In this case, the plaintiffs filed a complaint for a “pure bill of discovery” to obtain information attempting to confirm plaintifffs’ suspicions that a 50% owner of the subject company had misappropriated corporate assets. The trial court dismissed the complaint, and the appellate court affirmed, on the basis that “the bill of discovery was improper because the [plaintiffs]… Read more
In this case, the plaintiff was injured when she fell off of a horse, named “Buster,” who had behaved obstreperously while plaintiff tried to ride him. Defendant claimed that Buster never exhibited any dangerous behavior. The case settled. After the settlement, plaintiff’s counsel received an unmarked advertisement quoting the defendant as saying that she decided… Read more
In this car accident case, the plaintiff sought defendant’s medical records for the past 10 years based on the belief that the defendant’s medical problems caused the car accident. The trial court ordered the defendant to produce the records. The Defendant objected to producing the records on the basis that he had a right of… Read more
Bayview Loan filed a commercial foreclosure action against Almond and later moved for summary judgment. At some point, it is not clear whether it is before or after the MSJ was filed, Almond moved to compel the deposition of Bayview’s corporate representative. It is also unclear whether that motion to compel was ever ruled on.… Read more
Per the Florida Supreme Court’s Order amending the Florida Rules of Civil Procedure to implement service by email, the following rules have been updated: 1.080 Service of Pleadings, Orders, and Documents 1.170 Counterclaims and Crossclaims 1.351 Production of Documents and Things Without Deposition 1.410 Subpoena 1.440 Setting Action for Trial 1.442 Proposals for Settlement 1.510… Read more
The amendment covers seven civil procedure rules: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena). The amendment largely mirrors the Federal Rules, but does not require… Read more
In this slip and fall case before the 4th DCA on a writ of certiorari, the 4th DCA overturned trial courts Order compelling the Plaintiff’s attorney from a previous lawsuit to produce his entire case file for an in camera inspection. The 4th DCA found that, per Rule 1.280(b)(1), Fla. R. Civ. Pro., inspection of… Read more
In this med mal case, the 3d DCA, on certiorari review, found that the record did not justify an expanded discovery search into the financial records of the defendant’s medical expert. At his deposition, the defendant’s expert testified that 50% of his work was for defendants and 50% was for plaintiffs. The expert’s interrogatory answers… Read more
In this dental malpractice case, the trial court denied the defendant’s motion for protective order requesting non-disclosure of work-product and attorney-client documents sent to a testifying expert. The plaintiff claimed that the defendant waived any privilege when his counsel sent the documents to the expert. The defendant claimed that no waiver occurred because the expert never read the… Read more