Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital v. Jackman

Summary

The Florida Second District Court of Appeal granted Tampa General Hospital's petition for certiorari and quashed discovery orders compelling production of documents in a medical malpractice action. The court held that the circuit court failed to conduct a hearing, address asserted privileges and statutory protections, or make findings supporting its rulings. The decision did not reach objections based on vagueness, overbreadth, or relevance.

Holdings

1. Certiorari relief was warranted because the circuit court departed from the essential requirements of law by compelling production of potentially privileged or protected documents without a hearing, findings, explanation, or in camera review addressing the asserted privilege claims.
2. The court did not reach the hospital's objections based on vagueness, overbreadth, or relevance because those issues were not appropriate for resolution in the certiorari proceeding.
3. The decision did not establish law of the case regarding the hospital's vagueness, overbreadth, or relevance objections and did not preclude the hospital from raising them or the circuit court from considering them.

Questions Presented

1. Whether certiorari relief was warranted because the circuit court compelled production of potentially privileged or otherwise protected documents without conducting a hearing, making findings, or demonstrating that it considered the hospital's privilege objections.
2. Whether the appellate court should decide the hospital's separate objections based on vagueness, overbreadth, or relevance.
3. Whether declining to reach the vagueness, overbreadth, and relevance objections established law of the case or precluded the hospital from raising those objections in the circuit court.

Disposition

quashed