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Perry Cohen's father looks into the possibility of a wrongful death suit

Posted at 8:54 PM, Nov 29, 2016
and last updated 2016-11-30 04:37:39-05

Nearly a year and a half after Tequesta teens Austin Stephanos and Perry Cohen were lost at sea, we are learning that Perry’s biological father may be looking into the possibility of a wrongful death suit.

The families originally went to court after Austin's iPhone and boat where found.

RELATED: More Austin and Perry coverage

Perry's mom, Pamela Cohen, wanted the court to take action to secure the phone, hoping it could lead to clues about the boys' disappearance.

However, now everyone is arguing over something else.

“The Cohen side is looking to establish a wrongful death lawsuit in a case that originated as an injunction action,” explained Michael Pike, the attorney representing Austin’s father Blu Stephanos. 

The families were back in court Tuesday.

The four parents are now arguing over what information they should have to provide to Perry Cohen's father, Philip Cohen, who is looking to obtain additional and potentially private information from the other parents including his own ex-wife.

It’s information that, according to his own attorney, could determine whether Philip Cohen looks into filing a wrongful death lawsuit.

“It depends on what that information shows,” said Philip Cohen’s attorney Matt Weissing. “Obviously, we are not interested in filing a frivolous lawsuit. We want to know what the facts are, what the information is and based on the information and the facts that we can receive and we make decisions on his behalf.”

However, the other attorneys objected in court Tuesday, presenting legal arguments on why they think that shouldn’t be allowed within this specific lawsuit.

"They are looking to determine whether or not there is a cause of action for wrongful death and that’s not appropriate in a “pure bill of discovery” under the law.” said Pike.

It might be another two weeks before the judge rules on whether the other parents have to turn over the information Cohen’s attorney’s requested.

Meanwhile, the iPhone is still in Apple’s possession and the families are still looking into third party companies for data retrieval efforts.

The families are also waiting for the report related to the examination of Austin’s recovered boat.