HOMEOWNERS CHOICE PROPERTY CASUALTY INSURANCE COMPANY v. FRASER (2022)

District Court of Appeal of Florida, Third District.

HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Petitioner, v. Patrick FRASER and Alice Jacobs, Respondents.

No. 3D21-1682

Decided: February 23, 2022

Before MILLER, LOBREE and BOKOR, JJ.

Cole Scott & Kissane, P.A., and Scott A. Cole, Key West, for petitioner. Mintz Truppman, P.A., and Timothy H. Crutchfield, Miami, and Mark J. Mintz, North Miami, for respondents.

Petitioner, Homeowners Choice Property & Casualty Insurance Company, seeks review of a trial court order to the extent that it compels production of expert reports that were not produced in litigation, which it maintains are otherwise privileged. We dismiss the petition for failure to demonstrate irreparable harm to warrant certiorari relief, because the trial court did not foreclose the ability to assert work product privilege prior to disclosure of the documents. See Damsky v. Univ. of Miami, 152 So. 3d 789, 792 (Fla. 3d DCA 2014); Poston v. Wiggins, 112 So. 3d 783, 786 (Fla. 1st DCA 2013).

Petition dismissed.

PER CURIAM.

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