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solely as the result of its duty to furnish a defense for Dr. Sullivan
under the policy of inedical malpractice insurance issued by it to Dr.
Sullivan. Aithough it could be argued that attorney Flick was representinq
two elients in said Case No, 71-423, Dr. Sullivan and Commercial Union
Insurance Company, his first and primary duty was to Dr. Sullivan the
named party to the action. Plaintiff, jOHN B, SULLIVAN, M. D, , both ~
by the institutfon of this action and expressly through counsel, has ~
waived any claim to the attorney-client privilege or the work product of his
attorneys, Willis Flick and the law firm of Blackwell, Walker, Gray, Powers,
Flick ~ Hoehl arising out of their representation of him in said medical
. malpractice ~uit, Cas~ ~io. 7I-423. The facts, information and material
of that medical malpractice suit are the very heart and life of the case at ~
bar. To conceal them under the cloak of an imaginary third party attorney-
client relationship would defeat the ends of justice and be contrary to the
intent of the liberal discovery provisions of the Florida Rules of Civil
Procedure . The now attempted a s sertion of attorney-client privilege by
Commercial Union Insurance Company is without merit. The Court has
heard ar ument of counsel and a s con i e
9 h s d red the memorandum briefs
submitted. It is thereupon, upon consideration
t ORDERED AND ADJUDGED as follows;
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! 1. That attorney Willis Flick of the firm of Blackwell, Walker,
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` Gray, Powers, Flick ~ Hoehl be and he is hereby required and
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~ directed to submit, upon proper notice, to the taking of his
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~ - deposition upon oral examination by the hereinabove named
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~ Defendants , and he shall answer any questions and state any
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~ opinions he might have regarding facts and information within his .
knowledge a s a result of his representation of jOHN B. SULLIVAN ,
9 M. D, and Commercial Union Insurance Company in Case No.
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~ 71-423 aforesaid. ~
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