IN RE THE MARRIAGE OF OLYMPIA R. ZANARDI, PETITIONER,
v.
MARIO ZANARDI, ET AL., RESPONDENTS
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PER CURIAM.
Petitioner, Olympia R. Zanardi, petitions this court for a writ of certiorari to review an order denying her motion to copy computer diskettes, on the basis of attorney-client privilege. We grant the petition.
The petitioner claims, and we agree, that she is entitled to have the trial court conduct an in camera inspection of the diskettes in order for the trial court to determine whether the assertion of the privilege is valid. See Paskoski v. Johnson, 626 So. 2d 338 (Fla. 4th DCA 1993); Allstate Ins. Co. v. Walker, 583 So. 2d 356 (Fla. 4th DCA 1991); Austin v. Barnett Bank of South Florida, N.A., 472 So. 2d 830 (Fla. 4th DCA 1985); Eastern Air Lines, Inc. v. Gellert, 431 So. 2d 329 (Fla. 3d DCA 1983). Accordingly, we grant the petition for certiorari, quash the order below, and direct the trial court to conduct an in camera inspection of the information contained in the computer diskettes.
Certiorari granted; order quashed with directions.
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Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017)…t a basis for completely disallowing permissible discovery. Instead, appropriate objections are made and an in camera review- is conducted by the trial judge. See, e.g., Patrowicz v. Wolff, 110 So. 3d 973, 974 (Fla. 2d DCA 2013); Zanardi v. Zanardi, 647 So. 2d 298, 298 (Fla. 3d DCA 1994). III. Boecher Requires this Discovery Importantly, this Court in Boecher, 733 So. 2d at 994, required the disclosure of a financial relationship between a party insurance company and its witness. This Court explained that “…
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State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002)…Nat’l Bank v. Turney, 26 Fla. L. Weekly D2776,-So. 2d-, 2001 WL 1485659 (Fla. 1st DCA November 26, 2001); Little v. State, 754 So. 2d 152 (Fla. 2d DCA 2000); Nat'l Sec. Fire & Cas. Co. v. Dunn, 705 So. 2d 605 (Fla. 5th DCA 1997); Zanardi v. Zanardi, 647 So. 2d 298 (Fla. 3d DCA 1994); Allstate Ins. Co., Inc. v. Walker, 583 So. 2d 356 (Fla. 4th DCA 1991). Although this has been an accepted procedure for many years, the public's faith in the attorney-client privilege has not crumbled.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- L.B.K., Inc. v. Union Indem. Ins. Co., 431 So. 2d 329 (Fla. 3d DCA 1983)
- Austin v. Barnett Bank OF S. Fla., N.A., 472 So. 2d 830 (Fla. 4th DCA 1985)
- Allstate Ins. Co., Inc. v. Walker, 583 So. 2d 356 (Fla. 4th DCA 1991)
- Knight v. Mastrianni, 626 So. 2d 338 (Fla. 4th DCA 1993)