ARCHBISHOP COLEMAN F. CARROLL HIGH SCHOOL, INC., AND ARCHDIOCESE OF MIAMI, INC., AND DR. RICHARD FENCHAK, PETITIONERS,
v.
JOSE LUIS MAYNOLDI, AND OLGA MAYNOLDI, INDIVIDUALLY, AND AS LEGAL GUARDIANS OF GABRIEL MAYNOLDI, RESPONDENTS
ARCHBISHOP COLEMAN F. CARROLL HIGH SCHOOL, INC., AND ARCHDIOCESE OF MIAMI, INC., AND DR. RICHARD FENCHAK, PETITIONERS,
JOSE LUIS MAYNOLDI, AND OLGA MAYNOLDI, INDIVIDUALLY, AND AS LEGAL GUARDIANS OF GABRIEL MAYNOLDI, RESPONDENTS
922 So. 2d 408
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
The trial court found that Dr. Fenchak’s notes were not prepared in anticipation of litigation. The notes were therefore not privileged as attorney-client communication and did not become privileged when the attorney requested them. There is record support for such a finding. We therefore cannot find that the trial court departed from the essential requirements of law so as to warrant granting the petition for writ of certiorari. Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987); Goldberg v. Ross, 421 So. 2d 669 (Fla. 3d DCA 1982).
Rehearing denied.
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Marshalls OF MA, Inc. v. Cira Minsal, 932 So. 2d 444 (Fla. 3d DCA 2006)…certiorari should only be granted if the record does not contain competent evidence to support the trial court’s finding that the documents were not prepared in anticipation of litigation. Archbishop Coleman F. Carroll High School, Inc. v. Maynoldi, 922 So. 2d 408 (Fla. 3d DCA 2006). Because we conclude that the trial court applied the incorrect standard; there was competent record support that these reports were prepared in anticipation of litigation; and there was no competent evidence to the contrary, we…
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Selph v. Decirena Selph, 144 So. 3d 676 (Fla. 4th DCA 2014)…petitioner establishes that he or she is “either a ‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.’” Lopez v. Lopez, 922 So. 2d 408, 410 (Fla. 4th DCA 2006) (quoting § 741.30(l)(a), Fla. Stat. (2005)). Section 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery ... false imprisonment, or any criminal offense resulting in physical inj…
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Regalado Lopez v. Regalado, 257 So. 3d 550 (Fla. 3d DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Goldberg v. Eli Ross, 421 So. 2d 669 (Fla. 3d DCA 1982)