DEBRA JEAN HOLBROOK F/K/A JOHNNY A. LOGAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Morton Plant Hosp. Ass'n, Inc. v. Shahbas, 960 So. 2d 820 (Fla. 2d DCA 2007)
  …bility of the privilege or protection. “Although waiver of the attorney-client privilege and work-product privileges is not favored in Florida, the rule is mandatory and a waiver can be found by failure to file a privilege log.” Gosman v. Luzinski, 937 So. 2d 293, 295 (Fla. 4th DCA 2006). However, “[a] party is required to file a log only if the information is ‘otherwise discoverable.’” Id. at 296 (holding that until a trial court rules on a party’s objection to discovery based on it being overly burdensome…
• Columbia Hosp. Corp. OF S. Broward v. Fain, 16 So. 3d 236 (Fla. 4th DCA 2009)
  …ons, Columbia argued that the estate’s discovery requests were overly broad, irrelevant, and unduly burdensome. The trial court made a preliminary determination that the materials sought were “otherwise discoverable.” Pursuant to Gosman v. Luzinski, 937 So. 2d 293, 295 (Fla. 4th DCA 2006), a party need not file a privilege log until the trial court has decided as a preliminary matter whether the materials sought are “otherwise discoverable.” The estate concedes that, as in Shahbas, Columbia may now file a pri…
• Nevin v. Palm Beach Cnty. Sch. Bd. & F.A. Richard & Assocs., 958 So. 2d 1003 (Fla. 1st DCA 2007)
  …ida courts have stated that “[although waiver of the attorney-client privilege and work-product privileges is not favored in Florida, [rule 1.280(b)(5) ] is mandatory and a waiver can be found by failure to file a privilege log.” Gosman v. Luzinski, 937 So. 2d 293, 295 (Fla. 4th DCA 2006) (emphasis added). [*1008] The justification for this holding is that “information contained in the privilege log would be necessary to assess the applicability of the privilege or protection.” Id. at 296 n. 1. Although waiv…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)