CARRIAGE HOMES AT TERRA MAR CONDOMINIUM ASSOCIATION, INC., PETITIONER,
v.
THE KENNEDY GROUP, LTD., A FLORIDA LIMITED PARTNERSHIP BY AND THROUGH KENNEDY BUILDERS CORP., GENERAL PARTNER, RESPONDENT
PER CURIAM.
We grant the petition for certiorari and quash the trial court’s orders which are the subject of the petition.
It was and will be incumbent upon the trial court to determine whether the subject engineering report and related items constitute work product; and, if so, whether respondent is nonetheless entitled to discovery of them pursuant to rule 1.280, Florida Rules of Civil Procedure. See Cotton States Mut. Ins. Co. v. Turtle Reef Assoc., Inc., 444 So. 2d 595 (Fla. 4th DCA 1984). See also Waste Management, Inc. v. Southern Bell Tel. & Tel. Co., 544 So. 2d 1133 (Fla. 4th DCA 1989); Scotchel Enter., Inc. v. Velez, 455 So. 2d 1129 (Fla. 4th DCA 1984).
Therefore, we remand for further proceedings consistent with these authorities.
GLICKSTEIN, WARNER and POLEN, JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cotton States Mut. Ins. Co. v. Turtle Reef Assocs., Inc., 444 So. 2d 595 (Fla. 4th DCA 1984)
- Waste Mgmt. v. S. Bell Tel. & Tel. Co., 544 So. 2d 1133 (Fla. 4th DCA 1989)
- Scotchel Enters., Inc. v. Velez, 455 So. 2d 1129 (Fla. 4th DCA 1984)