Paradise Pines Health Care Associates, LLC v. Bruce

I respectfully dissent. The only question before us is whether the trial judge’s order departed from the essential requirements of law. Under rule 1.280(b)(3), Florida Rules of Civil Procedure, a party may obtain discovery of trial preparation materials “only upon a showing that the party seeking discovery has a need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” (Emphasis supplied.)

The order on appeal stated “[Petitioner] has also failed to demonstrate any undue hardship which it…