Bailey v. Hon. Bertram
Annotate this CaseIn 2008, Dr. Daniel Bailey and Katherine Bailey began divorce proceedings. In 2010, two of Daniel’s former patients and their spouses (collectively, the Intervening Parties) filed medical negligence claims against Daniel. The Intervening Parties moved to intervene in the Baileys’ divorce action for the purpose of trying to unseal portions of the divorce record that had previously been sealed. The circuit court granted the motion to intervene and ordered the divorce record unsealed. Daniel filed a petition for a writ of prohibition against the enforcement of the trial court’s order. The court of appeals denied the petition. The Supreme Court affirmed, holding that although intervention was improper, a writ of prohibition was unavailable in this case because Daniel had an adequate remedy by way of appeal.
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