FRANTZ v. GOLEBIEWSKI

No. 81-1643.

407 So.2d 283 (1981)

Leonard FRANTZ, D.D.S., Petitioner, v. Carol Jean GOLEBIEWSKI, Respondent.

District Court of Appeal of Florida, Third District.

December 8, 1981.


Attorney(s) appearing for the Case

Carey, Dwyer, Cole, Selwood & Bernard and Michael C. Spring, Miami, for petitioner.

Bartel & Shuford and Mark Kamilar, Miami, for respondent.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.


SCHWARTZ, Judge.

This petition for common law certiorari presents the question of whether discovery of the testimony of a personal injury-plaintiff's treating physician is controlled by Fla. R.Civ.P. 1.280(b)(3), the so-called expert witness-discovery rule. We hold that it is not and therefore quash the orders under review which reflect the trial judge's contrary determination.

The respondent, Carol Golebiewski, was allegedly negligently treated by an orthodontist...

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