WOLF FALKENBERG AND ANN MCBRIDE, APPELLANTS,
v.
JOSEPH E. COLE AND MARCIA N. COLE, APPELLEES
WOLF FALKENBERG AND ANN MCBRIDE, APPELLANTS,
JOSEPH E. COLE AND MARCIA N. COLE, APPELLEES
614 So. 2d 1
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
DELL, J., and WALDEN, JAMES H„ Senior Judge, concur. ANSTEAD, J., concurs in part and dissents in part with opinion.
Other
ANSTEAD, Judge,
concurring in part; dissenting in part.
I would affirm as to the appellant Wolf Falkenberg, but reverse as to the appellant Ann McBride.
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Asplundh Tree Expert Co. v. Barnes, 689 So. 2d 1200 (Fla. 4th DCA 1997)…). The communications between Asplundh’s attorney and the president of the codefendant, the company that sold the wood chipper, are also privileged as part of the common interests exception to the doctrine of waiver of privilege. See Rodan v. Doyle, 614 So. 2d 1 (Fla. 4th DCA 1993); Visual Scene, Inc. v. Pilkington Brothers, PLC., 508 So. 2d 437 (Fla. 3d DCA 1987). The letter from the codefendant to the customer referencing the advice of “our attorney’s” (sic) did not amount to a waiver of the confidentiali…