PROMISE HOSPITAL OF FLORIDA AT THE VILLAGES, INC.
v.
FREDRICK M. PRINGLEY AND ERIKA PRINGLEY
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A hospital may conduct ex parte interviews with its employed physicians who are defendants in a negligence action.
[1] A hospital employer may conduct ex parte interviews with its employed physicians in a negligence action brought against the hospital and the physicians.
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Join FLexlaw to unlock all legal intelligenceRespondents sued Promise Hospital and two of its employed doctors for negligence. The hospital sought permission to conduct voluntary ex parte intervi…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
PROMISE HOSPITAL OF FLORIDA
AT THE VILLAGES, INC.,
Petitioner,
v. Case No. 5D18-2109
FREDRICK M. PRINGLEY AND
ERIKA PRINGLEY,
Respondents.
________________________________/
Opinion filed August 30, 2019
Petition for Certiorari Review of Order from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
Therese A. Savona, of Cole, Scott & Kissane, P.A., Orlando, for Petitioner.
Chad A. Barr, of Law Office of Chad A. Barr, P.A., Altamonte Springs, and Carlos
R. Diez-Arguelles, of Diez-Arguelles &
Tejedor, P.A., Orlando, for Respondents.
HARRIS, J.
Promise Hospital of Florida at the Villages, Inc. (“Petitioner”) petitions for writ of certiorari to quash a lower court order in a lawsuit brought by Frederick M. Pringley and Erika Pringley (“Respondents”). In their underlying complaint, Respondents alleged
2 negligence by two doctors employed by Petitioner. Petitioner moved for an order authorizing ex-parte communication with those doctors, specifically seeking permission to conduct voluntary interviews with its alleged employees. The trial court denied the motion, and this petition followed.
Respondents have conceded the merits of the petition. Specifically, Respondents have “conveyed their agreement to the relief requested . . . .” Based on the concession, and consistent with decisions from our sister courts, see, e.g., Lee Mem’l Health Sys. v. Smith, 40 So. 3d 106, 107–08 (Fla. 2d DCA 2010); Melody v. Dep’t of Health & Rehabilitative Servs., 706 So. 2d 115, 118 (Fla. 4th DCA 1998); Pub. Health Tr. of Dade Cty. v. Franklin, 693 So. 2d 1043, 1046 (Fla. 3d DCA 1997); Alachua Gen. Hosp., Inc. v. Stewart, 649 So. 2d 357, 359 (Fla. 1st DCA 1995), we grant the petition, vacate the trial court’s order denying Petitioner’s motion for exparte communication, and remand this case to the trial court for further proceedings consistent with this opinion.
PETITION GRANTED; ORDER QUASHED.
COHEN and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alachua Gen. Hosp., Inc. v. Stewart, 649 So. 2d 357 (Fla. 1st DCA 1995)
- LEE Mem'l Health Sys. v. Smith, 40 So. 3d 106 (Fla. 2d DCA 2010)