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TANDEM HEALTHCARE, INC. v. BENJAMIN

No. 4D07-949.

969 So.2d 519 (2007)

TANDEM HEALTHCARE, INC., a foreign Corporation d/b/a Tandem Healthcare of West Palm Beach, Inc., a Florida Corporation, Petitioner, v. Jodi BENJAMIN as Personal Representative of the Estate of Marlene Gagnon, Deceased, Respondent.

District Court of Appeal of Florida, Fourth District.

November 21, 2007.

Attorney(s) appearing for the Case

John A. Brekka, Jr., of Quintairos, Prieto, Wood & Boyer, P.A., Fort Lauderdale, for petitioner.

Jane Kreusler-Walsh and Rebecca Mercier Vargas of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Jeffrey M. Fenster and Stacie L. Cohen of Fenster & Faerber, P.A., Plantation, for respondent.

Jonathan S. Grout and Karen L. Goldsmith of Goldsmith, Grout & Lewis, P.A., Winter Park, for Amicus Curiae Florida Health Care Association.

Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for Amicus Curiae Florida Justice Association.

PER CURIAM.

Tandem Healthcare, Inc., a nursing home, seeks certiorari review of an order compelling the production of materials. It is undisputed that the materials would be privileged but for the trial court's conclusion that discovery from nursing homes is included under the terms of Article X, section 25 of the Florida Constitution, (Amendment 7)1. We conclude that Amendment 7 does not cover production of privileged documents from a...

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