Categories: Florida Court Opinions

HEALTHTRUST, INC.-THE HOSP. v. BEHAN, 638 So.2d 635 (Fla.App. 4 Dist. 1994)

HEALTHTRUST, INC.-THE HOSPITAL COMPANY, D/B/A PLANTATION GENERAL HOSPITAL, PETITIONER, v. KATHLEEN BEHAN, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, GERALD BEHAN AND MARY LOU BEHAN, AND GERALD BEHAN AND MARY LOU BEHAN, INDIVIDUALLY, RESPONDENTS.

No. 94-0718.District Court of Appeal of Florida, Fourth District.
July 6, 1994.

Petition for writ of certiorari to the Circuit Court for Broward County; George A. Shahood, Judge.

John W. Mauro of Billing, Cochran, Heath, Lyles Mauro, P.A., Fort Lauderdale, for petitioner.

No appearance for respondents.

PER CURIAM.

We grant the petition for writ of certiorari to quash an order allowing the deposing of an expert witness. We concur with petitioners that their claim of work product privilege has not been overcome by respondent by a showing of compelling necessity for this discovery. See Anchor Nat. Financial Services, Inc. v. Smeltz, 546 So.2d 760 (Fla. 2d DCA 1989); Agri-Business, Inc. v. Bridges, 397 So.2d 394 (Fla. 1st DCA), rev. denied, 407 So.2d 1102 (Fla. 1981). If the witness sought to be deposed on the particular medical issue is listed as an expert for trial on this issue, then he would be subject to deposition pursuant to Florida Rule of Civil Procedure 1.280(b)(4)(A). However, he has not been as yet designated as an expert by the petitioners, and we should not overlook the specific requirements of the rules by anticipating that the expert will be called.

GUNTHER, WARNER and POLEN, JJ., concur.

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