2D05-937 / Brandon Regional Hospital v. Murray

State: Florida

Court: Florida Southern District Court

Docket No: 2D05-937

Case Date: 08/17/2005

Plaintiff: 2D05-937 / Brandon Regional Hospital

Defendant: Murray

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BRANDON REGIONAL HOSPITAL,                                                                )
)
Petitioner,                                                                               )
)
v.                                                                                        )   Case No.   2D05-937
)
MARIA MURRAY, DANIEL S. MURRAY,)
WAYNE S. BLOCKER, M.D., WAYNE                                                             )
S. BLOCKER, M.D., P.A., ROBERT E.                                                         )
BRAUNER, M.D., and ROBERT E.                                                              )
BRAUNER, M.D., P.A.,                                                                      )
)
Respondents.                                                                              )
)
________________________________ )
Opinion filed August 17, 2005.
Petition for Writ of Certiorari to the Circuit
Court for Hillsborough County; Perry A.
Little, Judge.
Wm. Jere Tolton, III, Randy J. Ogden,
and J. Russell Smith of Ogden &
Sullivan, P.A., Tampa, for Petitioner.
George A. Vaka of Vaka, Larson &
Johnson, P.L., Tampa, and
Edwin P. Kreiger of Edwin P. Krieger,
P.A., Tampa, for Respondents Maria
Murray and Daniel S. Murray.
No appearance for remaining Respondents.
SILBERMAN, Judge.
Brandon Regional Hospital petitions for certiorari review of an order
denying the Hospital's motion for protective order and allowing Maria and Daniel Murray

to obtain from Dr. Wayne Blocker the Credentials Privilege List that reflects obstetrical
privileges granted to him by the Hospital.   The Hospital argues that the list is privileged
from discovery and use in the underlying litigation pursuant to sections 395.0191(8) and
766.101(5), Florida Statutes (2004).   The list identifies the privileges requested by Dr.
Blocker and those that were granted or denied, and it is signed by Dr. Blocker and
various Hospital officials.   The trial court found that the list is not protected from
disclosure.   We agree and deny the petition on the authority of Bayfront Medical Center,
Inc. v. State Agency for Healthcare Administration, 741 So. 2d 1226 (Fla. 2d DCA
1999).   But see Iglesias v. It's a Living, Inc., 782 So. 2d 963 (Fla. 3d DCA 2001);
Columbia Park Med. Ctr., Inc. v. Gibbs, 728 So. 2d 373 (Fla. 5th DCA 1999); Columbia
Park Med. Ctr., Inc. v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998); Boca Raton Cmty.
Hosp. v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991).
Petition denied.
FULMER, C.J., and SALCINES, J., Concur.
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