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AVANTE VILLA AT JACKSONVILLE v. BREIDERT

No. 1D06-4880.

958 So.2d 1031 (2007)

AVANTE VILLA AT JACKSONVILLE BEACH, INC. d/b/a Avante at Jacksonville Beach, Petitioner, v. Candyce BREIDERT, as Personal Representative of the Estate of Darlene E. Payson, Deceased, Respondent.

District Court of Appeal of Florida, First District.

June 5, 2007.

Attorney(s) appearing for the Case

Kari Aasheim of McCumber, Inclan, Daniels, Buntz, Hartig & Puig, P.A., Tampa, for Petitioner.

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

David Paul and Simon Wiseman of Paul & Coppock, P.A., Orlando; and Philip M. Burlington of Burlington & Rockenback, P.A., West Palm Beach, for Respondent.

Lincoln J. Connolly of Rossman, Baumberger, Reboso & Spier, P.A., Miami, for Floridians for Patient Protection, Inc., Amicus Curiae for Respondent.

WOLF, J.

Petitioner, Avante Villa at Jacksonville Beach, Inc. (Avante), a nursing home, filed a petition for writ of certiorari seeking review of an order compelling the discovery of documents petitioner claimed to be privileged, arguing that: (1) documents originating in nursing homes are not discoverable because nursing homes do not fall within the definition of "health care facility" or "health care provider" as contemplated by Amendment 7 to the Florida Constitution...

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