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Blog Posts in Privileges

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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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