Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Parties in Florida family law cases can subpoena information from third parties who are not part of the case. For example, a party might send a subpoena to a bank to get information about the other party’s finances. Does the party subpoenaing information have to pay the third party for sending the documents? This was an issue in the case Youth and Family Alternatives, Inc. v. D.T., 2D2022-4168 (Fla. 2d DCA May 10, 2024).

A minor child who was the subject of dependency proceedings later requested, through his guardian, his entire case file, including text messages and emails regarding the child’s case. This request was made to the agency which performed the child’s case management and foster care services. The agency complied with the request by providing certain documents at no cost. The agency responded that emails and text messages could be sent at a cost. The minor child’s guardian objected to this, and a petition for writ of mandamus was filed against the agency to compel it to produce the emails and text messages at no cost. The trial court granted the writ, and the agency appealed.

The appellate court first noted “A writ of mandamus may be issued only when the petitioner has a ‘clear legal right’ to the requested relief, the respondent has ‘an indisputable legal duty’ to perform the requested action, and the petitioner has no other adequate remedy. Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000).” The appellate court then went on to explain that the trial court misapplied the law in granting the writ. It held “In sum, no authority imposes on [the agency] a legal duty to furnish to [the minor child] copies of any material without charge unless it is contained in the case record maintained for him pursuant to section 39.00145. The circuit court's directive to furnish additional materials simply because they relate to [the minor child] or his dependency case was error. On remand the court shall enter an order denying [the minor child’s] petition.”

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