Narrative Opinion Summary
In this case, petitioners sought certiorari review of a trial court order that partially overruled their objections to discovery requests on the grounds of the work-product doctrine. The dispute involved the production of mall security and police reports related to a negligent security claim, which petitioners argued were prepared in anticipation of litigation. Supporting their claim was an affidavit from the mall manager. The trial court had overruled these objections without an explanation and neglected to perform an in-camera inspection, contrary to established precedent in Snyder v. Value Rent-A-Car. The appellate court found that certiorari review was appropriate due to the claim of privilege and emphasized the necessity for an in-camera inspection of the documents. Upon review, if the documents are identified as work product, the respondent must demonstrate a substantial need for them, as dictated by Florida Rule of Civil Procedure 1.280. The appellate court quashed the trial court's order and remanded the case for compliance with these procedures, with concurrence from Judges Dell, Stone, and Farmer.
Legal Issues Addressed
Burden of Proof for Overcoming Work-Product Protectionsubscribe to see similar legal issues
Application: The respondent must demonstrate a substantial need for the documents and the inability to acquire equivalent materials by other means if the documents are deemed work product after an in-camera review.
Reasoning: If these are deemed work product, the respondent must then prove her necessity for the materials under Florida Rule of Civil Procedure 1.280.
Certiorari Review of Discovery Orderssubscribe to see similar legal issues
Application: The court utilized certiorari review to address the trial court's order compelling the production of potentially privileged documents, emphasizing the need for an appropriate judicial process.
Reasoning: The court reiterated that certiorari is appropriate to review orders compelling the production of documents claimed to be privileged...
Work-Product Doctrine in Discoverysubscribe to see similar legal issues
Application: The court recognized the protection of documents prepared in anticipation of litigation under the work-product doctrine, requiring an in-camera review before such documents can be compelled for production.
Reasoning: The trial court, however, overruled the objections without providing an explanation and without conducting an in-camera inspection of the materials, as mandated by precedent established in Snyder v. Value Rent-A-Car.