SCOTT KATZMAN, M.D. AND ADVANCED ORTHOPAEDICS, P.A., PETITIONERS,
v.
WINN-DIXIE STORES, INC. AND MICHELE GOULD, RESPONDENTS
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The trial court did not err in requiring production of documents, but must implement protective measures against dissemination.
Petitioners sought a protective order from a subpoena duces tecum without deposition. The trial court denied the motion.…
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Petitioners seek certiorari review of the trial court’s denial of their motion for protective order from a subpoena duces tecum without deposition. We conclude that the trial court did not depart from the essential requirements of law in requiring Petitioners to produce the documents at issue.1 See Katzman v. Rediron Fabrication, Inc., 76 So.3d 1060 (Fla. 4th DCA 2011); Columbia Hosp. (Palm Beaches) Ltd. P’ship v. Hasson, 83 So.3d 148 (Fla. 4th DCA 2010).
However, to the extent the trial court failed to take appropriate measures to protect Petitioners from the dissemination of the documents (and/or confidential information contained therein), Petitioners are entitled to certiorari relief. A protective order or confidentiality agreement should be in place prior to release of the documents. Laser Spine Inst., LLC v. Makanast, 69 So.3d 1045 (Fla. 2d DCA 2011).
PETITION GRANTED, in part; DENIED, in part; and REMANDED.
LAWSON and COHEN, JJ., concur.
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Citator
Authorities Cited
- Scott Katzman, M.D. & Advanced Orthopaedics, P.A. v. Rediron Fabrication, Inc., 76 So. 3d 1060 (Fla. 4th DCA 2011)
- Columbia Hosp. (Palm Beaches) Ltd. P'ship v. Hasson, 33 So. 3d 148 (Fla. 4th DCA 2010)
- Laser Spine Inst., LLC v. Haval M. Makanast, 69 So. 3d 1045 (Fla. 2d DCA 2011)