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Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

On February 16, 2018, in Newman v. Hirst, No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had expressly waived all privilege objections to the defendant’s Boecher-style interrogatories seeking information about the business relationship between the law firm representing the plaintiff and its expert witness. The circumstances of the alleged waiver are not clear from the Fifth DCA’s brief decision, which states only that the plaintiff had agreed to “answer” discovery requests. In support of its ruling, the Fifth DCA cited Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006), and Liberty Mut. Ins. v. Lease Am., Inc., 735 So. 2d 560, 561–62 (Fla. 4th DCA 1999)

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