NEW LIFE ACRES, INC., A FLORIDA CORPORATION AND FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, PETITIONERS,
v.
RICHARD WAYNE STRICKLAND AND DEBRA LYNN STRICKLAND, HIS WIFE, RESPONDENTS
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A sworn statement obtained by an insurance carrier from its insured driver during an investigation is work product and privileged from discovery.
The defendant carrier obtained a sworn statement from its insured driver following a collision. The trial court ordered the carrier to produce this st…
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COBB, Judge.
The defendant carrier below, Florida Farm Bureau Casualty Insurance Company, obtained a statement from its insured driver during the course of its investigation of a vehicular collision, which was the basis for a subsequent law suit initiated by the respondents, Richard and Debra Strickland. The trial court, over the defense objection that a copy of such sworn statement of their insured was work product and therefore privileged from discovery, directed that said material be produced by the defense. Such a statement clearly is work product. Vann v. State, 85 So. 2d 133 (Fla.1956); Nationwide Insurance Company v. Monroe, 276 So. 2d 547 (Fla. 2d DCA), cert. denied, 283 So. 2d 366 (Fla.1973).
In their response to this court’s order to show cause, the Stricklands have failed to indicate the applicability of any of the exceptions set forth in Florida Rule of Civil Procedure 1.280(b)(2) to the general rule that the work product of a party is privileged from discovery. See Winn-Dixie Stores, Inc. v. Nakutis, 435 So. 2d 307 (Fla. 5th DCA 1983) and Cavalere v. Graham, 423 So. 2d 428 (Fla. 5th DCA 1982).
The trial court’s order departs from the essential requirements of law. Therefore, the Petition for Writ of Certiorari is granted, and the order compelling discovery is quashed. PETITION GRANTED; ORDER QUASHED.
DAUKSCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fla. Cypress Gardens, Inc. v. Murphy, 471 So. 2d 203 (Fla. 2d DCA 1985)…ilable to the opposition then those communications would certainly be stilted, unrevealing and thus self-defeating in their purpose. 435 So. 2d at 308. Other decisions reaching essentially the same result include New Life Acres, Inc. v. Strickland, 436 So. 2d 391 (Fla. 5th DCA 1983), and Sligar v. Tucker, 267 So. 2d 54 (Fla. 4th DCA), cert. denied, 271 So. 2d 146 (Fla.1972). Without citing Florida law on the point, Turtle Reef relied on two federal court interpretations of the comparable federal discovery r…
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Fed. Express Corp. v. Cantway, 778 So. 2d 1052 (Fla. 4th DCA 2001)…e aforementioned showing. See Seaboard Air Line R. Co. v. Timmons, 61 So. 2d 426, 427-28 (Fla.1952). Internal investigative reports are covered by the rule. See Karch v. MacKay, 453 So. 2d 452 (Fla. 4th DCA 1984); New Life Acres, Inc. v. Strickland, 436 So. 2d 391 (Fla. 5th DCA 1983); Winn-Dixie Stores, Inc. v. Nakutis, 435 So. 2d 307, 308 (Fla. 5th DCA 1983); Fla. Power & Light Co. v. Limeburner, 390 So. 2d 133 (Fla. 4th DCA 1980). Such reports need not be ordered by an attorney in order to be considered wor…
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Waste Mgmt. v. S. Bell Tel. & Tel. Co., 544 So. 2d 1133 (Fla. 4th DCA 1989)…rida Power & Light Co. v. Limeburner, 390 So. 2d 133 (Fla. 4th DCA 1980); Albertsons, Inc. v. Howells, 518 So. 2d 291 (Fla. 2d DCA 1987); Florida Cypress Gardens, Inc. v. Murphy, 471 So. 2d 203 (Fla. 2d DCA 1985); New Life Acres, Inc. v. Strickland, 436 So. 2d 391 (Fla. 5th DCA 1983) with Airocar, Inc. v. Goldman, 474 So. 2d 269 (Fla. 4th DCA 1985); Nationwide Insurance Company, Pinellas County v. Monroe, 276 So. 2d 547 (Fla. 2d DCA), cert. denied, 283 So. 2d 366 (Fla.1973). Here there were no findings by t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Winn-Dixie Stores, Inc. v. Varsenig Nakutis, 435 So. 2d 307 (Fla. 5th DCA 1983)
- Vann v. State, 85 So. 2d 133 (Fla. 1956)
- Nationwide Ins. Co. v. Monroe, 276 So. 2d 547 (Fla. 2d DCA 1973)
- Cavalere v. Graham, 423 So. 2d 428 (Fla. 5th DCA 1982)
- Bruce Terminix Int'l v. Delgado, 283 So. 2d 366 (Fla. 1973)
- Harris v. State, 283 So. 2d 366 (Fla. 1973)