Civil Litigation

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Total Irreparable Harm Cases: 4

Kayfetz v. Best Roofing, Inc.

27 Fla. L. Weekly D1792 (Fla. 3rd DCA August 16, 2002)

2002-08-16

IRREPARABLE HARM

The Third District Court of Appeal held that the trial court erred by allowing the Defendant's expert to instruct the jury as to how the rules set out in a building code applied to the facts of the case. The court opined that the testimony of the Defendant's expert led the jury to incorrectly conclude the Plaintiff's responsibilities under the building code excused the Defendant of its responsibilities under tort law.

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Allstate Ins. Co. v. Latimer et al.

27 Fla. L. Weekly D1135 (Fla. 3d DCA May 24, 2002)

2002-05-24

IRREPARABLE HARM

A court may only order parties to an action to produce discovery materials such as claim files and privilege logs.

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Allstate Insurance Company v. Latimer

27 Fla. L. Weekly D1135 (Fla. 3rd DCA, May 24, 2002)

2002-05-24

IRREPARABLE HARM

Respondents filed a personal injury suit against the insured. The insurer, Allstate, provided insurance coverage and defense to the parties allegedly at fault. Respondents then issued a subpoena directly to the insurer seeking extensive discovery including a privilege log. Pursuant to Florida Rule of Civil Procedure 1.280(b)(5), the trial court ordered the insurer to produce the requested discovery. However, on appeal, the Third District Court of Appeal found that Fla. R. Civ. P. 1.280(b)(5) applied only to parties to an action. As the insurer was not a party to the litigation and the rule did not apply to non-parties, the insurer could not be made to produce its claim file or prepare a privilege log.

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