Myron By and Through Brock v. Doctors General, Ltd., 90-2670
| Decision Date | 19 December 1990 |
| Docket Number | No. 90-2670,90-2670 |
| Citation | 573 So.2d 34,16 Fla. L. Weekly 2 |
| Parties | 16 Fla. L. Weekly 2 Rayna MYRON, a Minor, By and Through Her Parents and Natural Guardians, Sharon BROCK and Herbert B. Myron, and Sharon Brock and Herbert B. Myron, Individually, Petitioners, v. DOCTORS GENERAL, LTD., etc., et al., Respondents. |
| Court | Florida District Court of Appeals |
Gary M. Cohen of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for petitioners.
Melanie G. May of Bunnell and Woulfe, P.A., Fort Lauderdale, for respondent-Donald Giulianti, M.D.
We have for review by petition for writ of certiorari an order of the trial court directing petitioners to disclose the names and opinions of non-witness, work product experts under penalty of having their pleadings stricken for failure to comply.
One of the defendants in this medical malpractice suit, Dr. Donald Giulianti, propounded "contention interrogatories" to the petitioners on March 27, 1990. Interrogatory No. 2 stated:
[S]eparately and in detail each specific act or omission which you allege constitutes negligence by this defendant, giving for each the date and time of each act or omission and what you contend should or should not have been done according to the standard of care you contend was breached.
Dr. Giulianti also requested that the plaintiffs "state the name and address of 'every person' who has knowledge of the matters contended in your answer to No. 2 above."
On April 26, 1990, petitioners filed objections to the above-described interrogatories. When these objections were overruled and petitioners did not answer interrogatories 2 and 3, respondents filed a motion for sanctions. On July 3, 1990, petitioners filed a certificate of compliance regarding the subject interrogatories. They also filed a response to the interrogatories which indicated that the petitioners did not personally know the names of any of the experts involved.
A hearing was held on the respondents' motion for sanctions on September 25, 1990, which resulted in the order which is the subject of this petition for writ of certiorari. That order granted the motion for sanctions and directed the following:
[P]laintiff shall provide answers as to the date and time of each act or omission which she contends violates the standard of care, after considering all opinions of those who have been consulted in that regard. She shall disclose the names of those with knowledge and shall state with...
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State v. Mark Marks, P.A.
...work product expert are not discoverable absent a showing of exceptional circumstances under rule 1.280(b)(4)(B). Myron v. Doctors Gen., Ltd., 573 So.2d 34 (Fla. 4th DCA 1990). Medical reports based on an examination requested by a party do not need to be delivered absent a request for such......
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State v. Mark Marks, P.A.
...work product expert are not discoverable absent a showing of exceptional circumstances under rule 1.280(b)(4)(B). Myron v. Doctors Gen., Ltd., 573 So.2d 34 (Fla. 4th DCA 1990). Medical reports based on an examination requested by a party do not need to be delivered absent a request for such......
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State v. Marks, No. 4D98-1601
...work product expert are not discoverable absent a showing of exceptional circumstances under rule 1.280(b)(4)(B). Myron v. Doctors Gen., Ltd., 573 So.2d 34 (Fla. 4th DCA 1990). Medical reports based on an examination requested by a party do not need to be delivered absent a request for such......
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Barfuss v. Diversicare Corp. of America, 94-02255
...may be applicable to some of the actions complained of by Barfuss 2, the trial court's order is improper. As in Myron v. Doctors General, Ltd., 573 So.2d 34 (Fla. 4th DCA 1990), the court's action has the effect, at the very least, of requiring Barfuss to divulge the identity of specially r......
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The use of forensic document examiners in Florida will contests.
...Civ. P. 1.280(b)(4)(B). See, e.g., Carrero v. Engle Homes, Inc., 667 So. 2d 1011 (Fla. 4th DCA 1996), and Myron v. Doctors General, Ltd., 573 So. 2d 34, 35 (Fla. 4th DCA 1990). In that rare instance, the court may order limited discovery. There does not appear to be any Florida case, howeve......