O’Brien v. O’Brien » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

O’Brien v. O’Brien

O’Brien v. O’Brien

Case Date: 02/11/2005
Citation: O'Brien v. O'Brien, 899 So. 2d 1133 (Fla. 5th DCA 2005)
Court Type: District Court of Appeal
Court: Fla. 5th DCA
Judge: Judge: Thomas D. Sawaya

A wife installed spyware on her husband’s computer and monitored his activities and communications with another woman. Upon finding out, the husband filed for a temporary and permanent injunction against using the information obtained from the spyware, and the court granted the injunctions. The wife appealed.


The Court held that the trial court did not abuse its discretion in denying the usage of the communications obtained from the spyware program. The communications between the husband and another woman were obtained illegally and it was therefore within the power of the court to deny admission of the evidence.

Relevant Documents:


E-Discovery Issues: Admissibility
E-discovery Tags: Possession or Control, Preservation and Collection, Privacy
E-discovery subjects: Computer, Email, Hard drive, Internet usage, Screenshot, Spyware

Published: January 17th, 2018

Category: Uncategorized

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