STEVE EDELSTEIN, CITY OF MIAMI, MICHAEL J. MURPHY AND FOWLER, WHITE, BURNETT, HURLEY, BANICK & STRICKROOT, APPELLANTS/APPELLEES,
v.
MIRIAM DONNER AND ARTHUR J. MORBURGER, APPELLEES/APPELLANTS
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The court held that the attorney-client privilege does not exempt communications between a lawyer and a public-entity client from disclosure under the Public Records Act. However, a writ of mandamus requiring production of materials claimed under a non-existent work product exemption was affirmed.
The trial court issued a writ of mandamus regarding the production of materials claimed to be protected by a non-existent work product exemption and a…
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PER CURIAM.
We affirm the trial court’s issuance of a Peremptory Writ of Mandamus insofar as it requires the production of materials claimed to be protected by a non-existent work product exemption to the Public Records Act, Chapter 119, Florida Statutes (1981). Parsons & Whittemore, Inc. v. Metropolitan Dade County, 429 So. 2d 343 (Fla. 3d DCA 1983); Donner v. Edelstein, 423 So. 2d 367 (Fla. 3d DCA 1982); Miami Herald Publishing Co. v. City of North Miami, 420 So. 2d 653 (Fla. 3d DCA 1982); Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982), review denied, 426 So. 2d 27 (Fla.1983); Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982).
We reverse the trial court’s ruling approving an attorney-client privilege as a ground for denying production under the Public Records Act. Miami Herald Publishing Co. v. City of North Miami, No. 83-688, 452 So. 2d 572 (Fla. 3d DCA 1983) * (City of North Miami II). As in City of North Miami II, we certify that this decision passes upon a question of great public importance:
Does the attorney-client privilege section of the Florida Evidence Code exempt from the disclosure requirements of the Public Records Act written communications between a lawyer and his public-entity client?
Orders pertaining to the grant of production affirmed; orders pertaining to the denial of production reversed; question certified.
*
The trial court did not have the benefit of City oj North Miami II when it made its ruling.
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Donner v. Appalachian Ins. Co., 580 So. 2d 797 (Fla. 3d DCA 1991)…Dickensian proportions. Affirmed. . See Donner v. Hetherington, 399 So. 2d 1011 (Fla. 3d DCA 1981); Donner v. Hetherington, 376 So. 2d 404 (Fla. 3d DCA 1979); Donner v. Hetherington, 370 So. 2d 1225 (Fla. 3d DCA 1979). . See Edelstein v. Donner, 450 So. 2d 562 (Fla. 3d DCA 1984), approved, 471 So. 2d 26 (Fla.1985); Donner v. Edelstein, 425 So. 2d 1220 (Fla. 3d DCA 1983); Donner v. Edelstein, 423 So. 2d 367 (Fla. 3d DCA 1982); Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982). .Our affirmance should…
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Brevard Cnty. v. Nash, 468 So. 2d 240 (Fla. 5th DCA 1984)…*241] ny v. City of North Miami, 452 So. 2d 572 (Fla. 3d DCA 1984) and hold that all state, county and municipal records are controlled by the Public Records Act and no exception exists for lawyer-client communications. See also Edelstein v. Donner, 450 So. 2d 562 (Fla. 3d DCA 1984); State of Florida, Department of Highway Safety and Motor Vehicles v. Kropff 445 So. 2d 1068 (Fla. 3d DCA 1984). We are advised that the question decided by this opinion is pending in our Supreme Court. The question is of great…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982)
- The Miami Herald Publ'g Co. v. City OF N. Miami, 452 So. 2d 572 (Fla. 3d DCA 1984)
- Donner v. Ebelstein, 415 So. 2d 830 (Fla. 3d DCA 1982)
- The Miami Herald Publ'g Co. v. City OF N. Miami, 420 So. 2d 653 (Fla. 3d DCA 1982)
- Parsons & Whittemore, Inc. v. Metro. Dade Cnty., 429 So. 2d 343 (Fla. 3d DCA 1983)
- Grabel v. Grabel, 425 So. 2d 1220 (Fla. 3d DCA 1983)
- Fernandez v. State, 423 So. 2d 367 (Fla. 3d DCA 1982)
- Donner v. Edelstein, 423 So. 2d 367 (Fla. 3d DCA 1982)