PARADISE DIVERS, INC., PETITIONER,
v.
KEVIN UPMAL, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Paradise Divers sought certiorari review to quash an order compelling production of attorney reports and investigation materials related to a maritime accident. The court held that a party may make a limited waiver of attorney-client and work product privileges without waiving protection over unrelated materials, and quashed the order requiring production of the reports.
A party may make a limited waiver of attorney-client and work product privileges in Florida. Paradise's limited waiver concerning maintenance and cure documents does not waive privileges over protected investigative materials, mental impressions, or communications relating to other counts of the complaint.
[1] A party can make a limited waiver of attorney-client or work product privileges.
[2] A limited waiver of privilege on one subject does not constitute a waiver of privilege on other unrevealed communications or materials.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A party can make a limited waiver of its attorney-client or work product privileges in this state.”
Establishes the core holding that limited waivers are permissible under Florida law
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceParadise Divers hired Kevin Upmal as first mate on a vessel; Upmal was injured in a maritime accident. Paradise's insurers retained attorney Donna Alb…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Provide Maintenance And Cure cases and more on FLexlaw
SHEPHERD, J.
Paradise Divers, Inc. seeks certiorari review of an order compelling production of reports of Donna Albert, Esq. and Craig Jenni of Dive Consultants International relating to a maritime accident that resulted in serious personal injury to Paradise employee Kevin Upmal.1 We have jurisdiction, Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla.1995)(citing Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987)), and quash the order under review insofar as it requires the production of their reports.
Prior to the date of the accident, Paradise Divers hired Upmal to serve as first mate on the MTV Paradise Diver IV off the Florida Keys. Upon learning of the accident, Paradise insurers retained Albert as counsel for Paradise. Jenni was retained to investigate the accident. During the course of her retention, Albert both provided legal advice to Paradise and communicated with Jenni and insurers concerning the investigation.
Upmal’s multi-count complaint includes causes of action for Jones Act2 negligence, unseaworthiness, and failure to provide maintenance and cure. As an affirmative defense to the latter claim, Paradise alleged “it relied upon the advi[c]e of former counsel, Donna Albert, Esq., not to pay maintenance and cure to Plaintiff and to advise Plaintiffs medical care providers that [Paradise] was not responsible for Plaintiffs bills.”3 Upmal countered with a request for production seeking “All investigation reports, surveys, or survey reports related to, or arising from Plaintiffs incident.” In response to the request, Paradise agreed to produce those documents relating to its “advice of counsel” maintenance and cure defense from Albert’s file. The production of these materials was made pursuant to an express limited waiver of both the attorney-client and work product privilege.
Upmal argues that by agreeing to produce those documents related to maintenance and cure, petitioner has waived any right it may have had to claim attorney-client or work product privilege to other portions of Albert’s and Jenni’s files.
We disagree. A party can make a limited waiver of its attorney-client or work product privileges in this state. Volpe v. Conroy, Simberg & Ganon, P.A., 720 So. 2d 537, 538-39 (Fla. 4th DCA 1998); Shafnaker v. Clayton, 680 So. 2d 1109, 1111 (Fla. 1st DCA 1996); E. Air Lines, Inc. v. Gellert, 431 So. 2d 329, 332 (Fla. 3d DCA 1983)(waiver by disclosure limited “to other unrevealed communications only to the extent that they are relevant to the communication already disclosed”); see also Procacci v. Seitlin, 497 So. 2d 969 (Fla. 3d DCA 1986)(citing cases regarding limited waiver).
The limited waiver made by Paradise on the subject of maintenance and cure does not constitute a waiver of the attorney-client and work product objections made to protected investigative materials, mental .impressions, or communications concerning other counts of the complaint. With exceptions not pertinent here, a party is not entitled to prepare. his case through the work product of another. See Southern Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377, 1384 (Fla.1994)(citing Dodson v. Persell, 390 So. 2d 704, 708 (Fla.1980)(“The rationale supporting the work product doctrine is that ‘one party is not entitled to prepare his case through the investigative work product of his adversary where the same or similar information is available through ordinary investigative techniques and discovery procedures.’ ”)).
Because that portion of the order under review constitutes a departure from the essential requirements of law not curable on review of the final judgment, the petition for certiorari in this case is granted and the order quashed to the extent it requires the production of the reports of Albert and Jenni.
Petition granted and order quashed.
. The petition also sought to quash that portion of the order compelling production of ship's logs and manifests for the vessel. Petitioner has conceded the production of these documents.
. Jones Act, 46 App. U.S.C.A. § 688(a).
. In some circumstances, advice of counsel can be considered as a defense to an attorney fees claim for failure to provide maintenance and cure. See Vaughan v. Atkinson, 369 U.S. 527, 531-32, 82 S.Ct. 997, 8 L.Ed.2d 88 (1962); Stevens v. McGinnis, 82 F. 3d 1353, 1360 (6th Cir.1996).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Greenberg Traurig, P.A. v. Teryse Bresnahan, 2 So. 3d 1109 (Fla. 4th DCA 2009)…the subpoena and for protective orders, arguing that D’Andrea’s limited waiver of the attorney-client privilege applied only to the transaction surrounding the specific property at issue in the underlying litigation. Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006). Nevertheless, the firm produced documents, though it redacted portions which it deemed beyond that limited waiver. Following the trial court’s in camera inspection of the [*1111] redacted documents, it ordered Greenberg Trau…
-
Newman v. Hirst (Fla. 5th DCA 2018)…1 Allstate Ins. v. Boecher, 733 So. 2d 993 (Fla. 1999). ---PAGE 2--- requirements of the law by determining that Newman's agreement to "answer" discovery requests constituted an express waiver of all privileges. See Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006); Liberty Mut. Ins. v. Lease Am., Inc., 735 So. 2d 560, 561–62 (Fla. 4th DCA 1999). We grant the petition, quash the order, and remand to the trial court for further proceedings. PETITION GRANTED. PALMER and EDWARDS, JJ., co…
-
Newman v. Hirst, 236 So. 3d 506 (Fla. 5th DCA 2018)…1 Allstate Ins. v. Boecher, 733 So. 2d 993 (Fla. 1999). ---PAGE 2--- requirements of the law by determining that Newman's agreement to "answer" discovery requests constituted an express waiver of all privileges. See Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006); Liberty Mut. Ins. v. Lease Am., Inc., 735 So. 2d 560, 561–62 (Fla. 4th DCA 1999). We grant the petition, quash the order, and remand to the trial court for further proceedings. PETITION GRANTED. PALMER and EDWARDS, JJ., co…
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
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Vaughan v. Atkinson, 369 U.S. 527 (U.S. 1962)
- Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)
- Dodson v. Persell, 390 So. 2d 704 (Fla. 1980)
- S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377 (Fla. 1994)
- L.B.K., Inc. v. Union Indem. Ins. Co., 431 So. 2d 329 (Fla. 3d DCA 1983)
- Pasquale Procacci v. Seitlin, 497 So. 2d 969 (Fla. 3d DCA 1986)
- Volpe v. Conroy, Simberg & Ganon, P.A., 720 So. 2d 537 (Fla. 4th DCA 1998)
- Shafnaker v. Clayton, 680 So. 2d 1109 (Fla. 1st DCA 1996)