| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA002023
|
Parties
| Name |
Prescott Lester
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Elliot B. Kula, Lauren E. Johnson, Adam T. Rabin, Havan M. Clark, W. Aaron Daniel
|
|
| Name |
CYPRESS BANK & TRUST
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Estate of Howard Lester
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Pamela Lester
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Peter Lester
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Peter Briger
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Norman A. Fleisher, Gregory A. Cross, Colin B. Vandell, Steven A. Lessne, Thomas J. Welling, Jr., Richard D. Shane, Ashley Crispin Ackal, Brian M. O'Connell, Franklin L. Zemel, Marsha G. Madorsky, Jenna G. Rubin, John W. Terwilleger, Ariel R. Deray, Gutman Skrande
|
|
Docket Entries
| Docket Date |
2023-03-30
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that the November 10, 2022 petition for writ of certiorari is granted and the lower court's order is quashed to the extent it requires petitioner to disclose the identity of a non-testifying expert litigation-support consultant. See Carrero v. Engle Homes, Inc., 667 So. 2d 1011, 1012 (Fla. 4th DCA 1996) ("[W]e grant the petition for writ of certiorari and quash the order to the extent it permits disclosure of expert witnesses who will not be called at trial."); Myron By & Through Brock v. Doctors Gen., Ltd., 573 So. 2d 34, 35 (Fla. 4th DCA 1990) ("We grant the writ of certiorari and quash so much of the order under review as requires answers which divulge the identity and/or opinion of any specially retained non-witness, work product experts."). The identity of such an individual is protected by the work-product privilege absent a showing of "exceptional circumstances" under Rule 1.280(b)(5)(B) of the Florida Rules of Civil Procedure. See State v. Mark Marks, P.A., 654 So. 2d 1184, 1187 (Fla. 4th DCA 1995) (noting that "some items do not have to be disclosed to an adversary absent special findings by a trial court," and that "the identities and/or opinions of a non-witness work product expert are not discoverable absent a showing of exceptional circumstances" under Rule 1.280(b)); Lift Sys., Inc. v. Costco Wholesale Corp., 636 So. 2d 569, 569 (Fla. 3d DCA 1994) (noting that Rule 1.280(b) "does not require the disclosure of the names of expert witnesses retained, but not expected to testify at trial, absent a showing of exceptional circumstances"). This order is without prejudice to the lower court's further consideration of whether Respondent has demonstrated exceptional circumstances exist in this matter.DAMOORGIAN, KUNTZ and ARTAU, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-01-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Prescott Lester
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2023-03-30
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2023-02-24
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Prescott Lester
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner’s February 13, 2023 motion for extension of time is granted, and petitioner shall serve the reply by February 27, 2023. In addition, if the reply is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-02-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Prescott Lester
|
|
| Docket Date |
2023-02-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Peter Briger
|
|
| Docket Date |
2023-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Peter Briger
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Peter Briger
|
|
| Docket Date |
2023-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that Colin B. Vandell’s January 30, 2023 verified motion for permission to appear pro hac vice is granted, and Colin B. Vandell, Esquire is permitted to appear in this appeal as counsel for respondents. Colin B. Vandell, Esquire is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Prescott Lester
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s January 6, 2023 motion for extension of time is granted, and the time for filing a response is extended through February 7, 2023.
|
|
| Docket Date |
2022-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-11-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2022-11-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Prescott Lester
|
|
|
