FLORIDA POWER CORPORATION, PETITIONER,
v.
EDWARD DUNN AND NORMA DUNN, HIS WIFE, RESPONDENTS
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The court held that the trial court erred in denying discovery of accident scene photographs, as the petitioner met the burden to show exceptional circumstances for their production.
Florida Power Corporation sought discovery of sealed photographs from an accident scene. The trial court denied the motion, finding the photos protect…
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KELLY, Judge.
Florida Power Corporation petitions this court for a writ of certiorari to quash the trial court’s order denying its motion to compel discovery. We deny the petition to the extent that Florida Power seeks the discovery of all sealed photographs and grant the petition to the extent that it seeks discovery of the seventeen accident scene photographs taken on October 14, 2000, which are under seal.
We agree that the trial court failed to observe the essential requirements of law by finding that the photos Florida Power sought to discover were protected work product and that no exception applied to require their discovery. Although we agree that the photographs are work product, we hold that Florida Power is entitled to production of the photographs of the scene as it existed at the time of the accident because it has met the burden in Florida Rule of Civil Procedure 1.280(b)(3) to show that due to exceptional circumstances it is unable to obtain the substantial equivalent of the materials by other means. See Wackenhut Corp. v. Crant-Heisz Enters., Inc., 451 So. 2d 900 (Fla. 2d DCA1984).
Accordingly, the order under review is quashed to the extent that it denies discovery of the seventeen accident scene photographs taken on October 14, 2000. The petition for certiorari is otherwise denied.
CASANUEVA and DAVIS, JJ., Concur.
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Avatar Prop. & Cas. Ins. Co. v. Mitchell, 314 So. 3d 640 (Fla. 3d DCA 2021)…. Here, Mitchell retained a loss consultant and lodged a claim. The adjuster was tasked with investigating whether the claim was subject to coverage. Consequently, the materials challenged constitute work-product. See Fla. Power Corp. v. Dunn, 850 So. 2d 655, 656 (Fla. 2d DCA 2003) (noting photographs taken at accident scene were work-product); State Farm Fire & Cas. Co. v. Valido, 662 So. 2d 1012, 1013 (Fla. 3d DCA 1995) (finding surveillance photographs “were protected by the work product privilege…
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Kmart Corp. v. Sundmacher, 997 So. 2d 1158 (Fla. 3d DCA 2008)…peal rule, certiorari is appropriate where the harm caused is irreparable. Criswell v. Best W. Int’l, Inc., 636 So. 2d 562 (Fla. 3d DCA 1994); Carroll Contracting, Inc. v. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988). In Florida Power Corp. v. Dunn, 850 So. 2d 655 (Fla. 2d DCA 2003), Florida Power sought discovery of photographs taken at the scene of an accident. When its motion was denied by the trial court, Florida Power filed a petition for writ of certiorari with the district court. Although the district…
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Paradise Pines Health Care Assocs., LLC. v. Bruce, 27 So. 3d 83 (Fla. 1st DCA 2009)…rmine that respondent, as the party seeking production, met its burden under the second prong of Florida Rule of Civil Procedure 1.280(b)(3), that being inability to obtain equivalent information without undue hardship. See Fla. Power Corp. v. Dunn, 850 So. 2d 655 (Fla. 2d DCA 2003). The trial court here applied the appropriate test and properly ordered production of the items in question. * The record reflects that Judge Mitchell presided at the motion hearing, whereas Judge Car-ithers signed the order…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Wackenhut Corp. v. Crant-Heisz Enters., Inc., 451 So. 2d 900 (Fla. 2d DCA 1984)