NEIGHBORHOOD HEALTH v. MERKLE M.D., P.A.

No. 4D08-3213.

8 So.3d 1180 (2009)

NEIGHBORHOOD HEALTH PARTNERSHIP, INC., Appellant, v. PETER F. MERKLE, M.D., P.A., Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 2009.


Attorney(s) appearing for the Case

Joseph L. Ackerman, Jr., of Buckingham Doolittle & Burroughs, LLP, West Palm Beach, and Scott J. Fisher, Maria J. Minor, and Jenny S. Kim of Neal Gerber & Isenberg, LLP, Chicago, Illinois, for petitioner.

Paul J. Geller, Stuart A. Davidson and Kathleen L. Barber of Coughlin Stoia Geller Rudman & Robbins, LLP, Boca Raton; Eric Lee of Lee & Amtzis, P.L., Boca Raton; Lawrence Kopelman and Douglas Blankman of Kopelman & Blankman, P.A., Fort Lauderdale; and Patrick W. Lawlor of Patrick Lawlor, P.A., Deerfield Beach, for respondent.


FARMER, J.

In this sequel to our decision in Merkle v. Health Options, 940 So.2d 1190 (Fla. 4th DCA 2006), one of the Health Maintenance Organizations (HMO) involved in that as yet unresolved dispute seeks to avoid producing certain documents under the theory they are protected as trial preparation materials. See Fla. R. Civ. P. 1.280(b)(3). The trial judge reviewed the documents in camera and found them unprotected...

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