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Florida Second DCA grants defendant’s certiorari petition, finds that trial court did not provide necessary explanation of its ruling denying asserted discovery privileges

On May 31, 2019, in East Bay NC, LLC, et al v. The Estate of Elizabeth Djadjich, No. 2D18-3604, a nursing home negligence case, the Florida Second DCA granted the defendant nursing home operator’s certiorari petition, which objected to a trial court order requiring the production of documents the defendant claimed were protected from discovery by various state privileges, including the quality assurance and peer review privileges. The Second DCA noted that that the three discovery orders on review contain no findings or specific rulings on any of the objections raised by the defendant.  Quoting from a previous decision in a similar case, the Second DCA stated that an order may depart from the essential requirements of law when it "requires production of documents—without explanation—despite objections that statutory protections apply." Harborside Healthcare, LLC v. Jacobson, 222 So. 3d 612, 616 (Fla. 2d DCA 2017) (citing Bartow HMA, LLC v. Kirkland, 171 So. 3d 783, 785 (Fla. 2d DCA 2015)).

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