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WEST v. BRANHAM

No. 90-3070.

576 So.2d 381 (1991)

Ed WEST and Wmpc, Inc. a Foreign Corporation, Petitioners, v. William P. BRANHAM and Cathline Branham His Wife, Respondents.

District Court of Appeal of Florida, Fourth District.

March 13, 1991.

Attorney(s) appearing for the Case

Edward D. Schuster of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for petitioners.

Philip M. Burlington of Edna L. Caruso, P.A., and Searcy Denney Scarola Barnhardt & Shipley P.A., West Palm Beach, for respondents.

Jack W. Shaw, Jr. of Osborne, McNatt, Cobb, Shaw, O'Hara & Brown, Jacksonville, for amicus curiae Florida Defense Lawyers Ass'n.

STONE, Judge.

The issue on this petition for writ of certiorari is the extent to which section 455.241, Florida Statutes, entitles counsel for plaintiffs to communicate, ex parte, with physicians designated as independent medical examiners (IME) pursuant to rule 1.360, Florida Rules of Civil Procedure, and precludes counsel for the defense from such communications.

The defense counsel, in this personal injury action, sought a protective order upon learning...

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