Fishing In A Digital Ocean: 1st DCA Rules Defense May Discover All Data On Decedent's Cellphone

Florida's First District Court of Appeal recently upheld a trial court order allowing Defendants' expert to conduct an inspection of "all data" on a decedent's cellphone, albeit under strict and controlled parameters. See Antico v. Sindt Trucking, Inc., Case No. 1D14-277, 2014 WL 5099433 (Fla. 1st DCA October 13, 2014).¹ The three judge panel recognized the decedent's legitimate privacy concerns, but remarked "privacy rights do not completely foreclose the prospect of discovery of data stored on electronic devices." The decision may signal an opening of the proverbial floodgates into the discovery of electronically stored information, and may assist litigants in uncovering critical and damaging evidence as parties become increasingly reliant on their laptops, tablets, and smartphones.