Legal Question in Constitutional Law in Florida

subpoenas

My neighbor in an HOA is filing a lawsuit on several grounds. I am non-party concerning hurricane claims; specifically payouts from the HOA's carrier and repairs done by the HOA in a condo buiding. I have had documents subpoenaed and was later called for a deposition. I was fully compliant with both. This same attorney later requested a release of info from my personal property insurance companies; personal belonging within the unit vs. repairs covered by the HOA.

I of course declined; my personal property claims are personal information that I just don't pass around. Especially for fear that his client may use it for less than noble purposes in the future; he can simply deny knowledge of it. I have no further documentation in my posession;

however I will likely be subpoenaed for it.

His clients are very angry people with deep pockets and he is with a prominent firm. His client was speaking out loud during the deposition in objection to my ability to receive and/or view the transcript.

I am concerned with my legal well-being. At what time does this attorney's behavior become out of line ie harrassment and what can I do to ensure that my constitutional rights are not being violated?


Asked on 4/20/08, 9:22 pm

2 Answers from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: subpoenas

This has nothing to do with your constitutional rights. If the attorney properly subpoenas the subject records, then they must be produced unless they are not in existence. Constitutional rights are things like the right to free speech, the right to bear arms, the right to worship as you choose, etc. An aggressive attorney make be annoying, but he/she is not infringing upon your constitutional rights based upon what you are telling me. My advice is hire an attorney of your own to defend against these discovery requests on legal ground such as being overburdensome and harassing. He/she can also file a Motion for Protective Order if warranted.

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Answered on 4/20/08, 11:49 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: subpoenas

There is not bright-line test. It sounds like you need an attorney for any deposition to protect your interests. Please feel free to call my office if you would like to discuss further.

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Answered on 4/21/08, 8:29 am


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