CONSOLIDATED RESOURCES HEALTH CARE FUND LTD v. RUFFINI (2007)

District Court of Appeal of Florida,Fourth District.

CONSOLIDATED RESOURCES HEALTH CARE FUND I, LTD., d/b/a Lakeside Health Center, Petitioner, v. Richard RUFFINI, as Personal Representative of the Estate of Ronald Ruffini, Respondent.

No. 4D06-3967.

Decided: February 07, 2007

Rebecca B. Watford of the Watford Law Firm, Miami, for petitioner. Alan S. Levine of Levine and Associates, Fort Lauderdale, for respondent.

The petitioner seeks certiorari relief to quash an order compelling discovery. We grant the petition and quash the order compelling the discovery which determined the petitioner had waived its privilege objections by failing to timely respond. The lower court should have first made a determination of the breadth of discovery prior to ruling on the waiver issue, as the petitioner had correctly and timely placed overbreadth before the court. See Gosman v. Luzinski, 937 So.2d 293 (Fla. 4th DCA 2006). We remand to the lower court for reconsideration consistent with Gosman.

PER CURIAM.

SHAHOOD, GROSS and TAYLOR, JJ., concur.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law