22 Fla. L. Weekly Supp. 947a
Online Reference: FLWSUPP 2208YGLEInsurance — Discovery — Documents — Work product privilege — Examination under oath
FLORIDA WELLNESS & REHABILITATION CENTER OF LITTLE HAVANA, LLC., A/A/O OSCAR M. YGLESIAS, Plaintiff(s), vs. IMPERIAL FIRE & CASUALTY INSURANCE COMPANY, Defendant(s). County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 12-25255 CC 25 (02). March 6, 2015. Don S. Cohn, Judge. Counsel: Doug Stein, Carlos Jimenez, and Benjamin C. Mordes, Law Offices of Mordes & Jimenez, Miami, for Defendant
.ORDER DENYING PLAINTIFF’S MOTIONTO COMPEL PRODUCTION OF EXAMINATIONUNDER OATH OF OSCAR YGLESIAS
THIS CAUSE came before the Court on March 5, 2015 upon Plaintiff’s Motion to Compel Production of Examination Under Oath of Oscar Yglesias or in the Alternative to conduct an in camera inspection of the examination under oath of Oscar Yglesias. The Court conducted such inspection on March 5, 2015. In Marshall’s of Ma. Inc. vs. Minsal, 932 So.2d 444 (Fla. 3rd DCA, 2006) [31 Fla. L. Weekly D1425a] the Court there as to the work product issue set forth the standard as “whether the document was prepared in response to some event which foreseeably could be made the basis of a claim in the future”.
Therefore the Court finds such examination under oath to be work product and DENIES Plaintiff’s Motion to Compel Production of Examination Under Oath of Oscar Yglesias. See also Fla.R.Civ 1.280. Further Plaintiff has not shown the required need for said examination under oath.
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