WINN-DIXIE STORES, INC., PETITIONER,
v.
PEGGY FREELAND AND TOMMY FREELAND, RESPONDENTS

Fla. 5th DCA | 1999-09-24
No. 99-1502
ANTOON, C.J. and PETERSON, J., concur.
740 So. 2d 1260 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 3 cases
Topics
Anticipation Of Litigation Undue Hardship Work Product Doctrine

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Opinion of the Court
COBB, J.

COBB, J.

In this slip and fall case, Winn-Dixie Stores, Inc. petitions for certiorari review of the lower court’s order granting discovery of Winn-Dixie’s incident report. We grant the petition and hold that the incident report is privileged work product. Winn-Dixie Stores, Inc. v. Nakutis, 435 So. 2d 307 (Fla. 5th DCA 1983), rev. denied, 446 So. 2d 100 (Fla.1984). Production of incident reports prepared in anticipation of litigation can only be compelled after a showing of need and inability to obtain the substantial equivalent without undue hardship.

In the instant case, the lower court entered its order compelling production even before the respondents argued they had a need for the report and that an undue hardship existed. Accordingly, we grant certiorari review and quash the order of the trial court granting discovery of Winn-Dixie’s incident report.

PETITION FOR WRIT OF CERTIO-RARI GRANTED.

ANTOON, C.J. and PETERSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Holley v. State, 859 So. 2d 568 (Fla. 5th DCA 2003)
    …l not be granted when writ, if issued, would prove unavailing). Under similar circumstances, this court has allowed a belated appeal when the trial court has issued an order which is not in compliance with rule 3.850(g). See, e.g., Kelly v. State, 740 So. 2d 1260 (Fla. 5th DCA 1999); Wray v. State, 690 So. 2d 687 (Fla. 5th DCA 1997); Lewis v. State, 678 So. 2d 484 (Fla. 5th DCA 1996). See also Vlacos v. State, 730 So. 2d 864 (Fla. 1st DCA 1999). Accordingly, we elect to treat Holley’s petition for writ of…
  • Muldrow v. State, 787 So. 2d 159 (Fla. 2d DCA 2001)
    …quested privileged information. Because we conclude that the information requested in interrogatory number nine is in fact protected by work product privilege, Muldrow may obtain relief by way of certiorari. See, e.g., Winn-Dixie Stores v. Freeland, 740 So. 2d 1260 (Fla. 5th DCA 1999) (granting a petition for writ of certiorari and quashing the order of the trial court which compelled disclosure of privileged work product documents). Interrogatory number nine, as modified by the circuit court’s written order,…
  • Delroy K. Young v. State, 2 So. 3d 1097 (Fla. 5th DCA 2009)
    …PER CURIAM. We treat Young’s notice of appeal as a petition for belated appeal because the trial court failed to advise Young of the time limit for filing an appeal. Kelly v. State, 740 So. 2d 1260 (Fla. 5th DCA 1999). We grant the petition for belated appeal but find that there is no merit to Young’s substantive arguments. [*1098] Petition for Belated Appeal GRANTED; Order AFFIRMED. PALMER, C.J., EVANDER and COHEN, JJ., concur.…

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