WILLIAM RANDOLPH KLEIN, PETITIONER,
v.
JAY M. LANCER, RESPONDENT

Fla. 2d DCA | 1983-11-18
No. 88-1803
BOARDMAN, A.C.J., and RYDER and LEHAN, JJ., concur.
440 So. 2d 657 Florida District Court of Appeal, Second District (1983) Negative Treatment
Cited by 11 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

On this petition for writ of certiorari we are asked to limit the scope of pretrial discovery on the basis that some of the documents that respondent has requested to be produced by petitioner (an attorney) would violate the attorney-client privilege.

This court previously granted a petition for certiorari in this case and held that certain materials requested in respondent’s notice to produce were overbroad and irrelevant. Klein v. Lancer, 436 So. 2d 137 (Fla. 2d DCA 1983). There is now apparently some doubt by the parties and the trial court as to whether further limitation of discovery by the trial court on the grounds of attorney-client privilege is foreclosed by this court’s previous opinion dealing with limits on discovery.

The issue of attorney-client privilege was not raised in the prior petition, and this court did not consider or decide that issue. The trial court should consider whether any of respondent’s requests for production would violate the attorney-client privilege and take appropriate action.

The petition for writ of certiorari is denied.

BOARDMAN, A.C.J., and RYDER and LEHAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Scott v. State, 808 So. 2d 166 (Fla. 2002)
    …ctions must be submitted to the trial court in writing if the issue is to be preserved for appellate review. See Gavlick v. State, 740 So. 2d 1212, 1213 (Fla. 2d DCA 1999); Watkins v. State, 519 So. 2d 760, 761 (Fla. 1st DCA 1988); Pittman v. State, 440 So. 2d 657, 659 (Fla. 1st DCA 1983); Holley v. State, 423 So. 2d 562, 564 (Fla. 1st DCA 1982). See also Fla. R.Crim. P. 3.390(c). This was the assumption under which I worked as a trial judge in the Fourth Judicial Circuit for many years. In Brown v. State, 2…
  • Stockton v. State, 544 So. 2d 1006 (Fla. 1989)
    …ds, the setting of time limits for closing argument rests in the discretion of the trial judge. May v. State, 89 Fla. 78, 103 So. 115 (1925). What constitutes a reasonable time depends upon the facts and circumstances of each case. Pittman v. State, 440 So. 2d 657 (Fla. 1st DCA 1983). This two-day trial involved one charge against one defendant. There were no serious legal issues but only disputes in the testimony concerning who fired the fatal shot. Under the circumstances of this case, I cannot say as a mat…
    1 / 2
  • Foster v. State, 464 So. 2d 1214 (Fla. 3d DCA 1984)
    …me for defense counsel’s final argument to the jury. Such convictions have been reversed where defense counsel’s final argument was limited to thirty minutes in a grand theft and resisting arrest case involving multiple defendants, Pittman v. State, 440 So. 2d 657 (Fla. 1st DCA 1983), to twenty-five minutes in a first degree murder case, Neal v. State, 451 So. 2d 1058 (Fla. 5th DCA 1984), to twenty minutes in an assault with intent to commit murder case, May v. State, supra, to ten minutes in a burglary and g…
    1 / 2

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