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Blog Posts in Privileges

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  • Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons

    On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena that had been issued to another company...

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  • Florida Second DCA rules that trial court erred in allowing psychotherapist to invoke the psychotherapist-patient privilege in a child custody hearing as to matters previously disclosed concerning the child’s treatment in a prior deposition and hearing

    On March 26, 2021, in S.H.Y v. P.G., No. 2D19-4646, the Florida Second DCAreversed a trial court ruling following a child custody hearing, finding that the trial court erred in allowing a psychotherapist to belatedly raise the psychotherapist-patient privilege...

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  • Florida Third DCA quashes trial court order which had found that work product privilege as to defendant’s incident report was waived by defendant’s corporate representative’s use of report to refresh recollection in deposition, remands with direction to trial court to conduct in camera review of video deposition

    On March 24, 2021, in Onward Living Recovery Community, LLC et al, v. Mormeneo, etc., the Florida Third DCA granted a certiorari petition by the defendant in wrongful death case and quashed a trial court order finding no work product protection...

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  • Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records

    On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production of the plaintiff’s mental health records...

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  • Florida Second DCA rejects motor vehicle negligence defendant’s attempt to discover trade secrets from third party medical provider

    On February 5, 2021, in Gulfcoast Spine institute, LLC, et al, v. Walker, et al, No. 2D19-4220, the Florida Second DCA granted a certiorari petition from a non-party medical provider in a motor vehicle negligence case...

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  • Florida Third DCA rules that defendant in civil sexual battery case has a valid Fifth Amendment right not turn over documents because of reasonable fear of future criminal prosecution

    On February 3, 2021, in Shimon v. R.B., No. 20-18188, the Florida Third DCA granted a defendant’s writ for certiorari and quashed an order in a civil sexual battery case requiring him to provide documents in discovery...

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  • Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature because no privilege log had yet been produced to the trial court

    On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee...

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  • Florida Third DCA rules that litigation privilege does not apply to condo assessment collection activity knowingly undertaken without legal authority

    On January 20, 2021, in Moise v. Ola Condominium Association, Inc. et al., No. 3D20-143, the Florida Third DCA addressed the issue whether Florida’s common law litigation privilege...

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  • Florida Third DCA rules that trial court erred in ordering disclosure of work-product materials from insurance company’s claims file in first-party property insurance lawsuit

    On January 13, 2021, in Avatar Property & Casualty Insurance Company v. Mitchell, No. 3D20-1515, the Florida Third DCA granted certiorari relief in a first-party property insurance lawsuit...

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  • Florida Third DCA rules that defendants in defamation action were entitled to absolute litigation privilege for the allegedly defamatory disclosure of bar complaint against plaintiffs as an attachment to a pleading in a separate replevin action

    On December 23, 2020, in Gursky Ragan, P.A. v. Association of Poinciana Villages, Inc., No. 3D19-0696, the Florida Third DCA affirmed a trial court summary judgment...

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  • Florida Fourth DCA rules in criminal vehicular homicide case that State was not entitled to subpoena defendant’s hospital records following the incident because there was not a "reasonable founded suspicion" that the defendant had been intoxicated

    On December 2, 2020, in Rodriguez v. State of Florida, No. 4D20-2010, the Florida Fourth DCA granted the certiorari petition of a defendant in a pending vehicular homicide case...

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  • Florida Third DCA quashes trial court’s contempt order against defendant in civil theft case, finds that defendant did not waive Fifth Amendment right by refusing to answer questions on other privilege grounds prior to invoking Fifth Amendment

    On December 2, 2020, in Wahnon v. Coral and Stones Unlimited Corp., No. 3D19-2387, the Florida Third DCA addressed the issues that arise when a trial court attempts...

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  • Florida Third DCA rules that production of insurance company’s documents concerning its business practices and procedures was premature in first-party dispute concerning insurance coverage

    On November 25, 2020, in State Farm Florida Insurance Company v. Hill, No. 3D20-1191, the Florida Third DCA quashed a trial court order which had denied State Farm’s motion...

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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...

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  • Florida Fifth DCA rules that defendant waived work product privilege by allowing corporate representative to testify about content of privileged documents

    On August 7, 2020, in Quest Diagnostics Incorporated v. Hall, No. 5D20-255, the Florida Fifth DCA denied a defendant’s certiorari petition ...

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  • Florida Second DCA rules that party was under no duty to prepare privilege log until after all non-privilege objections to discovery request were resolved

    On March 13, 2020, in Avatar Property & Casualty Insurance Company v. Jones, No. 2D19-243, the Florida Second DCA quashed a trial court order requiring an insurance company to produce an investigator’s photos ...

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  • Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim

    On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed a discovery order ...

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  • Florida Second DCA rules in medical negligence case that documents used in defendant hospital’s credentialing process of allegedly negligent doctor were privileged despite their alleged relevance to plaintiff’s negligent credentialing claim

    On December 11, 2019, in Tarpon Springs Hospital Foundation v. White, No. 2D19-603, the Florida Second DCA granted the certiorari petition of the defendant hospital in a medical negligence case ...

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  • Florida Third DCA rules that defendant was required to disclose information about financial relationships between defense experts and defense counsel

    On September 11, 2019, in Angeles-Delgado v. Benitez, No. 3D19-1022, the Florida Third DCA denied the certiorari petition of the defendant in an motor vehicle negligence case who requested that the court quash a trial court order compelling discovery information about the financial and professional relationships between the defendant’s insurer, expert witnesses, and the law firm defending them ...

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  • Florida Fourth DCA rules that absolute immunity for communications during judicial proceedings does not provide immunity to a psychotherapist for revealing communications regarding a patient contrary to section Fla. Stat. § 490.0147

    On April 24, 2019, in Estape v. Seidman , No. 4D17-3336, the Florida Fourth DCA reversed a summary judgment entered for a defendant psychotherapist in a case in which the plaintiff alleged that the ...

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