NAN H. MULLINS, D.M.D. v. ALICE TOMPKINS, 34 Fla. L. Wkly D1456a (Fla. 1st DCA July 21, 2009)

In this dental malpractice case, the trial court denied the defendant’s motion for protective order requesting non-disclosure of work-product and attorney-client documents sent to a testifying expert.  The plaintiff claimed that the defendant waived any privilege when his counsel sent the documents to the expert.  The defendant claimed that no waiver occurred because the expert never read the documents and they would not otherwise be used at trial.  The appellate court held that “[e]ven when the expert is to testify, opposing parties may be unable to discover privileged material that is not being offered as evidence.” The appellate court therefore granted the petition for certiorari and quashed the trial court’s order.

NAN H. MULLINS, D.M.D. v. ALICE TOMPKINS, 34 Fla. L. Wkly D1456a (Fla. 1st DCA July 21, 2009)

Florida Rule of Civil Procedure 1.280