Florida COA Holds Miccosukee Counsel Not Entitled to Immunity in Third Party Discovery Dispute

Here is the opinion in Miccosukee Tribe of Indians of Fla. v. Bermudez (Fla. App. 3rd):

Miccosukee v Bermudez COA opinion

An excerpt:

The Miccosukee Tribe of Indians of Florida, a federally recognized Indian Tribe, petitions this Court for certiorari relief from an order denying the Tribe’s Motion for Protective Order and to Quash Subpoena for Deposition issued to Tribal Officer and General Counsel Bernardo Roman III, Esquire. We deny the petition.
The petition in this case emanates from a contentious series of postjudgment proceedings in execution on a $3.177 million dollar judgment rendered on August 5, 2009, against Miccosukee Tribe members, Tammy Gwen Billie and Jimmie Bert, arising out of a tragic automobile accident, which occurred on the Tamiami Trail in western Miami-Dade County ten years earlier. Gloria Liliana Bermudez died in the crash, and her husband, Carlos Bermudez, and their minor
son, Matthew Bermudez, were injured. There have been no fewer than twenty post-judgment motions for sanctions since the judgment was rendered, including criminal contempt, slung by the parties’ counsel against each other under the guise of the parties themselves. The plaintiffs have yet to realize any recovery on the judgment. The Tribal defendants assert penury.

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