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Florida Third DCA quashes trial court order compelling defendant hotel's third party guest survey service from providing names and contact information of hotel guests

On April 5, 2017, in Josifov v. Kamal-Hashmat, No. 3D16-2571, the Florida Third DCA granted a defendant hotel’s petition for a writ of certiorari in a premises liability case and quashed a trial court order compelling a third-party guest survey service from providing names and contact information of hotel guests. The case involved an accident at the hotel’s pool. The Third DCA ruled that discovery of the guests’ comments on the condition of the pool and its operations was appropriate, as was discovery of the identities of specific guests who stayed at the hotel at the time of the incident. However, the Third DCA concluded that a broader disclosure of the identities and addresses of all of the survey respondents would constitute an invasion of their right of privacy without any showing of necessity that outweighed the countervailing interest in maintaining the privacy of the information.

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