KMART CORP. v. SUNDMACHER

No. 3D08-1784.

997 So.2d 1158 (2008)

KMART CORPORATION, Petitioner, v. Clifford SUNDMACHER, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 27, 2009.


Attorney(s) appearing for the Case

Rumberger, Kirk & Caldwell and H. Jacey Kaps; Manu L. Davidson and Joshua D. Lerner, Miami, for petitioner.

Robbins & Reynolds and Robert A. Robbins, Miami, for respondent.

Before RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ROTHENBERG, J.

The defendant below, Kmart Corporation ("Kmart"), seeks a writ of common law certiorari quashing the trial court's order denying its motion to compel the plaintiff to produce photographs depicting the condition of the floor at the time the plaintiff allegedly fell in 1998. We grant the petition and quash the order below.

The plaintiff alleges that he slipped and fell on a slippery floor in Kmart's garden center. During his investigation of the...

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