Anticipation Of Litigation

113 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Honey Transp., Inc. v. Leafar R. Ruiz
  893 So. 2d 661· Fla. 4th DCA· 2005-02-16 ·cited 4×
  Honey Transport sought certiorari review of a circuit court order compelling discovery of photographs of vehicles involved in an accident and employee statements about the accident. The court held that the trial court failed to properly analyze whether the materials were work-pro
• The Town Ctr. @ Boca Raton Tr. v. Hirokawa
  789 So. 2d 1230· Fla. 4th DCA· 2001-07-25 ·cited 4×
  The Fourth District Court of Appeal reversed a trial court's order compelling production of mall security and police reports in a negligent security case, finding the trial court failed to conduct the required in-camera inspection before overruling work-product objections.
• Beverly Enterprises-Florida, Inc. v. Olvera
  734 So. 2d 589· Fla. 5th DCA· 1999-06-18 ·cited 4×
  Florida appellate court quashed discovery order compelling production of nursing director's notes prepared during internal and risk management investigation, finding them protected as work product prepared in anticipation of litigation absent showing of need and inability to obta
• Howard Lifshutz, M.D. v. The Citizens & S. Nat'l Bank OF Fla.
  626 So. 2d 252· Fla. 4th DCA· 1993-09-22 ·cited 4×
  The Florida Fourth District Court of Appeal granted a petition for writ of certiorari, quashing a trial court order compelling discovery of work product materials prepared by an investigator-consultant. The court held that the trial court improperly rejected work product privileg
• Butcher v. Miami Elevator Co., Inc.
  568 So. 2d 61· Fla. 3d DCA· 1990-05-15 ·cited 4×
  An eleven-year-old boy was injured when an elevator door failed, trapping his leg. The trial court excluded a res ipsa loquitur instruction and admitted hearsay statements blaming the child's actions for the accident. The appellate court reversed and remanded for a new trial, fin
• Albertsons, Inc. v. Rosella J. Howells
  518 So. 2d 291· Fla. 2d DCA· 1987-10-09 ·cited 4×
• SCI Funeral Servs. OF Fla., Inc. v. Elisabeth O. Walthour and John Walthour
  165 So. 3d 861· Fla. 1st DCA· 2015-06-22 ·cited 3×
  A funeral home sought certiorari relief from a trial court order compelling disclosure of redacted portions of an expert medical report. The First District Court of Appeal held that three of four redacted paragraphs containing the expert's standard-of-care opinion were privileged
• Int'l House OF Pancakes (Ihop) v. Robinson
  124 So. 3d 1004· Fla. 4th DCA· 2013-11-06 ·cited 3×
  IHOP and a prep cook sought certiorari review of two trial court orders: one denying relief from a default judgment and another compelling discovery of a statement taken by IHOP's insurer investigator. The court held it lacked jurisdiction over the default order but granted relie
• Universal City Dev. P'rs, Ltd. v. Pupillo
  54 So. 3d 612· Fla. 5th DCA· 2011-02-18 ·cited 3×
  Under Florida Rule of Civil Procedure 1.280(b)(3), work product-protected documents may be discovered only upon a showing that the party seeking discovery has a need for the materials and cannot obtain the substantial equivalent by other means; here, the respondent failed to meet
• Sehringer v. Big Lots, Inc.
  532 F. Supp. 2d 1335· M.D. Fla.· 2007-10-03 ·cited 3×
  The court held that the defendant's operational control over its subsidiary established sufficient minimum contacts for personal jurisdiction and that service of process on the subsidiary was valid substitute service on the parent.
• Orange Park Christian Acad. v. Russell
  899 So. 2d 1215· Fla. 1st DCA· 2005-04-15 ·cited 3×
  The court granted certiorari and quashed the trial court's order compelling disclosure of school documents regarding a motor vehicle incident, holding that the documents constitute privileged work product created in anticipation of litigation.
• Winn-Dixie Stores, Inc. v. Freeland
  740 So. 2d 1260· Fla. 5th DCA· 1999-09-24 ·cited 3×
• Avatar Prop. & Cas. Ins. Co. v. Niulsurys Flores and Ernesto Valdes
  320 So. 3d 840· Fla. 2d DCA· 2021-04-16 ·cited 2×
  The appellate court granted a petition for writ of certiorari, quashing a lower court's order compelling an insurance company to produce documents. The court found these documents were protected by the work product privilege because the issue of coverage remained in dispute, desp
• Avatar Prop. & Cas. Ins. Co. v. Simmons
  298 So. 3d 1252· Fla. 5th DCA· 2020-06-11 ·cited 2×
  Avatar Property & Casualty Insurance Company sought certiorari relief from a discovery order requiring production of photographs from its claim and underwriting files. The court held that Avatar failed to establish work product privilege through specific articulation rather than
• Progressive Am. Ins. Co. v. Herzoff
  290 So. 3d 153· Fla. 2d DCA· 2020-02-07 ·cited 2×
  The appellate court granted Progressive's petition for a writ of certiorari, quashing a discovery order that compelled the production of a prior insurance claim file. The court held that the lower court erred by not properly considering the work product privilege, which can apply
• Young v. W. Publ'g Corp.
