WHEALTON v. MARSHALL

No. 93-2789.

631 So.2d 323 (1994)

Diane WHEALTON, as Personal Representative of the Estate of Michael Whealton, Deceased, Petitioner, v. Martye L. MARSHALL, M.D., Donald B. Hoffman, Jr., M.D., Tummala R. Prasad, M.D., Kevin Traynor, M.D., Lawrence Crouthamel, M.D., Alan Levin, M.D., HCA Health Services of Florida, Inc., d/b/a HCA Medical Center of Port St. Lucie, a foreign corporation, James L. Whittle, M.D., James H. Varnell, M.D., Larry H. Mufson, M.D., Dean D. Mergenthaler, M.D., Andres E. Suarez, M.D., Palm Beach Gardens Community Hospital, Inc., d/b/a AMI Palm Beach Gardens Medical Center, a Florida corporation, Allied Clinical Laboratories, a foreign corporation, Respondents.

District Court of Appeal of Florida, Fourth District.

January 26, 1994.


Attorney(s) appearing for the Case

Philip M. Burlington, Caruso, Burlington, Bohn & Compiani, P.A., and Richard D. Schuler, Schuler, Wilkerson, Halvorson & Williams, P.A., West Palm Beach, for petitioner.

Bonnie Eyler, Santone, Eyler & Lury, P.A., Fort Lauderdale, for respondent Donald B. Hoffman, Jr., M.D.


PER CURIAM.

Petitioner seeks a writ of certiorari to quash an order of the trial court compelling production of two documents. Petitioner argues that the documents are protected from discovery under the presuit investigation statute, section 766.205(4), Florida Statutes, as well as the work product privilege. We grant the petition for writ of certiorari and quash the trial court's order compelling production of the documents...

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