ZABAN v. McCOMBS

No. 90-1445.

568 So.2d 87 (1990)

Erwin ZABAN, Sidney Kirschner, Robert H. Creviston, David Levy, Donald W. Hubble, Henry R. Dressel, Jr., John L. Glendenin, David C. Garrett, Jr., William C. Hatcher, Jesse Hill, Jr., Robert M. Holder, Jr., Gloria Shatto, Milton N. Weinstein, Thomas R. Williams, Carl Smith and Charles Tanner, Petitioners, v. Karen A. McCOMBS, Individually, As Parent and Natural Guardian of Beth Anne McCombs, Trudy Lynne Bohannon and Charlene Helen McCombs, and As Personal Representative of the Estate of Samuel C. McCombs, Jr., Respondents.

District Court of Appeal of Florida, First District.

October 10, 1990.


Attorney(s) appearing for the Case

Daniel C. Shaughnessy, of Coker, Myers, Schickel, Cooper & Sorenson, Jacksonville, for petitioners.

Timothy W. Volpe and Alan D. Henderson, of Smith & Hulsey, Jacksonville, for respondents.


WENTWORTH, Judge.

Petitioners seek review by certiorari of an order granting respondent discovery of investigative materials prepared on behalf of a nonparty. We find the order, to the extent that it permits discovery of these materials for lack of substantial equivalence of available testimony, departs from the essential requirements of law.

Respondent's decedent was killed during employment for National Linen Service, which was not a party to the action...

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