Opinion
No. 2D07-4158.
March 5, 2008.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James D. Arnold, Judge.
Alexander V. Ray and Timothy C. Conley of Lau, Lane, Pieper, Conley McCreadie, P.A., Tampa, for Petitioner.
Valeria Hendricks of Davis Harmon, P.A., Tampa, for Respondent.
Denied. See Morton Plant Hosp. Ass'n v. Shahbas, 960 So. 2d 820, 826 (Fla. 2d DCA 2007) (holding that because hospital failed to file a privilege log and because trial court ruled that requested documents were discoverable, hospital's claim of work-product privilege had not been properly presented to and considered by trial court and that it was therefore unnecessary for appellate court to decide whether privilege was applicable); Gosman v. Luzinski, 937 So. 2d 293, 296 (Fla. 4th DCA 2006) ("Once [a party's] objection is ruled upon and the court determines what information is `otherwise discoverable,' then the party must file a privilege log reciting which documents are privileged."); Allstate Indem. Co. v. Oser, 893 So. 2d 675, 678 (Fla. 1st DCA 2005) (holding that claim of privilege was not mature until appellant filed privilege log, which occurred after entry of order compelling production).
FULMER, CASANUEVA, and CANADY, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.