ASSOCIATED MEDICAL INSTITUTION, INC., A FLORIDA CORPORATION D/B/A HIALEAH HOSPITAL, PETITIONER,
v.
JENNIE J. TRUBE, RESPONDENT
PER CURIAM.
A party cannot be compelled to produce materials which are the work product of his attorney and which relate to the subject matter of the suit without a showing of unusual circumstances. Miami Transit Company v. Hurns, 46 So. 2d 390 (Fla.1950); Allstate Insurance Co. v. Gibbs, 340 So. 2d 1202 (Fla. 4th DCA 1976) cert. denied, 354 So. 2d 980 (Fla.1977); Dade County v. Monroe, 237 So. 2d 598 (Fla. 3rd DCA 1970); Fla.R.Civ.P. 1.280(b)(2). There is no conflict between Section 768.41(4), Fla.Stat. (1979) and Fla.R.Civ.P. 1.280(b)(2).
The writ of certiorari is granted and the orders dated January 15, 1981 and January 19, 1981, insofar as they require production of incident reports, are hereby quashed.
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Affiliated OF Fla., Inc. v. U-Need Sundries, Inc., 397 So. 2d 764 (Fla. 2d DCA 1981)…e. “The privilege rule would be of no value if it might be evaded by compelling the client to disclose that which the attorney is bound to withhold.” 3 S. Gard, Jones on Evidence 766 (6th ed. 1972). Cf. Associated Medical Institution, Inc. v. Trube, 394 So. 2d 563 (Fla.3d DCA 1981), in which the court held that a party could not be compelled to produce his attorney’s work product. Respondents do not suggest that the communications between Affiliated and its attorneys were not confidential. However, they cont…
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Time Warner, Inc. v. Gadinsky, 639 So. 2d 176 (Fla. 3d DCA 1994)…4th DCA 1986); Procter & Gamble Co. v. Swilley, 462 So. 2d 1188 (Fla. 1st DCA 1985); Winn-Dixie Stores, Inc. v. Nakutis, 435 So. 2d 307 (Fla. 5th DCA 1983), pet. for review denied, 446 So. 2d 100 (Fla.1984); Associated Medical Inst., Inc. v. Trube, 394 So. 2d 563 (Fla. 3d DCA 1981). Contrary to the respondent’s contention, moreover, we find no waiver of that position.1 The order requiring production of the papers in question is therefore quashed. Certiorari granted. . In fairness to the trial court, we…
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E. AIR Lines, Inc. v. Gellert, 431 So. 2d 329 (Fla. 3d DCA 1983)…ge, see Fla.R.Civ.P. 1.280(b)(2); Alachua General Hospital, Inc. v. Zimmer USA, Inc., 403 So. 2d 1087 (Fla. 1st DCA 1981); Insurance Company of North America v. Noya, 398 So. 2d 836 (Fla. 5th DCA 1981); Associated Medical Institution, Inc. v. Trube, 394 So. 2d 563 (Fla. 3d DCA 1981), was needed. It is equally apparent that the records of payments and the names and addresses of parties to whom long distance phone calls were made do not implicate the attorney-client privilege. In re Grand Jury Proceedings (Sla…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allstate Ins. Co. v. Gibbs, 340 So. 2d 1202 (Fla. 4th DCA 1976)
- Miami Transit Co. v. Hurns, 46 So. 2d 390 (Fla. 1950)
- Dade Cnty. v. Monroe, 237 So. 2d 598 (Fla. 3d DCA 1970)