Narrative Opinion Summary
Elias Kanaan, M.D. petitioned for a writ of certiorari to challenge a circuit court order that required him to produce notes he argues are protected from discovery under section 766.205(4) of the Florida Statutes (2005). The respondent, Jimmy D. Osborne, acknowledged that the notes fall under the exempt category as established in Grimshaw v. Schwegel, 572 So.2d 12 (Fla. 2d DCA 1990). Consequently, the court granted Kanaan's petition, quashed the circuit court's order, and remanded the case for further proceedings in line with this ruling. Section 766.205(4) states that any materials generated exclusively during the presuit investigation process are not discoverable or admissible in civil actions by the opposing party. Judges Northcutt and Silberman concurred with the decision.
Legal Issues Addressed
Certiorari Review for Discovery Orderssubscribe to see similar legal issues
Application: The court exercised its certiorari jurisdiction to review and quash the circuit court's order, demonstrating the use of certiorari as a mechanism to correct erroneous discovery orders.
Reasoning: Elias Kanaan, M.D. petitioned for a writ of certiorari to challenge a circuit court order that required him to produce notes he argues are protected from discovery under section 766.205(4) of the Florida Statutes (2005).
Discovery Protections under Section 766.205(4) of the Florida Statutessubscribe to see similar legal issues
Application: The court applied the statutory protection that exempts certain presuit investigation materials from discovery and use in civil actions, affirming that Dr. Kanaan's notes were protected under this statute.
Reasoning: Section 766.205(4) states that any materials generated exclusively during the presuit investigation process are not discoverable or admissible in civil actions by the opposing party.
Precedential Value of Grimshaw v. Schwegelsubscribe to see similar legal issues
Application: The case reaffirmed the precedent set in Grimshaw v. Schwegel regarding the exemption of specific documents from discovery, guiding the court's decision to grant the petition for certiorari.
Reasoning: The respondent, Jimmy D. Osborne, acknowledged that the notes fall under the exempt category as established in Grimshaw v. Schwegel, 572 So.2d 12 (Fla. 2d DCA 1990).