HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY v. PATRICK FRASER AND ALICE JACOBS ( 2022 )

Third District Court of Appeal
State of Florida
Opinion filed February 23, 2022.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1682
Lower Tribunal No. 18-8930
________________
Homeowners Choice Property & Casualty Insurance
Company,
Petitioner,
vs.
Patrick Fraser and Alice Jacobs,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Beatrice Butchko, Judge.
Cole Scott & Kissane, P.A., and Scott A. Cole, for petitioner.
Mintz Truppman, P.A., and Timothy H. Crutchfield and Mark J. Mintz,
for respondents.
Before MILLER, LOBREE and BOKOR, JJ.
PER CURIAM.
Petitioner, Homeowners Choice Property & Casualty Insurance
Company, seeks review of a trial court order to the extent that it compels
production of expert reports that were not produced in litigation, which it
maintains are otherwise privileged. We dismiss the petition for failure to
demonstrate irreparable harm to warrant certiorari relief, because the trial
court did not foreclose the ability to assert work product privilege prior to
disclosure of the documents. See Damsky v. Univ. of Miami, 152 So. 3d
789, 792 (Fla. 3d DCA 2014); Poston v. Wiggins, 112 So. 3d 783, 786 (Fla.
1st DCA 2013).
Petition dismissed.
2