GERARD MAGUIRE AND LESLIE MAGUIRE, HUSBAND AND WIFE, PETITIONERS,
v.
POOL DOCTOR OF THE PALM BEACHES, INC. AND HECTOR JAIME ALVAREZ ARCILA, RESPONDENTS
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Petitioners seek certiorari review of a circuit court order allowing the defense to discover a video and transcript of a compulsory medical examination (“CME”) of petitioner Gerard Maguire. Petitioners objected that the video and transcript they requested of the CME were counsel’s protected work product, citing McGarrah v. Bayfront Medical Center, Inc., 889 So.2d 923 (Fla. 2d DCA 2004). We agree that McGarrah is controlling. Moreover, respondents have indicated that they have no objection to this court granting this petition because the video and transcript will be discoverable if petitioners decide to use this material at trial.
Accordingly, we grant the petition and quash the circuit court order compelling discovery of the video and transcript of petitioner’s CME.
WARNER, FARMER and DAMOORGIAN, JJ., concur.
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Citator
Cited By
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Prince v. Mallari, 36 So. 3d 128 (Fla. 5th DCA 2010)…is a plaintiffs concern, not a defendant’s. The defense loses nothing to which it is otherwise entitled, and if a plaintiff elects to use the video at trial, he loses its work product protection. See Maguire v. Pool Doctor of the Palm Beaches, Inc., 23 So. 3d 865 (Fla. 4th DCA 2009); McGarrah, 889 So. 2d 923. See generally Dodson v. Persell, 390 So. 2d 704 (Fla.1980). Petition GRANTED; order QUASHED. GRIFFIN and COHEN, JJ., concur. SAWAYA, J., concurs in result only. . It is also worth remembering that th…
Authorities Cited
- Trena McGARRAH v. Bayfront Med. Ctr., Inc., 889 So. 2d 923 (Fla. 2d DCA 2004)