Volume 17

17 Fla. L. Weekly Supp. 1177a

Online Reference: FLWSUPP 1712JRODInsurance — Personal injury protection — Discovery — Record of expert witness — Error to order insurer’s expert witness to produce redacted lists of HCFAs and evidence of income derived from examinations where record does not establish that ordered lists exist, and trial court did not announce any unusual or compelling circumstances to require expert to compile or produce nonexistent records or to produce financial and business records

17 Fla. L. Weekly Supp. 1085a

Online Reference: FLWSUPP 1711JRODInsurance — Personal injury protection — Discovery — Error to compel insurer’s medical expert to produce “redacted” lists of “all HCFA’s to be produced for 2008” and evidence of income derived from the examinations at issue where record did not establish that the ordered “lists” existed and trial court did not announce any unusual or compelling circumstances requiring production of financial or business records

17 Fla. L. Weekly Supp. 1123c

Online Reference: FLWSUPP 1711HOLNInsurance — Personal injury protection — Discovery — Expert witness — Production of third party vendor’s records of amounts paid by vendor to insurer’s expert for conducting independent medical examinations for insurance companies in general is outside scope of permissible discovery where records will not show extent of financial relationship between expert and individual insurer — Medical records of nonparties — Peer reviews conducted by expert on nonparties may not be disclosed without notice to nonparties — Exception allowing disclosure of medical records for statistical and scientific research is not applicable

17 Fla. L. Weekly Supp. 1127a

Online Reference: FLWSUPP 1711OROZInsurance — Personal injury protection — Discovery — Expert witness — Insurer’s objections to interrogatories regarding ongoing financial relationship with its expert and expert’s retention by insurer and third parties in other litigation are overruled — For interrogatories concerning matters of which insurer claims it has no knowledge, insurer must obtain information from its attorney, agent or employee

17 Fla. L. Weekly Supp. 381a

Online Reference: FLWSUPP 1705REYEInsurance — Personal injury protection — Discovery — Expert witness — Medical provider is not required to show unusual and compelling circumstances to obtain discovery of expert witness’s financial information from nonparty vendor that works as middleman scheduling and paying experts who perform peer reviews and independent medical examinations for insurer

17 Fla. L. Weekly Supp. 476a

Online Reference: FLWSUPP 1706ANGUInsurance — Personal injury protection — Discovery — Interrogatories — Relationship to expert witness — Insurer’s objections to interrogatories requesting information from insurer regarding expert’s experience as expert witness, including percentage of work hours and income received from work as expert, frequency of testimony and extent of expert’s relationship to insurer, are denied

17 Fla. L. Weekly Supp. 340a

Online Reference: FLWSUPP 1705COL2Insurance — Personal injury protection — Discovery — Error to enter ex parte order compelling discovery where motion to compel did not allege complete failure of insurer to respond or object to request for discovery

17 Fla. L. Weekly Supp. 884a

Online Reference: FLWSUPP 1710CARBLandlord-tenant — Eviction — Notice — Defects — Assuming without deciding that three-day notice was defective, this could not form basis for dismissal of eviction action where tenant failed to pay rent into court registry — Failure of tenant to pay rent into registry of court constitutes waiver of tenant’s defenses other than payment — Error to sua sponte dismiss eviction complaint and to deny landlord’s motion for default final judgment

17 Fla. L. Weekly Supp. 830b

Online Reference: FLWSUPP 1709DESRInsurance — Discovery — All objections to discovery except attorney-client privilege and work product privilege are waived by insurer’s failure to timely object — Privilege objections will be waived if insurer fails to provide legally sufficient privilege log

17 Fla. L. Weekly Supp. 31a

Online Reference: FLWSUPP 1701GRA3Insurance — Personal injury protection — Discovery — Depositions — Medical provider’s objections to subpoena duces tecum requiring production at deposition of documents reflecting fee schedule, relationship with billing company, sharing of facilities or equipment, correspondence regarding billing procedures and fees and documents relating to treatment and billing for insured are overruled