Dade County By and Through Board of County Com'rs v. Bosch, 61-348

• Court: Florida District Court of Appeals
• Writing for the Court: Before PEARSON, TILLMAN; BARKDULL
• Citation: Dade County By and Through Board of County Com'rs v. Bosch, 133 So.2d 578 (Fla. App. 1961)
• Decision Date: 19 October 1961
• Docket Number: No. 61-348,61-348
• Parties: DADE COUNTY, a political subdivision of the State of Florida, by and through its BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Antonio M. BOSCH, as administrator of the Estate of Lydia Bosch, Respondent. DADE COUNTY, a political subdivision of the State of Florida, by and through its BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Antonio M. BOSCH, as natural father of Lydia Bosch, a deceased minor. Respondent.

Page 578

133 So.2d 578

DADE COUNTY, a political subdivision of the State of Florida, by and through its BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Antonio M. BOSCH, as administrator of the Estate of Lydia Bosch, Respondent.

DADE COUNTY, a political subdivision of the State of Florida, by and through its BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Antonio M. BOSCH, as natural father of Lydia Bosch, a deceased minor. Respondent.

No. 61-348.

District Court of Appeal of Florida, Third District.

Oct. 19, 1961.

Gotthardt, Christie & Shepard and Kenneth L. Ryskamp, Miami, for petitioner.

Welsh, Cornell, Pyszka & Carlton, Miami, for respondents.

Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.

BARKDULL, Judge.

Petitioner, by writ of certiorari, requests review of an interlocutory order in a common law action which quashed a notice of taking deposition of an expert witness of the respondent. In causes similar to this, this court and others have assumed jurisdiction of such writs; American Ladder & Scaffold Company v. Eadie, Fla.App.1960, 120 So.2d 65; City of Sarasota v. Colbert, Fla.App.1957, 97 So.2d 872.

The trial court granted the motion to quash the deposition of expert witness, Dr. George Schmitt, upon a motion pointing out that the doctor was an expert with whom counsel for the plaintiff-respondent herein had conferred relative to expert opinion surrounding the injury involved in litigation, and that any opinion of the doctor would constitute the work product of the plaintiff. In quashing the notice of taking deposition, the trial court has prevented the petitioner from seeking discovery examination in areas which would not be prohibited by the work...