BOCA RATON HOTEL & CLUB, PETITIONER,
v.
CATHLEEN DUNN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE DUNN, DECEASED, AND ON BEHALF OF HERSELF INDIVIDUALLY, AS SURVIVING SPOUSE, AND ON BEHALF OF THEIR DEPENDENT MINOR WARD, CATHY LEFAY STEWART; AND FORD MOTOR COMPANY, RESPONDENTS
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The court quashed a trial court order compelling production of work-product-privileged materials from a non-party witness, holding that the work product privilege applies to non-party witnesses and remanding for in camera review with proper burden-shifting procedures.
A non-party witness may assert the work product privilege, and upon remand the trial court must conduct an in camera hearing with procedures requiring the privilege-claimant to designate which documents are privileged.
[1] A non-party witness may assert the work product privilege to protect materials from discovery, and the trial court must conduct an in camera hearing to determine which sp…
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Join FLexlaw to unlock all legal intelligence“the burden of proof where it belongs — on petitioner rather than the trial court who does not need to spend precious trial court time wading through documents upon which no privilege is claimed”
Court explaining proper burden-shifting procedures for work product claims on remand
Subpoenaed witnesses David Ethridge and the records custodian of Boca Raton Hotel sought a protective order to prevent production of materials claimed…
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PER CURIAM.
We grant the petition for writ of certiorari and quash the trial court’s order denying the motion for protective order filed by subpoenaed witnesses David Ethridge and records custodian of Boca Raton Hotel to the extent that it compels the production of materials protected by the work product privilege. From the hearing transcript it appears that the trial court denied the motion based on respondent Ford’s argument that a non-party witness could not assert a work product privilege. On this petition, Ford has abandoned that position and now maintains a position consistent with peti tioner that the work product privilege would apply.
Since the trial court did not conduct a further in camera hearing as to which documents were properly work product, see Cotton States Mut. Ins. Co. v. Turtle Reef Associates, Inc., 444 So. 2d 595 (Fla. 4th DCA 1984), we remand for further proceedings. Upon remand the trial court should adopt procedures to narrow down which documents are claimed to constitute work product. These may include requiring petitioner to list all documents to be produced and to designate which ones are being claimed as privileged. Such a procedure would put the burden of proof where it belongs — on petitioner rather than the trial court who does not need to spend precious trial court time wading through documents upon which no privilege is claimed.
GLICKSTEIN, GUNTHER and WARNER, JJ., concur.
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Citator
Cited By
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AETNA Ins. Co. v. Koganovsky, 661 So. 2d 418 (Fla. 4th DCA 1995)…y to obtain substantial equivalent without undue hardship. Alachua Gen. Hosp., Inc. v. Zimmer USA Inc., 403 So. 2d 1087 (Fla. 1st DCA 1981); see also Healthtrust, Inc. v. Saunders, 651 So. 2d 188 (Fla. 4th DCA 1995); Boca Raton Hotel & Club v. Dunn, 563 So. 2d 218 (Fla. 4th DCA 1990); Cotton States Mut. Ins. Co. v. Turtle Reef Assoc., Inc., 444 So. 2d 595 (Fla. 4th DCA 1984). As to the balance of petitioner’s arguments, we deny relief. GUNTHER, C.J., and GLICKSTEIN and STONE, JJ., concur.…
Authorities Cited
- Cotton States Mut. Ins. Co. v. Turtle Reef Assocs., Inc., 444 So. 2d 595 (Fla. 4th DCA 1984)