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WAL-MART STORES, INC. v. BALLASSO

No. 1D00-4023.

789 So.2d 519 (2001)

WAL-MART STORES, INC., Petitioner, v. Annie E. BALLASSO and Carl W. Ballasso, husband and wife, Respondents.

District Court of Appeal of Florida, First District.

July 17, 2001.

Attorney(s) appearing for the Case

Charles V. Peppler, Esquire of Vernis & Bowling of NW Florida, Pensacola, for Petitioner.

Louis K. Rosenbloum of Louis K. Rosenbloum, P.A.; Marcus J. Michles, II of Kerrigan, Estess, Rankin & McLeod, Pensacola, for Respondents.

PER CURIAM.

We grant in part the petition for a writ of certiorari and quash the order regarding production of the investigative files. The investigative files prepared in anticipation of litigation are considered privileged because it was foreseeable that litigation might ensue from the incident. See McRae's, Inc. v. Moreland, 765 So.2d 196, 197 (Fla. 1st DCA 2000); Anchor Nat. Fin. Serv. Inc. v. Smeltz,

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