State ex rel. Cullen v. Honorable Kevin Harrell

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The Supreme Court quashed the preliminary writ issued in this original proceeding in prohibition brought by Husband seeking to prohibit the circuit court from enforcing its order compelling him to turn over all correspondence pertaining to his military retirement benefits and to sign an authorization releasing his military records related to reservist points he earned during his marriage to Wife, holding that Husband failed to establish that the circuit court exceeded its authority when it sustained Wife’s motion to compel.Specifically, the Court held (1) the circuit court’s order did not modify or otherwise grant Wife any relief from the division of property in the parties’ dissolution judgment, and therefore, the circuit court’s order was not governed by the one-year time limitation in Rule 74.06(c) and was not barred under the doctrines of collateral estoppel or res judicata; and (2) the circuit court’s order did not violate Husband’s due process rights or privacy rights under the Health Insurance Portability and Accountability Act. View "State ex rel. Cullen v. Honorable Kevin Harrell" on Justia Law