JEFFERY A. STERNS AND DAWN M. STERNS
v.
CHARLES SCHWAB BANK, N. A.

Fla. 2d DCA | 2020-09-09
No. 20-0464
Jirotka, J., Villanti, J., Lucas, J., Smith, J.
Florida District Court of Appeal, Second District (2020)

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Holding

A trial court order compelling in camera inspection of documents is premature and not subject to certiorari review where the court has not yet ordered production of those documents to the opposing party.


Headnotes

[1] An order compelling in camera inspection of documents is premature for purposes of certiorari review where the trial court has not yet ordered production of such document…

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Facts & Procedural History

Jeffrey A. Sterns and Dawn M. Sterns sought a writ of certiorari challenging a trial court order by Judge George M. Jirotka in Pinellas County.…

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Opinion of the Court
Smith

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JEFFREY A. STERNS and DAWN M. ) STERNS, ) ) Petitioners, ) ) v. ) Case No. 2D20-464 ) CHARLES SCHWAB BANK, N.A., ) ) Respondent. ) ) Opinion filed September 9, 2020. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; George M. Jirotka, Judge. Alexander R. Allred, Benjamin Hilliard, and Amy Cuykendall Jones of Castle Law Group, P.A., Largo, for Petitioner, Jefferey A. Sterns. Richard S. Lubliner and Nathan Kelvy of Lubliner Law, PLLC, West Palm Beach, for Respondent. No appearance for Petitioner, Dawn M. Sterns.

PER CURIAM.

Dismissed. See Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646, 648-49 (Fla. 2d DCA 1995); Cape Canaveral Hosp., Inc. v. Leal, 917 So. 2d 336, 338 (Fla. 5th DCA 2005) (order compelling hospital to submit documents for an in camera inspection for the purpose of determining privilege was premature where court had not yet ordered hospital to produce such documents to the opposing party). VILLANTI, LUCAS, and SMITH, JJ., Concur.


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