  724 F. Supp. 2d 1268· S.D. Fla.· 2010-07-20 ·cited 2×
  The court held that "legal research" constitutes a permissible use under the Driver's Privacy Protection Act (DPPA), and an authorized recipient of information does not need to independently establish a permissible use for its own activities.
• Regency of Palm Beach, Inc. v. QBE Ins.
  20 A.F.T.R. (P-H) 808· S.D. Fla.· 2009-06-04 ·cited 2×
  The court held that documents prepared in the ordinary course of business, not in anticipation of litigation, are discoverable and not protected by the work product doctrine.
• Wal-Mart Stores, Inc. v. Ballasso
  789 So. 2d 519· Fla. 1st DCA· 2001-07-17 ·cited 2×
  Walmart's petition for certiorari was granted in part; the court quashed the trial court's order compelling production of investigative files prepared in anticipation of litigation as work product, but denied the petition regarding a deposition.
• Barnett Bank OF Polk Cnty. v. Dottie-G Dev. Corp.
  645 So. 2d 573· Fla. 2d DCA· 1994-11-18 ·cited 2×
  The court held that documents prepared after a loan became delinquent and was transferred to a special assets department, including a specific report and subsequent documentation, were prepared in anticipation of litigation and thus protected by the work product privilege.
• ICI Explosives USA Inc. v. Venlin E. Douglas
  643 So. 2d 707· Fla. 4th DCA· 1994-10-19 ·cited 2×
  The court held that the trial court erred in compelling discovery of information protected by the work product doctrine.
• Onward Living Recovery Cmty., LLC v. Mormeneo
  319 So. 3d 115· Fla. 3d DCA· 2021-03-24 ·cited 1×
  Onward Living Recovery Community sought a writ of certiorari to quash a trial court order requiring production of a root cause analysis and incident report prepared following a death at the facility. The trial court had determined the reports were non-privileged business records
• Holladay v. Royal Caribbean Cruises, Ltd.
  2019 WL 4929915· S.D. Fla.· 2020-01-22 ·cited 1×
  The court held that the Celtic Engineering Draft Report is not protected by the work product doctrine because the defendant failed to meet its burden of proving it was prepared in anticipation of litigation, as it appears to have been created in the ordinary course of business.
• Martin v. Bally's Park Place Hotel & Casino & Occupational Safety & Health Review Comm'n
  983 F.2d 1252· 3d Cir.· 1993-01-06 ·cited 1×
  The court held that the work product doctrine applies to OSHA citations when used as a surrogate for subpoena enforcement, based on Fed.R.Civ.P. 81(a)(3).
• Horne v. K-Mart Corp.
  558 So. 2d 1079· Fla. 4th DCA· 1990-03-21 ·cited 1×
  Parents of a two-year-old who died from an accidental hanging sought to quash a discovery order compelling production of a videotape showing their expert's testing and analysis of the Venetian blind involved in the accident. The court granted the petition, holding that the videot
• Residences ORC LLC v. Allianz Global Risks US Ins. Co.
  S.D. Fla.· 2025-04-29
  The court held that the work product protection for Allianz's claims file began on the date it denied the claim, not earlier, because Allianz failed to rebut the presumption that litigation was not anticipated before denial. Communications with third-party consultants before the
• Morrill v. Lakeview Loan Servicing, LLC
  S.D. Fla.· 2025-03-27
  Bayview Asset Management's data breach investigations prepared by Mandiant and Protiviti were determined not to qualify as attorney work product because they were primarily regulatory compliance documents required by law, not litigation-driven materials, under proper application
• Palmi v. The First Liberty Ins. Corp.
  M.D. Fla.· 2024-11-12
  The court held that documents created before the date of anticipated litigation are discoverable, and that an amended privilege log is required for documents created after that date. The court also ordered production of information regarding specific third-party service providers
• Jones v. Burch
  M.D. Fla.· 2024-09-24
  The court held that dash cam videos are not protected by the work product doctrine and are discoverable, as they were created in the ordinary course of business and are relevant to the case.
• Willard v. Richardson
  M.D. Fla.· 2024-06-27
  Dash camera footage recorded during the ordinary course of business is not protected by the work product doctrine, even if preserved after litigation commenced.
• Vault Reciprocal Exch. v. Luria
  Fla. 3d DCA· 2024-03-06
  Documents created by an insurer after an insured tenders a claim for coverage constitute protected work product that cannot be compelled for production absent a showing of need and undue hardship by the party seeking discovery.
• Land v. Carnival Corp.
  S.D. Fla.· 2024-02-23
  The court held that passenger injury statements are not protected by the attorney work product privilege when the defendant fails to demonstrate with sufficient specificity that they were prepared in anticipation of litigation.
• Pauly v. Hartford Ins. Co. of the Midwest
  M.D. Fla.· 2024-01-30
  The court held that the insurer's work-product protection was triggered on October 12, 2022, when it denied coverage, entitling it to withhold documents created after that date.
