CITY OF MIAMI BEACH, PETITIONER,
v.
JOHN G. DE LAPP, JR., RESPONDENT

Fla. 3d DCA | 1985-07-02
No. 85-1033
Before HUBBART, BASKIN and FERGUSON, JJ.
472 So. 2d 543 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 3 cases
Topics
Public Records Act Privilege

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for a writ of certiorari is granted, the order under review is quashed, and the cause is remanded to the trial court with directions (a) to sustain the petitioner City of Miami Beach’s objections to production of the legal memoranda sought by paragraph 6 of the notice to produce inasmuch as said material is privileged under the public records law, § 119.-07(3)(o), Fla.Stat. (Supp.1984), and (b) to examine in camera all other materials sought by the subject notice to produce and to sustain the petitioner City of Miami Beach’s objections thereto if, but only if, the court determines that the materials or portions thereof are privileged under the above-cited public records law because such material “reflects a mental impression, conclusion, litigation strategy, or legal theory” of the City of Miami Beach or its counsel in this litigation. See City of North Miami v. Miami Herald Publishing Co., 468 So. 2d 218 (Fla.1985).

It is so ordered.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • City OF Orlando v. Desjardins, 493 So. 2d 1027 (Fla. 1986)
    …9.-07(2)(b), Florida Statutes (1985), and prohibit the disclosure only of those records reflecting “a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency.” § 119.07(3)(o); City of Miami Beach v. De Lapp, 472 So. 2d 543 (Fla. 3d DCA 1985); 1985 Op. Att’y Gen.Fla. 085-89 (Oct. 30, 1985). See C. Ehrhardt, Florida Evidence § 502.4 (1986 Supp.). We therefore quash the decision under review and remand for further proceedings consistent with this opinion. It is so orde…
  • State v. Ridge, 483 So. 2d 766 (Fla. 5th DCA 1986)
    …Fla.3d DCA 1982); Leland v. Fricke, 376 So. 2d 432 (Fla. 1st DCA 1979); Vecellio v. Vecellio, 313 So. 2d 61 (Fla. 4th DCA 1975). Furthermore, the court may not condition the payment of support upon the granting of visitation. See Newbold v. Newbold, 472 So. 2d 543 (Fla. 3d DCA 1985); Jones; Rock; Ciferni; Carroll; Leland; Vecellio. Accordingly, the order below is reversed and the cause remanded with directions to the trial court to enter an order requiring support payments be made to the clerk of the court wi…
  • Bowes v. Bowes, 483 So. 2d 820 (Fla. 3d DCA 1986)
    …PER CURIAM. Appellant contends, correctly, that an order to make child support payment under the Uniform Reciprocal Enforcement of Support Act cannot be conditioned on visitation rights. Newbold v. Newbold, 472 So. 2d 543 (Fla. 3d DCA 1985); § 88.271, Fla.Stat. (1985). We appreciate appellee’s confession that the trial court committed error. Reversed and remanded.…

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