Forman v. Fink ex rel. Fink

Florida District Courts of Appeal
Forman v. Fink ex rel. Fink, 646 So. 2d 236 (1994)
1994 Fla. App. LEXIS 10353; 1994 WL 583944
Baskin, Gersten, Jorgenson

Forman v. Fink ex rel. Fink

Opinion of the Court

PER CURIAM.

In this consolidated ease, petitioner, Lawrence Forman, a certified rehabilitation administrator, seeks review of that portion of *237a trial court order compelling discovery of all medical and legal evaluations petitioner conducted from 1990 through 1993, and evidence of income received on matters in which he was retained by an attorney during those years. We grant the petition and quash this portion of the order on the authority of Syken v. Elkins, 644 So.2d 539 (Fla. 3d DCA 1994) (en banc).

Petitioner, Malka Fink, seeks review of another portion of the order compelling “full and complete discovery from Plaintiffs’ former medical expert Joan Pehta, M.D.,” an expert witness who had been withdrawn by petitioner. Because no exceptional circumstances were shown to compel discovery of an expert not expected to testify at trial, we grant the petition and quash this part of the trial court’s order. See Fla.R.Civ.P. 1.280(b)(4)(B); Lift Systems, Inc. v. Costo Wholesale Corp., 636 So.2d 569 (Fla. 3d DCA 1994); Morgan v. Tracy, 604 So.2d 15 (Fla. 4th DCA 1992); Gilmor Trading Corp. v. Lind Elec., Inc., 555 So.2d 1258 (Fla. 3d DCA 1989); Ruiz ex rel. Ruiz v. Brea, 489 So.2d 1136 (Fla. 3d DCA 1986) (opinion on rehearing).

Petitions for writ of certiorari granted; order quashed in part.

Reference

Full Case Name
Lawrence FORMAN v. Malka FINK, a minor, by and through her parents and natural guardians, Daniel Fink and Monique Fink, Daniel Fink and Monique Fink, individually, University of Miami, Inc., North Shore Medical Center, Stuart Gross, Anthony Lai, Thomas A. Quetel, Dina Chung and Dina Chung, M.D., P.A., Respondents Malka FINK, a minor, by and through her parents and natural guardians, Daniel Fink and Monique Fink, and Daniel Fink and Monique Fink, individually v. UNIVERSITY OF MIAMI, INC. d/b/a University of Miami Hospital & Clinics a/k/a National Children's Cardiac Hospital, North Shore Medical Center, Anthony Lai, M.D., Thomas A. Quetel, M.D., Dina Chung, M.D., and Dina R. Chung, M.D., P.A.
Cited By
3 cases
Status
Published