Esman v. Board of Regents of State of Fla.
| Decision Date | 05 January 1983 |
| Docket Number | No. AM-340,AM-340 |
| Citation | 425 So.2d 156 |
| Court | Florida District Court of Appeals |
| Parties | Melvin ESMAN, as Personal Representative of the Estate of Leslie Ann Esman, deceased, Petitioner, v. BOARD OF REGENTS OF the STATE OF FLORIDA, d/b/a Shands Teaching Hospital & Clinics and J. Hillis Miller Health Center, and Pat Smith, Respondents. |
Patrick H. Perry, Avera & Stripling, Gainesville, for petitioner.
Lauchlin T. Waldoch, Dell, Graham, Willcox, Barber, Henderson, Monaco & Cates, Gainesville, for respondents.
The plaintiff in this wrongful death action seeks review, by certiorari, of the trial court's order denying the plaintiff's discovery request. The trial court refused discovery on the grounds that the material sought 1 was protected by the work product privilege, and further, that the material did not constitute "public records" within the contemplation of Chapter 119, Florida Statutes (1981), "Public Records Law." We issued a show cause order.
Upon further consideration of the petition, the response, and petitioner's reply, we conclude that the trial court's interlocutory ruling denying discovery does not furnish the occasion for this court's intervention through the use of the extraordinary writ. The rule is well-established, as stated in West Volusia Hospital Authority v. Williams, 308 So.2d 634 (Fla. 1st DCA 1975), that interlocutory orders rendered in connection with discovery proceedings may be reviewed by common law certiorari when it is demonstrated that the order complained of was rendered by the court in excess of its jurisdiction, or that the order does not conform to the essential requirements of the law and may cause material injury through subsequent proceedings for which the remedy by appeal will be inadequate. Id. at 636. The denial of discovery in the present case does not meet this test. See, United States Fidelity & Guaranty Company v. Graham, 404 So.2d 863 (Fla. 4th DCA 1981). But, Cf., Travelers Indemnity Co. v. Hill, 388 So.2d 648 (Fla. 5th DCA 1980). 2
Upon jurisdictional grounds, the petition for common law certiorari is hereby denied.
1 Plaintiffs sought production of a tape recorded conversation held the day after the surgical procedure which purportedly lead to the patient's death, consisting of conversations between the individual defendant, the anesthesiologist, other medical personnel, and an agent of the respondents' insurer. In support of their work product defense, the insurer's agent testified...
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Certiorari Review of Orders Denying Discovery in Civil Cases.
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