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December 10, 2012

 

DISCOVERY OF FINANCIAL INFORMATION FROM NON-PARTY PHYSICIAN

 

On October 31, 2012, the 4th DCA consolidated two petitions for writ of certiorari arising out of orders compelling Dr. Heldo Gomez and Dr. Scott Katzman to produce certain discovery in personal injury actions. The 4th DCA remanded the cases to the trial court with directions to reconsider the issues in light of Katzman v. Rediron Fabrication, Inc., 76 So. 3d 1060 (Fla. 4th DCA 2011) and Katzman v. Ranjana Corp., 97 So. 3d 873 (Fla. 4th DCA 2012).

In Rediron, the 4th DCA affirmed the trial court's order permitting limited discovery into Dr. Scott Katzman's performance of percutaneous discectomies and the amounts he had charged in litigation and non-litigation cases. The trial court ordered Dr. Katzman to provide amounts he has collected from health insurance coverage for percutaneous discectomies and to provide the amounts he has collected under letters of protection for similar surgeries. The 4th DCA noted that for one procedure lasting less than 45 minutes, Dr. Katzman had billed more than $45,000. He billed the second plaintiff more than $36,000.

Ranjana also concerned Dr. Katzman and a similar trial court order. The 4th DCA ordered that the trial court consider certain material facts which may or may not require that its prior order be reinstated or reversed.


This summary was prepared by Richard S. Womble of our firm.


Richard S. Womble

Below my signature block you will find both opinions.


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37 Fla. L. Weekly D2541b


Civil procedure -- Torts -- Discovery -- Financial information of non-party witness

DR. HELDO GOMEZ, JR. and LISA O'KEEFE, Petitioners, v. THE TJX COMPANIES, INC., d/b/a TJ MAXX, and TINA TERRELL, Respondents. 4th District. Case Nos. 4D12-734 & 4D12-917. October 31, 2012. Consolidated petitions for writs of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa Phillips, Judge; L.T. Case No. 10-12302 25 CACE. Counsel: Gregory A. Kummerlen of Wiederhold, Moses, Kummerlen & Waronicki, P.A., West Palm Beach, for petitioners. G. William Bissett, Jr., and Angela Flowers of Kubicki Draper, P.A., Miami, for respondent The TJX Companies, Inc.

(Per Curiam.) We consolidate these two petitions for writs of certiorari compelling production of discovery in the personal injury action pending in the circuit court. Our review of the two circuit court orders challenged in the petitions reveals that the circuit court did not have the opportunity to apply Katzman v. Ranjana Corp., 90 So. 3d 873 (Fla. 4th DCA 2012), which limited and discussed the modified opinion in Katzman v. Rediron Fabrication, Inc., 76 So. 3d 1060 (Fla. 4th DCA 2011), review dismissed, 88 So. 3d 149 (Fla. 2012). Our decision in Ranjana issued after the circuit court issued its discovery orders here. Based on both cases, we grant the petitions, quash the orders and direct the circuit court to reconsider the issues in light of the two cases.

Petitions Granted. (Stevenson, Hazouri and Ciklin, JJ., concur.)



37 Fla. L. Weekly D2546a


Civil procedure -- Discovery -- Financial information of non-party witness

SCOTT KATZMAN, M.D. and ADVANCED ORTHOPAEDICS, P.A., Petitioners, v. IRVIN KOERNER and ASHLEY BURKETT, Respondents. 4th District. Case No. 4D11-4201. October 31, 2012. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dwight L. Geiger, Judge; L.T. Case No. 562010CA0003840. Counsel: Kimberly P. Simoes and Mario B. Simoes of The Simoes Law Group, P.A., Deland, for petitioners. Patrick B. Flanagan of Flanagan & Maniotis, P.A., West Palm Beach, for respondent Irvin Koerner.

(Per Curiam.) We grant the non-party deponents' petition for writ of certiorari which seeks to quash an order denying petitioner's motion for protective order and ordering the deponents to produce discovery. When ruling, the trial court did not have the benefit of this court's modified opinions in Katzman v. Rediron Fabrication, Inc., 76 So. 3d 1060 (Fla. 4th DCA 2011), rev. dismissed, 88 So. 3d 149 (Fla. 2012), or Katzman v. Ranjana Corp., 90 So. 3d 873 (Fla. 4th DCA 2012), both of which were issued after the trial court's order on review in this case. Based upon those cases, we grant the writ and quash the order, directing the trial court to reconsider the issues in light of Rediron and Ranjana. (Warner, Damoorgian and Conner, JJ., concur.)


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