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Adjustco, Inc. v. Sibley

District Court of Appeal of Florida, Second District
Dec 30, 1992
611 So. 2d 88 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-04048.

December 30, 1992.

Petition for review from the Circuit Court, Polk County, J. Tim Strickland, J.

W. Marvin Hardy, III of Gurney Handley, P.A., Orlando, for petitioner.

J. Michael McCarthy, Lakeland, for respondent.


The petitioner, Adjustco, Inc., seeks review of an order compelling the disclosure of the company's workers' compensation claim file on the respondent, Billy G. Sibley, and any file materials maintained by Bill Adams, an employee or agent of the petitioner. The petitioner argues that the materials are protected from discovery by the work product privilege. We grant review and quash the order because the petitioner has demonstrated that the order substantially departs from the essential requirements of law and may cause irreparable harm that cannot be remedied by way of appeal. Florida Cypress Gardens, Inc. v. Murphy, 471 So.2d 203 (Fla. 2d DCA 1985).

Prior to ordering the release of work product material, the party seeking production must show that he is "unable without undue hardship to obtain the substantial equivalent of the materials by other means." Fla.R.Civ.P. 1.280(b)(2). The record provided reflects that no such showing was made before the circuit court.

Therefore, the court departed from the essential requirements of law in ordering the production of the materials. The order compelling discovery is quashed and the case remanded for further proceedings. Upon remand, the respondent may attempt to show that it cannot obtain the substantial equivalent of the documents without undue hardship. Fla.R.Civ.P. 1.280(b)(2).

Petition granted.

CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.


Summaries of

Adjustco, Inc. v. Sibley

District Court of Appeal of Florida, Second District
Dec 30, 1992
611 So. 2d 88 (Fla. Dist. Ct. App. 1992)
Case details for

Adjustco, Inc. v. Sibley

Case Details

Full title:ADJUSTCO, INC., PETITIONER, v. BILLY G. SIBLEY, RESPONDENT

Court:District Court of Appeal of Florida, Second District

Date published: Dec 30, 1992

Citations

611 So. 2d 88 (Fla. Dist. Ct. App. 1992)

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