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HOLLY v. AULD

Nos. 62785, 62778.

450 So.2d 217 (1984)

Eugene HOLLY, M.D., Petitioner, v. Albert W. AULD, M.D., Respondent. Hubert L. ROSOMOFF, M.D., and Albert Ehlert, M.D., Petitioners, v. Albert W. AULD, M.D., Respondent.

Supreme Court of Florida.

May 3, 1984.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, West Palm Beach, for Eugene Holly, M.D.

Michael B. Davis of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for Hubert L. Rosomoff, M.D.

Kent S. Pratt of Cibula, Gaunt & Pratt, West Palm Beach, for Albert Ehlert, M.D.

Stephen Cahen, Miami, and Edna L. Caruso, West Palm Beach, for respondent.

Emil C. Marquardt, Jr. of McMullen, Everett, Logan, Marquardt & Cline, Clearwater, for Florida Hospital Association and Florida Medical Association, amicus curiae.

Claude H. Tison, Jr. and William B. Taylor, IV of MacFarlane, Ferguson, Allison & Kelly, Tampa, for Florida Dental Association, amicus curiae.

McDONALD, Judge.

These two cases, seeking review of the same district court opinion and now consolidated, have been certified to us by the Fourth District Court of Appeal as involving the following question of great public importance:

Is the discovery privilege set out in section 768.40(4), Florida Statutes, limited to civil actions against providers of health care services based on medical malpractice?

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