The bankruptcy judge in the divorce case of a Florida lawyer who is suing her ex-husband for allegedly defrauding her with an alleged hit-and-run case says she has authorized the filing of a writ of mandamus.
The judge in Broward County Superior Court ruled on Wednesday that Kathleen O’Connor must turn over all of her personal and professional files and pay a $1,000 filing fee.
She filed the writ on behalf of attorney Michael Zander who is the lead plaintiff in the case.
The ruling by Judge Amy Reichert is a setback for Zander, who filed for Chapter 11 bankruptcy protection last year after a divorce.
The divorce court has said O’Neill, 53, was seeking a court order to force her ex to turn over documents, including court filings, to prove her innocence.
Zander’s attorneys said in a court filing that the filings show that he has no legal standing to ask for any of the records.
The documents would help Zander prove his case and prove that his ex has no business being in the first place, the attorneys wrote.
O’Neill’s attorneys say the judge’s order would be unconstitutional.
Zanders lawyers say that the documents they have requested are the documents in Zander’s case.
O”s attorneys also say that if the judge does grant O”s request for documents, it would create a conflict of interest and create a false appearance that O’Connors finances are in jeopardy.
The case has drawn criticism for its lack of transparency.
O`Neill’s ex-boyfriend, David R. Pritchard, is charged with aggravated DUI and felony hit-fraud.
The other person who was killed in the crash is now listed as a witness in the suit.