17 Fla. L. Weekly Supp. 171a
Online Reference: FLWSUPP 1703JEANInsurance — Personal injury protection — Discovery — Medical records of nonparties — Order compelling insurer’s medical expert to produce independent medical examination and peer review reports issued in previous three years and to redact names and provide notice to nonparties whose records will be produced is quashed where order does not making finding of unusual or compelling circumstances as required by rule 1.280(b)(4)(A)(iii) and does not clearly delineate portions of reports that are discoverable
UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. LAUDERDALE ORTHOPAEDIC SURGEONS, a/a/o Ulrick Jeanty, Respondent. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 09-005563 CACE 25. L.T. Case No. 08-05189 COCE 51. January 5, 2010. Counsel: Lara J. Edelstein, Office of the General Counsel, Miami. Cris E. Boyar, Margate.
ORDER ON PETITION FORWRIT OF CERTIORARI
(CAROL-LISA PHILLIPS, J.) THIS CAUSE comes before the court upon Petitioner’s, United Automobile Insurance Company, petition for the issuance of a Writ of Certiorari. The court having considered the Petition, the Response, the Reply to the Response, reviewed the court file, applicable law, and being Otherwise fully advised in the premises, hereby finds and concludes:
Petitioner seeks a Writ of Certiorari to quash an order of the trial court requiring the Petitioner’s medical expert witness to produce copies of all IME and Peer Review reports generated on behalf of the Petitioner limited to a list provided and “redact the names and place those individuals on notice.” This court finds that the order of the trial court has departed from the essential requirements of law by not fully subscribing to the discovery limitations set forth in Florida law, specifically with regards to a finding of a “most unusual or compelling circumstances” compelling production, Florida Rule of Civil Procedure 1.280(b)(4)(A)(iii); Elkins v. Syken, 672 So. 2d. 517 (Fla. 1996); and clearly delineating portions of the reports that are discoverable. See Graham v. Dacheikh, 991 So. 2d 932 (Fla. 2nd DCA 2008).
ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is hereby GRANTED. The order of the trial court is QUASHED.
