LIFT SYSTEMS, INC., PETITIONER,
v.
COSTCO WHOLESALE CORPORATION, RESPONDENT
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PER CURIAM.
In response to the respondent’s motion to compel discovery, the trial court ordered the petitioner to disclose the identity and specialty of all expert witnesses retained by it in this litigation, and to designate which of these experts are expected to testify at trial. We have held that Florida Rule of Civil Procedure 1.280(b)(4)(B) does not require the disclosure of the names of expert witnesses retained, but not expected to testify at trial, absent a showing of exceptional circumstances. Ruiz ex rel. Ruiz v. Brea, 489 So. 2d 1136, 1137-38 (Fla. 3d DCA 1986) (opinion on rehearing); Accord Myron ex rel. Brock v. Doctors Gen., Ltd., 573 So. 2d 34, 35 (Fla. 4th DCA 1990). Accordingly, we quash that portion of the order which purports to require the petitioner to disclose the names of expert witnesses other than those the petitioner intends to call to testify at the time of trial.
Certiorari granted.
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Green v. SUN Harbor Homeowners' Ass'n, Inc., 730 So. 2d 1261 (Fla. 1998)…with sufficient notice that defendant would seek attorney's fees under same provision); see also Vie-A-Mer, Ltd. v. S. Toub & Assocs., 684 So. 2d 216, 217 (Fla. 2d DCA 1996); Res Panel Refrigeration Corp. v. Bill Collins Refrigeration Servs., Inc., 636 So. 2d 569, 570 (Fla. 3d DCA 1994). In addition, Green’s October 31,1994 letter to Sun Harbor mentioning attorney’s fees did not constitute adequate notice because it was not in the record before the trial court at the time Green moved for attorney's fees, cf,…
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Dale R. Landry and wife v. Countrywide Home Loans, Inc., 731 So. 2d 137 (Fla. 1st DCA 1999)…ctive date of the statute. Therefore, the note is subject to the reciprocal provisions of section 57.105(2). See Clearman v. Dalton, 708 So. 2d 824, 325 (Fla. 5th DCA 1998); Res Panel Refrigeration Corp. v. Bill Collins Refrigeration Services, Inc., 636 So. 2d 569, 570 (Fla. 3d DCA 1994). The mortgage note states in pertinent part: In the event of default in the payment of this note, and if the same is collected by an attorney at law, the undersigned hereby agree(s) to pay all costs of collection, including…
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- Rayna Myron v. Doctors Gen., Ltd., 573 So. 2d 34 (Fla. 4th DCA 1990)
- Ruiz v. Cesar Brea, M.D., 489 So. 2d 1136 (Fla. 3d DCA 1986)