State Farm Mut. Auto. I. v. Risatti

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. BLANCA…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 5, 2004

871 So. 2d 1037 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D04-93.

Opinion filed May 5, 2004.

Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Catherine M. Brunson, Judge, L.T. Case No. CA02-11423 AN.

Caryn L. Bellus and Barbara E. Fox of Kubicki Draper, Miami, for petitioner.

Michael C. Knecht of Michael C. Knecht Assoc., P.A., Palm Beach Gardens, for respondents Blanca Risatti, individually, and as natural mother and legal guardian of Humberto Deigo Pajares, her minor son.

No appearance for respondents Richard Puig and Vivian J. Puig.

PER CURIAM.

We deny the petition for writ of certiorari. This denial is without prejudice for petitioner to raise an attorney-client privilege objection to the disclosure of any document pursuant to Florida Rule of Civil Procedure 1.280(b)(5). The issue was not waived below because the trial court's order contemplated that objections could be made at the deposition of the records custodian.

STEVENSON, GROSS and HAZOURI, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.