Delta Health Grp., Inc. v. Est. of Collins ex rel. Collins, 36 So. 3d 711 (Fla. 1st DCA 2010). · Go Syfert
Delta Health Grp., Inc. v. Est. of Collins ex rel. Collins, 36 So. 3d 711 (Fla. 1st DCA 2010). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Josifov v. Kamal-Hashmat (fladistctapp, 2017-04-05)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Josifov v. Kamal-Hashmat
Fla. Dist. Ct. App. · 2017 · confidence medium
Lucie, LLC v. Fernandes, 132 So.3d 855 (Fla. 4th DCA 2013) (discovery of otherwise-protected client names and contact information is proper where they are witnesses to incident at issue); Delta Health Grp. v. Estate of Collins, 36 So.3d 711, 712 (Fla. 1st DCA 2010) (finding permissible disclosure of contact information and name of single, potential witness; precluding disclosure of other information).
discussed Cited as authority (rule) Sovereign Healthcare of Port St. Lucie, LLC v. Fernandes
Fla. Dist. Ct. App. · 2013 · confidence medium
Under similar circumstances, both this court in Miller v. Savanna Maintenance Ass’n, 979 So.2d 1235, 1237-38 (Fla. 4th DCA 2008), and the first district in Delta Health Group, Inc. v. Estate of Collins, 36 So.3d 711, 712 (Fla. 1st DCA 2010), denied certiorari where those petitioners sought to quash discovery orders requiring disclosure of personal identification information such as names, addresses, and/or telephone numbers of non-party fact witnesses.
Retrieving the full opinion text from the archive…
DELTA HEALTH GROUP, INC., d/b/a Rosewood Manor
v.
The ESTATE OF William G. COLLINS, by and through William T. Collins, Personal Representative
No. 1D09-5263.
District Court of Appeal of Florida, First District.
Apr 9, 2010.
36 So. 3d 711
James B. Morrison, Mancuso & Dias, P.A., Palm Beach Gardens, for Petitioner., Louis K. Rosenbloum, Louis K. Rosenbl-oum, P.A., Pensacola, and Clay Mitchell, Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A., Pensacola, for Respondent.
Benton, Clark, Nortwick.
Cited by 4 opinions  |  Published
CLARK, J.

Delta Health Group, Inc., d/b/a Rosewood Manor, seeks certiorari review of a pre-trial discovery order compelling Delta to provide the plaintiff in the underlying civil action with the name, birth date, social security number, and forwarding address and contact persons, if any, of a former nursing home resident. The plaintiff seeks to locate the individual as a potential material witness to support allegations in the complaint of violations of the decedent’s rights, under chapter 400, Florida Statutes, which resulted in injury and ultimately his death. The individual has been identified by other witnesses as the roommate of the decedent and the person who alerted decedent’s family member of[*712] specific nursing home staff interactions with the decedent.

Delta asserts in its petition that the trial court’s order departs from the essential requirements of section 400.022, Florida Statutes, which provides that nursing home residents’ “personal and medical records” are confidential. § 400.022(l)(m), Fla. Stat. Because the trial court’s order does not violate any law, certiorari is denied.

The order presented for review is narrowly tailored, limiting the disclosure required to a single potential witness, allowing redaction of any medical information about that former nursing home resident, and acknowledging the former resident’s interest in privacy and confidentiality in any medical information. The record reflects that the former resident could possess information directly relevant to the allegations of the complaint. The trial court duly considered the discovery sought, the petitioner’s arguments for withholding the contact information, and the relevance and purpose of the information in the context of the pending lawsuit. The trial court properly balanced the individual former resident’s privacy considerations against the plaintiffs need for the information already possessed by the nursing home.

WRIT OF CERTIORARI DENIED.

BENTON and VAN NORTWICK, JJ., concur.