Discovery
Posted August 15, 2011
Discovery, Experts—
Katzman MD v. Rediron Fabrication, Inc.,
36 Fla. L. Weekly D1747a (4th DCA August 10, 2011)
Fourth DCA Concludes That Surgeon Who Provided Controversial "Surgery" To Plaintiff Pursuant To A
Letter Of Protection And On Referral From The Lawyer Is A 'Hybrid Witness' Subject To Discovery Regarding
The Financial Benefits He Received From Performing Litigation Related Surgeries
Posted June 17, 2011
Discovery, Insurance—
USAA Casualty Insurance Company v. Callery,
36 FLW D1230a (Fla. 2nd DCA June 10, 2011)
Second District Grants Certiorari And Quashes Order That Compelled Production Of IME
Physician Examination Reports Without Compliance With Statutory Notice Requirements
Posted March 21, 2011
Discovery, Insurance, Depositions—
General Star Indemnity Company v. Atlantic Hospitality of Florida, LLC,
36 Fla. L. Weekly D515a (Fla. 3rd. DCA, March 9, 2011)
Third DCA Declines To Adopt APEX Doctrine But Limits Right To
Depose Apex Officers On Principles Similar To The Doctrine
Posted July 28, 2010
Discovery—
State Farm Fla. Ins. Co. v. Kramer,
35 FLW D1558 (Fla. 4th DCA July 14, 2010)
Fourth DCA Reverses Order Finding That Insurer Waived Attorney Client And Work Product Privileges Attaching To Claims,
Litigation And Underwriting Files When Motion For Protective Order Asserted Only That Plaintiff Was Not ‘Legally Entitled’
To The Documents And Did Not Specifically Assert Those Privileges
Posted July 21, 2010
Discovery—
State Farm Fla. Ins. Co. v Kramer,
35 FLW D1558b (Fla. 4th DCA, July 14, 2010)
Fourth DCA Grants Insurer's Petition For Certiorari Review Of Order Compelling Production Of The
Insurer's Claim And Underwriting File And Documents From The Insurer's Litigation File
Posted May 27, 2010
Discovery—
Holland v. Barfield,
35 FLW D1018 (Fla. 5th DCA May 7, 2010)
Fifth DCA Aligns Itself With Fourth To Grant Certiorari To Protect Individual Defendant From Court Order
Compelling Production Of Cell Phone Sim Cards And Computer Hard Drives In Wrongful Death Action
Posted May 6, 2010
Discovery—
Venezia Lakes Homeowners Association, Inc. v. Precious Homes At Twin Lakes Property Owners Association, Inc.,,
35 Fla. L. Weekly D954b, 2010 WL 1687632 (Fla. 3d DCA 2010)
Third District Court Of Appeals Clarifies Purpose Of A Pure Bill Of Discovery
Posted March 22, 2010
Discovery—
Columbia Hosp. (Palm Beaches) Ltd. Partnership v. Hasson, et. al.,,
- So.3d-, 2010 WL 785950, 35 Fla. L. Weekly D551a (4th DCA March 10, 2010)
Billing Practices Of Non-Party Hospital Are Discoverable Provided Its Trade Secrets Are Kept Confidential
Posted January 19, 2010
Discovery—
Westco, Inc. v. Scott Lewis' Gardening & Trimming, Inc.,
35 FLW D58 (Fla. 4th DCA , Dec. 30, 2009)
Fourth DCA Rules That Non-Party Is Not Obligated To File Privilege Log To Preserve Privileges In Documents Sought By Subpoena
Posted January 4, 2010
Discovery—
Nova Southeastern University, Inc. v. Jacobson,
34 FLW D2396 (Fla. 4th DCA Nov. 18, 2009)
Fourth DCA Reverses Order Refusing To Protect Inadvertently Disclosed Attorney-Client Privileged Material Finding That
Trial Court Improperly Applied Five-Factor Test
Posted December 28, 2009
Discovery—
Paradise Pines Health Care Assoc., LLC v. Bruce, et. al.,
- - So.3d - -, 2009 WL 4912607 (Fla. 1st DCA 2009)
First District Affirms Order Requiring Production Of Materials Protected By Work Product Privilege