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CARRERO v. ENGLE HOMES, INC.

No. 95-2474.

667 So.2d 1011 (1996)

Elizabeth CARRERO and Laniel Carrero, as Co-Personal Representatives of the Estate of Lenise Carrero, deceased, and Estate of Laniel Carrero, deceased, for the use and benefit of the Estate of Lenise Carrero, and Estate of Laniel Carrero, Elizabeth Carrero, and Laniel Carrero, as parents of Lenise Carrero, deceased, and Laniel Carrero, deceased, and Elizabeth Carrero and Laniel Carrero, individually, Petitioners, v. ENGLE HOMES, INC., Sasso Air Conditioning, Inc., The Trane Company, a subsidiary of American Standard, Inc., a foreign corporation and Lisa Westmoreland as Personal Representative of the Estate of Rosemarie Deslauriers, deceased, Respondents.

District Court of Appeal of Florida, Fourth District.

February 14, 1996.

Attorney(s) appearing for the Case

Darryn L. Silverstein of Silverstein, Silverstein & Silverstein, P.A., North Miami, for petitioners.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham, Lane & Ford, P.A., Fort Lauderdale, for Respondent-Engle Homes, Inc.

Donald W. Hafele of Donald W. Hafele, P.A., West Palm Beach, for Respondent-Sasso Air Conditioning, Inc.

Thomas A. Berger of Flanagan & Maniotis, P.A., West Palm Beach, for Respondent-Lisa Westmoreland as Personal Representative of the Estate of Rosemarie Deslauriers, deceased.

PARIENTE, Judge.

The discovery order under review requires petitioners to disclose the identity of all experts without regard to whether or not the experts will be called as witnesses at trial. Florida Rule of Civil Procedure 1.280(b)(4)(B) protects against the disclosure of non-testifying expert witnesses unless the party seeking the discovery demonstrates exceptional circumstances as set forth in the rule. None of the litigants allege exceptional circumstances....

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