEL R. D' LUGO, ESQ.
|
|
Name |
RUTH MERHAR
|
Role |
Respondent
|
Status |
Active
|
Representations |
RYAN W. ROYCE, ESQ., W. JOHN GADD, ESQ., DEAN BURNETTI, ESQ.
|
|
Name |
ROBERT J. MORGENTHAL, M. D.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. JAMES A. YANCEY
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
Docket Date |
2022-12-08
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2022-11-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-11-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT'S RESPONSE TO DEFENDANT PEACE RIVER CENTERS FOR PERSONAL DEVELOPMENT PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-11-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
RUTH MERHAR
|
|
Docket Date |
2022-10-14
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
Docket Date |
2022-10-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-10-13
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
Docket Date |
2022-10-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-10-13
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
PEACE RIVER CENTER FOR PERSONAL DEVELOPMENT, INC.
|
|
|