MICHAEL D. KNADLE, PETITIONER,
v.
ROGER B. KENNEDY, SR., RESPONDENT
MICHAEL D. KNADLE, PETITIONER,
ROGER B. KENNEDY, SR., RESPONDENT
876 So. 2d 1281
Florida District Court of Appeal, Fifth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
DENIED.
SHARP, W., and PLEUS, JJ., concur.
GRIFFIN, J., dissents with opinion.
Dissent
GRIFFIN, J.,
dissenting.
In my view, there is more to judicial oversight of discovery than just protecting privileges or trade secrets. Issues of cost, burden, relevance and ulterior motives also require attention, especially when non-parties are involved. To do this accurately usually requires more time than trial judges have to devote to it. This ease appears to me to be an unhappy example.
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Bankers Sec. Ins. Co. v. Helene Symons and Chris Symons, 889 So. 2d 93 (Fla. 5th DCA 2004)…several months beyond the service of the response in serving the privilege log in this case, the privilege log was provided well before the hearing at which the judge found a waiver of the work-product immunity. See Magical Cruise Co. v. Dragovich, 876 So. 2d 1281 (Fla. 5th DCA 2004), (Griffin, J., concurring). Finding an implied waiver of work product was an unduly harsh sanction given the facts of this case and not well supported by federal decisions applying the federal rule counterpart. In contrast to th…
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TDY Indus., Inc. v. Kaiser Aerospace & Elecs., 960 So. 2d 1 (Fla. 3d DCA 2004)…consideration by the trial court of prejudice (if any) suffered by respondents, and thus cannot be considered as a basis for denial of relief here. See Robertson v. State, 829 So. 2d 901, 906-07 (Fla.2002); see also Magical Cruise Co. v. Dragovich, 876 So. 2d 1281 (Fla. 5th DCA 2004). (Griffin, J., concurring specially).…