NORTH BROWARD HOSPITAL DISTRICT, DOING BUSINESS AS IMPERIAL POINT MEDICAL CENTER, PETITIONER,
v.
ANTOINETTE JUDSON, PALM-AIRE COUNTRY CLUB, INC., ET AL., RESPONDENTS
PER CURIAM.
Petitioner/hospital contends that the trial court departed from the essential requirements of the law in requiring it to produce an “incident report.” These reports are specifically dealt with in Section 768.41(4), Florida Statutes (1981). We deny certiorari. Having never been apprised by the hospital that “incident reports” are recognized statutorily as attorney work product, the trial court was deprived of the opportunity to rule on the application of the statute to these reports. Furthermore, because the trial court was not aware that the documents the hospital sought to protect were statutorily designated work product, the issue of undue hardship was never ruled upon.
CERTIORARI DENIED.
LETTS, BERANEK and DELL, JJ., concur.
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Humana OF Fla., Inc. v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1987)…447 So. 2d 282 (Fla. 3d DCA 1983) (order requiring production of hospital incident reports quashed where no showing was made of undue hardship and need for discovery of statutorily designated work product); North Broward Hospital District v. Judson, 439 So. 2d 946 (Fla. 4th DCA 1983) (court must rule on issue of undue hardship before ordering discovery of incident reports statutorily recognized as work product).…
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Dade Cnty. Pub. Health Tr. v. Zaidman, 447 So. 2d 282 (Fla. 3d DCA 1983)…because no showing was made below of the “undue hardship” required by Fla.R.Civ.P. 1.280(b)(2) for the discovery of these materials as statutorily designated work product. Sec. 768.41(4), Fla.Stat. (1981); North Broward Hospital District v. Judson, 439 So. 2d 946 (Fla. 4th DCA 1983); Associated Medical Institution, Inc. v. Trube, 394 So. 2d 563 (Fla. 3d DCA 1981); see, Hartford Accident & Indemnity Co. v. McGann, 402 So. 2d 1361 (Fla. 4th DCA 1981); Dade County Medical Association v. Hlis, 372 So. 2d 117 (Fl…
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S. Broward Hosp. Dist. v. Gaudia, 533 So. 2d 880 (Fla. 4th DCA 1988)…out prejudice to the respondent to seek discovery in accord with the provisions of Florida Rule of Civil Procedure 1.280(b)(2). See Humana of Florida, Inc. v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1987); and North Broward Hospital District v. Judson, 439 So. 2d 946 (Fla. 4th DCA 1983). GLICKSTEIN and STONE, JJ., concur. ANSTEAD, J., dissents with opinion.…
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