Adventist Health System/Sunbelt, Inc. v. Lake

District Court of Appeal of Florida

Adventist Health System/Sunbelt, Inc. v. Lake

556 So. 2d 819, 1990 Fla. App. LEXIS 861, 1990 WL 12007

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 1990

DocketNo. 89-1907

StatusPublished

Cited by2 cases

This text of 556 So. 2d 819 (Adventist Health System/Sunbelt, Inc. v. Lake) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adventist Health System/Sunbelt, Inc. v. Lake, 556 So. 2d 819, 1990 Fla. App. LEXIS 861, 1990 WL 12007 (Fla. Ct. App. 1990).

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Opinion

GOSHORN, Judge.

Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital (petitioner) seeks certiorari review of the trial court’s order compelling it to furnish statements taken by it from its nurses after suit was filed. We have jurisdiction. Fla.R.App.P. 9.030(b)(2)(A). Because the trial court departed from the essential requirements of law by compelling the production of the petitioner’s work product, we grant the petition, quash the discovery order and remand for further proceedings.

Petitioner’s work product obtained in preparation for trial is privileged absent a showing that the party seeking discovery “is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Fla.R.Civ.P. 1.280(b)(3). The record shows that the statements sought to be discovered were taken by attorneys for petitioner in April of 1983 and the names of the witnesses disclosed to respondents four months later. Therefore respondents could have obtained the “substantial equivalent” of the statements by also taking depositions of these witnesses. Indeed, they did depose several of the witnesses. The fact that the witnesses’ memories may now be failing due to the long period between the date of the incident and the upcoming retrial fails to provide a sufficient ground to overcome petitioner’s work product privilege.

Petition GRANTED; writ ISSUED; order QUASHED; REMANDED for further proceedings.

COBB and COWART, JJ., concur.

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GOSHORN, Judge.

Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital (petitioner) seeks certiorari review of the trial court’s order compelling it to furnish statements taken by it from its nurses after suit was filed. We have jurisdiction. Fla.R.App.P. 9.030(b)(2)(A). Because the trial court departed from the essential requirements of law by compelling the production of the petitioner’s work product, we grant the petition, quash the discovery order and remand for further proceedings.

Petitioner’s work product obtained in preparation for trial is privileged absent a showing that the party seeking discovery “is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Fla.R.Civ.P. 1.280(b)(3). The record shows that the statements sought to be discovered were taken by attorneys for petitioner in April of 1983 and the names of the witnesses disclosed to respondents four months later. Therefore respondents could have obtained the “substantial equivalent” of the statements by also taking depositions of these witnesses. Indeed, they did depose several of the witnesses. The fact that the witnesses’ memories may now be failing due to the long period between the date of the incident and the upcoming retrial fails to provide a sufficient ground to overcome petitioner’s work product privilege.

Petition GRANTED; writ ISSUED; order QUASHED; REMANDED for further proceedings.

COBB and COWART, JJ., concur.

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556 So. 2d 819, 1990 Fla. App. LEXIS 861, 1990 WL 12007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adventist-health-systemsunbelt-inc-v-lake-fladistctapp-1990.

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