terry's takes
Filtered by category: writ of certiorariMarch 11, 2024
1st dca, attorneys fees, discovery, privilege attorney client, writ of certiorariPitts v. Neptune
The First DCA applied Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017), which held that a lawyer’s referral of a client to a treating physician and the financial relationship between a non-party law firm and a plaintiff’s treating physician, is not discoverable. The DCA held that Worley did not bar a trial court from ordering discovery of the total amount of money paid by Plaintiffs attorney to “hybrid treating physician” expert witnesses, treating physicians who planned to testify about medical records of other physicians and who were provided with “litigation binders” to prepare for trial. Essentially, testifying beyond their own treatment of the patient cost them their status as treating physicians and opened the door to financial discovery. Judge Tanenbaum’s concurrence opined that discovery orders based on court rules (such as “overbroadness” objections) rather than constitutional or statutory rights can never qualify for certiorari relief. He opined that the attorney-client and privacy arguments were not proper because the appendix to the cert petition did not show objections or privilege logs asserting those type of objections. He also opined (dissenting from the majority’s provisional grant of fees to Respondents) that trial courts, not appellate courts, are the courts with jurisdiction to award or deny fees from an original writ proceeding, which he does not view as appellate fees.
read moreOctober 23, 2023
1st dca, premises liability, summary judgement standard, transitory foreign substance, vicarious liability, writ of certiorari, writ of quo warranto, wrongful deathGarcia v. Southern Cleaning Service, Inc.
Southern Cleaning contracted with Winn-Dixie Stores, Inc., a grocery store chain, to provide janitorial services. Then, Southern Cleaning subcontracted that work to PAM Cleaning, Inc., an independent contractor.
read moreJune 16, 2023
2nd dca, discovery, privilege attorney client, writ of certiorariPetzold v. Castro
as part of the petzold’s summary judgment motion, they included an email between mr. castro and the petzold’s former attorney (attorney overfield) and then a follow-up between ms. petzold and attorney overfield and the attorney’s conversation with ms. c...
read moreMay 10, 2023
2nd dca, discovery, writ of certiorariMt. Hawley Insurance Company v. Russo
the parties were involved in an insurance coverage dispute in federal court, but no coverage dispute was pending in the trial court. the trial court granted a motion by russo that discovery in state court should proceed. the trial court’s order also com...
read moreFebruary 11, 2023
2nd dca, medical malpractice, motion to dismiss, petition for certiorari, writ of certiorariHalsey v. Hoffman
ms. hoffman sued dr. halsey and two medical businesses for defamation per se, slander per se, and negligent and intentional infliction of emotional distress. hoffman alleged that dr. halsey, an asthma, allergy, and immunology specialist, falsely and mal...
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