Florida District Courts of Appeal, 1994

Carriage Homes At Terra Mar Condominium Ass'n v. Kennedy Group, Ltd.

Carriage Homes At Terra Mar Condominium Ass'n v. Kennedy Group, Ltd.
Florida District Courts of Appeal · Decided May 25, 1994 · Glickstein, Polen, Warner
637 So. 2d 331; 1994 Fla. App. LEXIS 4983; 1994 WL 203222 (Southern Reporter, Second Series)

Carriage Homes At Terra Mar Condominium Ass'n v. Kennedy Group, Ltd.

Opinion of the Court

PER CURIAM.

We grant the petition for certiorari and quash the trial court’s orders which are the subject of the petition.

It was and will be incumbent upon the trial court to determine whether the subject engineering report and related items constitute work product; and, if so, whether respondent is nonetheless entitled to discovery of them pursuant to rule 1.280, Florida Rules of Civil Procedure. See Cotton States Mut. Ins. Co. v. Turtle Reef Assoc., Inc., 444 So.2d 595 (Fla. 4th DCA 1984). See also Waste Management, Inc. v. Southern Bell Tel. & Tel. Co., 544 So.2d 1133 (Fla. 4th DCA 1989); Scotchel Enter., Inc. v. Velez, 455 So.2d 1129 (Fla. 4th DCA 1984).

Therefore, we remand for further proceedings consistent with these authorities.

GLICKSTEIN, WARNER and POLEN, JJ., concur.

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