Paul J. Bupivi, as Personal Representative of the Estate Of: George L. Nicolay, Jr. v. Claude G. Pollard and State Farm Mutual Automobile Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 10, 2021
Docket2D20-1122
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
PAUL J. BUPIVI, as personal )
representative of the Estate of George L. )
Nicolay, Jr., deceased, )
)
Petitioner, )
)
v. ) Case No. 2D20-1122
)
CLAUDE G. POLLARD and STATE )
FARM MUTUAL AUTOMOBILE )
INSURANCE COMPANY, )
)
Respondents. )
)
Opinion filed February 10, 2021.
Petition for Writ of Certiorari to the Circuit
Court for Manatee County; Charles Sniffen,
Judge.
Ian E. Waldick of Boyd & Jenerette, P.A.,
Jacksonville; and Kansas R. Gooden of
Boyd & Jenerette, P.A., Miami; (substituted
as counsel of record), for Petitioner.
Alan L. Perez of Mallard Law Firm, P.A.,
Sarasota, for Respondent Claude G. Pollard.
DeeAnn J. McLemore and Charles W. Hall
of Banker Lopez Gassler P.A., St.
Petersburg, for Respondent State Farm
Mutual Automobile Insurance Company.
PER CURIAM.
Denied. See Dodgen v. Grijalva, 281 So. 3d 490, 491-92 (Fla. 4th DCA
2019) (concluding that Worley v. Central Florida Young Men's Christian Ass'n, 228 So.
3d 18 (Fla. 2017), which "held that the financial relationship between a plaintiff's law firm
and treating physicians was not discoverable," did not apply to "discovery sought from
the defense side of a case"), review granted, No. SC19-1118, 2019 WL 4805833 (Fla.
Oct. 1, 2019); Younkin v. Blackwelder, 44 Fla. L. Weekly D549 (Fla. 5th DCA Feb. 22,
2019), review granted, No. SC19-385, 2019 WL 2180625 (Fla. May 21, 2019); see also
Tyrak v. Garcia, 45 Fla. L. Weekly D2247 (Fla. 2d DCA Sept. 30, 2020); Tortorella-
Andrews v. Delvecchio, 45 Fla. L. Weekly D65 (Fla. 2d DCA Jan. 3, 2020).
VILLANTI, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.
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