ISABEL YAGUE.
v.
VIVIENNE L. VIERA
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A non-party to divorce proceedings is entitled to a protective order against subpoenas seeking production of personal and romantic communications and photographs when the responding party fails to substantively address the protective order motion.
[1] A party's failure to substantively respond to arguments in an appellate response and mere assertion that discovery has been withdrawn, without documentary support, may be…
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Join FLexlaw to unlock all legal intelligenceIsabel Yague, a non-party to divorce proceedings, sought a protective order against subpoenas requiring her to produce all communications of a persona…
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Opinion filed March 17, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D21-533 Lower Tribunal No. 19-9669
________________
Isabel Yague,
Petitioner,
vs.
Vivienne L. Viera,
Respondent.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Christina Marie DiRaimondo, Judge. Fred Viera, for petitioner. Davis Smith & Jean, LLC, and Laura Davis Smith, and Sonja A. Jean, for respondent. Before LOGUE, HENDON, and GORDO, JJ. LOGUE, J. Petitioner filed a petition for certiorari seeking review of the trial court’s order denying her motion for a protective order from subpoenas that required Petitioner, a non-party to the divorce proceedings below, to produce “any and all communications, including but not limited to text messages and/or emails between you and [a party to the divorce proceedings below] of a personal and romantic nature and any and all photographs . . . .” We ordered Respondent to respond. Respondent’s cursory response did not engage any of Petitioner’s substantive arguments; instead, it indicated the document request at issue had been withdrawn, although no copy of a document doing so was provided to this Court. We treat Respondent’s response as a confession of error. Ortiz v. Corr. Med. Servs., 131 So. 3d 798 (Fla. 1st DCA 2013); Springwood Pro, Inc. v. Dep’t of Lab. & Emp. Sec., 650 So. 2d 233, 234 (Fla. 1st DCA 1995). Accordingly, we issue the writ and quash the orders under review to the extent that they require production of such materials. Petition granted; orders quashed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Springwood PRO, Inc. v. Dep't of Labor & Emp. Sec., 650 So. 2d 233 (Fla. 1st DCA 1995)
- Ortiz v. Corr. Med. Servs. & Liberty Mut. Ins. Co., 131 So. 3d 798 (Fla. 1st DCA 2013)