Opinion
Case No. 5D19-3225
06-12-2020
Christopher Jon DUNGAN as Personal Representative for the Estate of Branica Vrabec Dungan, Deceased, Petitioner, v. MEMORIAL HEALTH SYSTEMS, INC. d/b/a Florida Hospital Memorial Medical Center, James M. Welden, III, M.D., Florida Hospital Healthcare Partners, Inc. d/b/a Florida Hospital Healthcare, etc., et al, Respondents.
Nicole M. Ziegler, and Matthew D. Emerson, and Wesley T. Straw, of Emerson Straw, PL, St. Petersburg, for Petitioner. Dinah Stein, and Lindsey A. Hicks, of Hicks, Porter, Ebenfeld & Stein, PA, Miami, and Michael A. Estes, of Estes, Ingram, Foels & Gibbs, PA, Maitland, for Respondents.
Nicole M. Ziegler, and Matthew D. Emerson, and Wesley T. Straw, of Emerson Straw, PL, St. Petersburg, for Petitioner.
Dinah Stein, and Lindsey A. Hicks, of Hicks, Porter, Ebenfeld & Stein, PA, Miami, and Michael A. Estes, of Estes, Ingram, Foels & Gibbs, PA, Maitland, for Respondents.
HARRIS, J.
Christopher Dungan petitions this Court for certiorari review of the lower court's order permitting the defendant in a medical negligence case, Dr. James Weldon, to file an errata sheet to his deposition transcript. Through his errata sheet, Dr. Weldon substantially changed his testimony about material issues involved in the litigation. Because Petitioner failed to establish that the lower court's order caused irreparable harm, we must dismiss the petition. See Dep't of Agric. & Consumer Servs. v. Mahon, 293 So.3d 1091 (Fla. 5th DCA Apr. 9, 2020).
We write specifically to note that, while Dr. Weldon was permitted to make substantive changes to his deposition testimony pursuant to Florida Rule of Civil Procedure 1.310(e), Petitioner is not required to simply accept the amended testimony. Dr. Weldon has put himself in a position where his deposition can be re-opened to allow Petitioner to inquire about the changed testimony. See Feltner v. Internationale Nederlanden Bank, N.V., 622 So. 2d 123, 124 (Fla. 4th DCA 1993). The original and changed answers can also be used to cross-examine and to impeach Dr. Weldon at trial. See Motel 6, Inc. v. Dowling, 595 So. 2d 260, 262 (Fla. 1st DCA 1992). By denying this petition, we are simply concluding that Petitioner has not met the jurisdictional threshold of showing irreparable harm.
PETITION DISMISSED.
ORFINGER and WALLIS, JJ., concur.