Gaton v. Health Coalition, Inc., 3D00-2052.
| Decision Date | 01 November 2000 |
| Docket Number | No. 3D00-2052.,3D00-2052. |
| Citation | 774 So.2d 59 |
| Parties | Richard J. GATON, Edward Stiefel and Blood Diagnostics, Inc., Petitioners, v. HEALTH COALITION, INC., Walter Shikany, and Terri Shikany, Respondents. |
| Court | Florida District Court of Appeals |
Richman Greer Weil Brumbaugh Mirabito & Christensen, and Gary S. Betensky, Miami, for petitioners.
Zack Kosnitzky, and Lawrence V. Ashe, Miami, for respondents.
Before SCHWARTZ, C.J., and SHEVIN, and RAMIREZ, JJ.
Petitioners have filed this petition for writ of certiorari seeking an order quashing the trial court's orders dated June 29, 2000, and July 12, 2000, overruling Petitioners' exceptions to reports and recommendations of a special master. They have asserted that these orders require production of documents that are protected by the trade secret privilege, section 90.506, Florida Statutes (1999), as the materials constitute customer lists.
As we stated in Rare Coin-It, Inc. v. I.J.E., Inc., 625 So.2d 1277 (Fla. 3d DCA 1993), "[w]hen trade secret privilege is asserted as the basis for resisting production, the trial court must determine whether the requested production constitutes a trade secret; if so, the court must require the party seeking production to show reasonable necessity for the requested materials. .... If production is then ordered, the court must set forth its findings." Id. at 1278-79 (citations omitted). At this point, however, the special master has simply ordered petitioners to produce the documents directly to the special master for an in camera inspection. Because no production has been ordered, this petition is premature and is therefore denied. See Kavanaugh v. Stump, 592 So.2d 1231, 1232 (Fla. 5th DCA 1992)
().
Petition for writ of certiorari is denied.
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...directing the insurer to create a privilege log and provide the documents for in camera inspection, citing to Gaton v. Health Coalition, Inc., 774 So.2d 59 (Fla. 3d DCA 2000).4 Thus, while this court held in Ramirez that the trial court cannot order production of an entire claims file, it d......
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