Appellate Team Wins Appeal Preventing Boecher Discovery from Private Investigator

November 8, 2021 by on News

The Appellate Team recently prevailed in appellate proceedings before the Second District Court of Appeal.  The Plaintiff sought Boecher discovery for the private investigator who conducted surveillance.  She sought the discovery directly from the carrier in written discovery and also moved to compel the corporate representative deposition of the defendant.  The trial court denied the discovery and the Plaintiff filed a petition for writ of certiorari.  The Appellate Team argued that the Court should dismiss the petition as the Plaintiff will not suffer irreparable harm as the issue was purely collateral and did not go to the heart of the Plaintiff’s case.  In addition, the private investigator was a fact witness, and therefore, not subject to Boecher discovery.  After briefing, the Second District Court of Appeal agreed and dismissed the petition.

If you have any questions about this case or would like to refer an appellate or trial support matter, please contact our appellate attorneys.

Kansas R. Gooden
Shareholder / Practice Group Leader
Direct: 305.537.1238

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