LAWRENCE C. BISHOP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1989-11-22
No. 89-1099
DOWNEY, ANSTEAD and STONE, JJ., concur.
552 So. 2d 341 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm, but do so without prejudice to the appellant’s right to file an amended motion for post-conviction relief in the trial court within 90 days of this opinion, containing specific statements as to the contents of the Brady material allegedly improperly denied to the appellant. In Bishop v. State, 527 So. 2d 836 (Fla. 4th DCA 1988), we affirmed the denial of a similar motion filed by appellant without prejudice to appellant’s right to file again. Our purpose was to give the appellant an opportunity to specifically allege the contents of the Brady material so that the trial court could evaluate appellant’s claim. Appellant filed the same claim again without detailing the contents of the material allegedly denied him. In the interests of justice, we are allowing the appellant one last chance on this issue.

Accordingly, we affirm without prejudice to appellant filing another motion in the trial court detailing the exculpatory nature and contents of any Brady material allegedly denied him by the state.

DOWNEY, ANSTEAD and STONE, JJ., concur.


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  • Arlene Haywood, M.D. v. Samai, 624 So. 2d 1154 (Fla. 4th DCA 1993)
    …ubstitute the following: We grant the petition for "writ of common law certiorari in this malpractice action because the trial court departed from the essential requirements of law and there is no adequate remedy on appeal. Citing McCann v. Foisy, 552 So. 2d 341 (Fla. 4th DCA 1989), as well as other cases, petitioners argue that the trial court erred in granting plaintiffs’ motion to compel production of the defendant doctor’s appointment book containing nonparty patient names and telephone numbers. Accordi…
  • …v., Inc., 500 So. 2d 533 (Fla.1987), would be involved in the identification of the nonparty patients in Springer as drug addicts or dealers. . Nonparty patients' records are generally not discoverable in medical malpractice cases. McCann v. Foisy, 552 So. 2d 341 (Fla. 4th DCA 1989). . In Stall v. State, 570 So. 2d 257 (Fla.1990), cert. denied, - U.S. -, 111 S.Ct. 2888, 115 L.Ed.2d 1054 (1991), the Supreme Court explained that the right to privacy does not attach unless the individual first has a legitimate…
  • James A. Staman, M.D. v. Lipman, 641 So. 2d 453 (Fla. 1st DCA 1994)
    …r the doctor used a standard of care commensurate with community standards, and the disclosure of the identity of nonparty patients constitutes an invasion of their privacy. See Haywood v. Samai, 624 So. 2d 1154 (Fla. 4th DCA 1993); McCann v. Foisy, 552 So. 2d 341 (Fla. 4th DCA 1989); Argonaut Insurance Co. v. Peralta, 358 So. 2d 232 (Fla. 3d DCA), cert. denied, 364 So. 2d 889 (Fla.1978). Hospital emergency room patient sign-in logs were deemed discoverable in Big Sun Healthcare Systems, Inc. v. Prescott, 58…

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