NEWMAN
v.
HIRST
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An agreement to answer discovery requests does not constitute an express waiver of all privileges absent clear and unequivocal language demonstrating intent to waive.
[1] A party's mere agreement to answer discovery requests does not constitute an express waiver of all privileges unless the agreement contains clear and unequivocal language…
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Join FLexlaw to unlock all legal intelligenceNewman was ordered by the trial court to answer the respondents' Boecher interrogatories, with the trial court finding that he had expressly waived al…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DAVID NEWMAN,
Petitioner,
v. Case No. 5D17-2482 GLENN HIRST and WERNER ENTERPRISES, INC., Respondents. _________________________________________/ Opinion filed February 16, 2018
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Keith F. White, Judge.
Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, for Petitioner.
Brian D. Stokes and Brandon M. Smith, of Alvarez, Winthrop, Thompson & Storey, P.A., Orlando, for Respondents.
WALLIS, J.
David Newman petitions this court for a writ of certiorari, seeking to quash the trial court's order finding that he expressly waived all privilege objections to the respondents'
Boecher1 interrogatories. We find that the trial court departed from the essential
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., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999)
- Liberty Mut. Ins. Co. v. Lease Am., Inc., 735 So. 2d 560 (Fla. 4th DCA 1999)
- Paradise Divers, Inc. v. Upmal, 943 So. 2d 812 (Fla. 3d DCA 2006)