June 5, 2003
Leonard Northup v. Herbert W. Acken, M.D., P.A.
Case Number(s):
SC02-2435

Transcript:

Summary:

In the context of a medical malpractice action, Northup sought to obtain through civil discovery all prior deposition testimony of one of his medical experts possessed by Dr. Acken. The trial court ordered Dr. Acken to turn over the documents to Northup. The Second District Court of Appeal reversed, concluding that the selection and gathering of the documents by Dr. Acken's attorneys protected them from pretrial discovery. Northup seeks review based upon conflict between the decision of the Second District and a previous decision of the Fourth District Court of Appeal.