Rub v. Williams

District Court of Appeal of Florida

Rub v. Williams

611 So. 2d 1328, 1993 Fla. App. LEXIS 464, 1993 WL 5679

CourtDistrict Court of Appeal of Florida

DecidedJanuary 12, 1993

DocketNo. 92-1916

StatusPublished

Cited by2 cases

This text of 611 So. 2d 1328 (Rub v. Williams) 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.

Bluebook

Rub v. Williams, 611 So. 2d 1328, 1993 Fla. App. LEXIS 464, 1993 WL 5679 (Fla. Ct. App. 1993).

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Opinion

PETITION FOR WRIT OF CERTIORARI

PER CURIAM.

The petitioner, Dr. Moisés Rub, seeks review of an order which permitted the discovery and use of an unsworn statement taken during the medical malpractice pre-suit screening process. We find that Dr. Rub’s statement made during the presuit screening process is privileged under section 766.106, Florida Statutes (1991) and rule 1.650, Florida Rules of Civil Procedure. For this reason, the trial court departed from the essential requirements of law when it ruled that the plaintiffs could use the unsworn statement for impeachment. We grant certiorari and quash the trial court’s order permitting the use of this privileged statement.

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PETITION FOR WRIT OF CERTIORARI

PER CURIAM.

The petitioner, Dr. Moisés Rub, seeks review of an order which permitted the discovery and use of an unsworn statement taken during the medical malpractice pre-suit screening process. We find that Dr. Rub’s statement made during the presuit screening process is privileged under section 766.106, Florida Statutes (1991) and rule 1.650, Florida Rules of Civil Procedure. For this reason, the trial court departed from the essential requirements of law when it ruled that the plaintiffs could use the unsworn statement for impeachment. We grant certiorari and quash the trial court’s order permitting the use of this privileged statement.

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Bluebook (online)

611 So. 2d 1328, 1993 Fla. App. LEXIS 464, 1993 WL 5679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rub-v-williams-fladistctapp-1993.

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