Heathrow Master Ass'n v. Zulia
2011 Fla. App. LEXIS 91
| Fla. Dist. Ct. App. | 2011Background
- Zulia sustained an abrasion after stepping into an uncovered irrigation pipe on Heathrow property; Heathrow owned the property and Sentry managed irrigation.
- Zulia underwent extensive medical treatment and alleges ongoing bodily pain attributed to reflex sympathetic dystrophy (RSD).
- Heathrow retained Dr. Gabor Racz to review records and testify about the cause of Zulia's symptoms (RSD vs. psychosomatic/hypochondriacal factors).
- Zulia sought discovery about Dr. Racz's recent testimony, specific cases, and payments; Heathrow partially complied and partially objected under Boecher and Elkins.
- Zulia moved to strike Dr. Racz as a witness; the trial court granted the motion to strike; Heathrow sought certiorari review.
- The Florida appellate court held that striking a material expert witness was a departure from the essential requirements of law and quashed the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was striking the expert a departure from essential law? | Zulia: no court order violation; striking was an extreme sanction not warranted. | Heathrow: discovery objections justified; striking needed to remedy conduct. | Yes; the strike was a departure and improper sanction. |
| Is certiorari proper to review the strike of an expert witness? | Zulia: certiorari appropriate due to irreparable impact on trial fairness and lack of adequate post-judgment remedy. | Heathrow: denial of discovery typically reviewable on final judgment, not certiorari. | Certiorari granted and order quashed. |
Key Cases Cited
- Brooks v. Owens, 97 So.2d 693 (Fla.1957) (departure from essential requirements of law in certiorari context)
- Travelers Indem. Co. v. Hill, 388 So.2d 648 (Fla.5th DCA1980) (certiorari thresholds and irreparable harm standard)
- Lifemark Hosp. of Fla., Inc. v. Hernandez, 748 So.2d 378 (Fla.3d DCA2000) (materiality of testimony and remedy considerations for certiorari)
- Cooper v. Lewis, 719 So.2d 944 (Fla.5th DCA1998) (contempt or violation of a court order as prerequisite to striking witness)
- Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla.1999) (discovery objections and scope limitations in Florida procedure)
- Elkins v. Syken, 672 So.2d 517 (Fla.1996) (limits on discovery and related sanctions)