• Giordano v. Carnival Corp.
  S.D. Fla.· 2023-10-23
  The court held that sanctions are not warranted because the plaintiff failed to demonstrate bad faith or prejudice regarding the preservation of video footage and the alteration of stairs.
• O'Neal v. Am. Shaman Franchise Sys., Inc.
  M.D. Fla.· 2023-07-12
  The court held that an email was discoverable because its inadvertent disclosure waived work-product protection and the opposing party injected the issue of the email's contents into the litigation.
• Archer W. - De Moya Joint Venture v. Ace Am. Ins. Co.
  S.D. Fla.· 2023-01-18
  The attorney-client privilege for insurers does not require anticipation of litigation and does not apply to general business advice or non-legal activities.
• TED & Stan's Towing Serv., Inc. v. Bulk Express Transp., Inc.
  Fla. 3d DCA· 2022-10-26
  The appellate court granted a petition for writ of certiorari, quashing a trial court's order compelling the production of an incident report. The court held that the report was protected by the work-product privilege and the plaintiff failed to demonstrate the required need and
• EFN W. Palm Motor Sales, LLC v. Hyundai Motor Am.
  S.D. Fla.· 2022-06-13
  The court held that the 15 communications withheld by the defendant were properly protected by either the attorney-client privilege or the work product doctrine, or both.
• Holzendorf v. Star Van Sys., Inc.
  M.D. Fla.· 2022-06-08
  The court held that the driver-facing dashcam video was not protected by the work product privilege because it was created in the ordinary course of business for employee surveillance and training, not primarily in anticipation of litigation.
• United States v. Sharfi
  S.D. Fla.· 2022-02-01
  The court held that photographs and videos withheld as work product were not discoverable because the plaintiff failed to demonstrate substantial need and undue hardship in obtaining their substantial equivalent by other means.
• Safepoint Ins. Co. v. Claimcap, LLC
  Fla. 4th DCA· 2021-10-20
  Safepoint Insurance Company petitioned for certiorari review of a county court order compelling discovery of its claims file in a breach of contract action brought by Claimcap, LLC over denied coverage for property repairs. The court denied the petition, with Justice Warner disse
• Havana Docks Corp. v. Carnival Corp.
  S.D. Fla.· 2021-07-13
  The court held that most of the emails at issue were not protected by the attorney-client privilege or work product doctrine because their primary purpose was business or lobbying, not legal advice or litigation preparation.
• Hemingway Villa Condo. Owners Ass'n Inc. v. Scottsdale Ins. Co.
  S.D. Fla.· 2021-06-22
  The court held that the defendant insurer reasonably anticipated litigation when the claim was filed, thus its documents were protected by the work product doctrine.
• Cape Christian Fellowship, Inc. v. Landmark Am. Ins. Co.
  M.D. Fla.· 2021-04-07
  The court held that an insurer's motion to quash subpoenas based on work-product privilege was denied because the report was disclosed to opposing counsel, waiving the privilege, and the insurer failed to demonstrate the report was prepared in anticipation of litigation. The cour
• Easterwood v. Carnival Corp.
  S.D. Fla.· 2020-11-18
  The court denied the motion for spoliation sanctions, finding that the defendant had no duty to preserve CCTV footage of a prior passenger's minor fall because litigation was not reasonably foreseeable at that time.
• Reed v. Royal Caribbean Cruises Ltd.
  S.D. Fla.· 2020-10-02
  The court held that the defendant did not fail to take reasonable steps to preserve CCTV footage and that there was no prejudice from the allegedly missing body camera footage, thus denying the motion for spoliation sanctions.
• Scotlynn USA Div., Inc. v. Titan Trans Corp.
  M.D. Fla.· 2020-06-11
  The court held that the defendant failed to meet its burden to establish work-product protection for documents created before the insurer's definitive denial of the claim, and ordered the production of those documents.
• Fed. Election Comm'n v. Rivera
  S.D. Fla.· 2020-06-08
  The court held that the two interview reports at issue are protected by the work product doctrine and, to a lesser extent, the law enforcement investigatory privilege, and are therefore not discoverable by the defendant.
• Noah's Wholesale, LLC v. Covington Specialty Ins. Co.
  S.D. Fla.· 2020-03-13
  The court held that an insurer anticipates litigation, triggering work product protection, when the insured retains counsel, not merely upon initial investigation or issuance of a reservation of rights letter.
• Holladay v. Royal Caribbean Cruises, Ltd.
  S.D. Fla.· 2019-10-07
  The court held that even if an engineering report might be considered work product, the plaintiff demonstrated substantial need and an inability to obtain equivalent evidence, thus compelling its production.
• Green Tree Servicing, LLC v. Jill-Capri Simms
  274 So. 3d 1187· Fla. 5th DCA· 2019-06-14
  The appellate court reversed a trial court's involuntary dismissal of a foreclosure action, finding that the trial court abused its discretion by excluding crucial business records. These records, if admitted, would have shown that the payment intended to cure the default was mad