MORGAN G. SALBER
v.
DIANA MARIE FRYE
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A trial court does not depart from the essential requirements of law by ordering discovery of financial arrangements between an attorney, insurance company, and retained expert witnesses.
[1] Discovery of financial arrangements between a party's attorney, insurance company, and retained expert witnesses is permissible to enable opposing counsel to impeach expe…
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Join FLexlaw to unlock all legal intelligence“to assist counsel in impeaching examining physicians and other experts by demonstrating that the expert has economic ties to the insurance company or defense law firm”
The court cited this language from Vazquez v. Martinez to justify the permissibility of discovering financial arrangements between experts and interested parties.
Petitioner Salber sought to quash a discovery order compelling him to provide documents concerning financial arrangements between his attorney, insura…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MORGAN G. SALBER,
Petitioner,
v. Case No. 5D18-2917
DIANA MARIE FRYE,
Respondent.
________________________________/
Opinion filed May 10, 2019
Petition for Certiorari Review of Order from the Circuit Court for Lake County, Heidi Davis, Judge.
C. David Durkee and Dale T. Gobel, of
Gobel Flakes, LLC, Orlando, for Petitioner.
Jeffrey M. Byrd, of Jeffrey M. Byrd, P.A., Orlando, for Respondent.
PER CURIAM.
In this certiorari proceeding, Petitioner, Morgan G. Salber, asks this Court to quash the trial court's discovery order compelling him to provide documents concerning the financial arrangements between his attorney, his insurance company, and his retained expert witness. Because there has been no departure from the essential requirements of law, we deny Petitioner's request.
PRECLUDE A DEFENSE LAW FIRM OR INSURANCE
COMPANY THAT IS NOT A PARTY TO THE LITIGATION
FROM
HAVING
TO
DISCLOSE
ITS
FINANCIAL
RELATIONSHIP WITH EXPERTS THAT IT RETAINS OR
COMPENSATES
FOR
PURPOSES
OF
LITIGATION
INCLUDING THOSE THAT PERFORM COMPREHENSIVE
MEDICAL EXAMINATIONS UNDER FLORIDA RULE OF
CIVIL PROCEDURE 1.360.
PETITION FOR WRIT OF CERTIORARI DENIED; QUESTION CERTIFIED.
ORFINGER, GROSSHANS and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Angeles-Delgado v. Benitez, 44 Fla. L. Weekly D785 (Fla. 3d DCA 2019)
-
Villalobos v. Mariangeles Martinez (Fla. 3d DCA 2019)
Authorities Cited
- Vazquez v. Milady Martinez, 175 So. 3d 372 (Fla. 5th DCA 2015)
- Annemarie Tortorella-Andrews v. Delvecchio (Fla. 2d DCA 2020)