HEALTHTRUST, INC.-THE HOSPITAL COMPANY, D/B/A PLANTATION GENERAL HOSPITAL, PETITIONER,
v.
KATHLEEN BEHAN, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, GERALD BEHAN AND MARY LOU BEHAN, AND GERALD BEHAN AND MARY LOU BEHAN, INDIVIDUALLY, RESPONDENTS
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PER CURIAM.
We grant the petition for writ of certiorari to quash an order allowing the deposing of an expert witness. We concur with petitioners that their claim of work product privilege has not been overcome by respondent by a showing of compelling necessity for this discovery. See Anchor Nat. Financial Services, Inc. v. Smeltz, 546 So. 2d 760 (Fla. 2d DCA 1989); Agri-Business, Inc. v. Bridges, 897 So. 2d 394 (Fla. 1st DCA), rev. denied, 407 So. 2d 1102 (Fla.1981). If the witness sought to be deposed on the particular medical issue is listed as an expert for trial on this issue, then he would be subject to deposition pursuant to Florida Rule of Civil Procedure 1.280(b)(4)(A). However, he has not been as yet designated as an expert by the petitioners, and we should not overlook the specific requirements of the rules by anticipating that the expert will be called.
GUNTHER, WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isaiah Leon Thomas v. State, 191 So. 3d 500 (Fla. 4th DCA 2016)…t constitutes a member of the defense attorney’s “legal staff.” Even so, case law in civil cases supports work product protection of expert witnesses or consultants who will not be testifying at trial. In Healthtrust, Inc.-The Hospital Co. v. Behan, 638 So. 2d 635 (Fla. 4th DCA 1994), for example, this Court quashed a trial court order allowing the deposition of an expert witness who was not designated as an expert witness for trial, ruling that work product protected against deposition of the expert. Id. at…
Authorities Cited
- Anchor Nat'l Fin. Servs., Inc. v. Smeltz, 546 So. 2d 760 (Fla. 2d DCA 1989)