LUCINDA EDDY, APPELLANT,

v.

THE TOWN OF INDIAN RIVER SHORES, A FLORIDA MUNICIPAL CORPORATION, APPELLEE

Citator

Cited By

• Lovette v. State, 636 So. 2d 1304 (Fla. 1994)
  …led as a witness, the state may not depose the expert or call him as a witness.” Tucker v. State, 484 So. 2d 1299, 1300 (Fla. 4th DCA), review denied, 494 So. 2d 1153 (Fla.1986). The Fourth District Court of Appeal followed Pouncy in Ursry v. State, 428 So. 2d 713 (Fla. 4th DCA), review denied, 438 So. 2d 834 (Fla.1983), and Townsend v. State, 420 So. 2d 615 (Fla. 4th DCA 1982), review denied, 430 So. 2d 452 (Fla.1983), and held that the state could not make a confidential expert its witness when the attorney…
• Kristopher Sanders v. State, 707 So. 2d 664 (Fla. 1998)
  …t or call him as a witness. Lovette v. State, 636 So. 2d 1304, 1308 (Fla.1994). Under this rule, the State cannot make a confidential expert for the defense its witness when the attorney-client privilege has not been waived. Lovette; Ursry v. State, 428 So. 2d 713 (Fla. 4th DCA 1983); Townsend v. State, 420 So. 2d 615 (Fla. 4th DCA 1982). Unless otherwise waived, only when the defense calls the expert as a .witness is the privilege relinquished. Lovette; Ursry. Rose, the ease relied on' by the trial court, d…
• Rose v. State, 591 So. 2d 195 (Fla. 4th DCA 1991)
  …vernment witness. Thus, the assertion of the privilege in the psychiatric witness cases is based on the confidential communications which may be made to the psychiatrist. See also Tucker v. State, 484 So. 2d 1299 (Fla. 4th DCA 1986); Ursry v. State, 428 So. 2d 713 (Fla. 4th DCA 1983). In the instant case the appellant’s attorney nowhere asserted that confidential communications between appellant and the attorney which were passed on to the expert were involved. Instead what he claimed was that he had sent Dr…

Authorities Cited

• S. A. Healy Co. v. Town OF Highland Beach, 355 So. 2d 813 (Fla. 4th DCA 1978)