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Florida Third DCA rules that trial court erred by requiring subpoenaed non-party to file a privilege log

On November 25, 2020, in IATAI Enterprises, Inc. v. Loyacono, No. 3D19-1831, the Florida Third DCA reversed a trial court order which had compelled a subpoenaed company, not a party to the lawsuit with respect to which the subpoena was issued, to produce documents and file a privilege log regarding any allegedly privileged documents.  The subpoenaed company, IATAI Enterprises, Inc. was apparently related to but a separate corporate entity from the corporate defendant, IATAI LA, Inc.  The Third DCA concluded that the trial court departed from the essential requirements of law in requiring IATAI, a non-party, to file a privilege log, noting that Florida Rule of Civil Procedure 1.280(b)(6) does not apply to non-parties. The Third DCA cited Dade Truss Co., Inc. v. Beaty, 271 So. 3d 59, 65 (Fla. 3rd DCA 2019) and U.S. Sugar Corp. v. Estate of Mullins, 211 So. 3d 110, 114 (Fla. 4th DCA 2017) (“Even if the subpoena arguably sought non-privileged documents . . . the probate court erred in requiring the petitioner, as a non-party . . . to file a privilege log.”).

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