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Tomkins Industries, Inc. v. Warren Technology, Inc.

Citations: 768 So. 2d 1125; 2000 Fla. App. LEXIS 10328; 2000 WL 1153249Docket: 3D00-1774

Court: District Court of Appeal of Florida; August 16, 2000; Florida; State Appellate Court

Narrative Opinion Summary

In this case, Tomkins Industries, Inc. petitioned for a writ of certiorari to overturn a trial court's decision that supported Warren Technology, Inc.'s objection to a special master's report. The central issue was whether a draft letter with handwritten notes between Tomkins and its corporate counsel was protected by attorney-client privilege. The court determined that the communication was indeed privileged, applying the criteria from Southern Bell Tel. Tel. v. Deason, as it was intended for legal advice in anticipation of litigation due to a contentious relationship with Warren. Warren's assertion that the privilege was void under the crime or fraud exception was dismissed due to lack of evidence. The court clarified that the privilege is not negated by merely obnoxious behavior, as no criminal or fraudulent conduct was demonstrated. Consequently, the court granted Tomkins' petition, quashed the lower court's order, and instructed the adoption of the special master's report, upholding the protection of attorney-client communications in this context.

Legal Issues Addressed

Attorney-Client Privilege under Southern Bell Tel. Tel. v. Deason

Application: The court applied the criteria from Southern Bell Tel. Tel. v. Deason to determine that the draft letter was protected by attorney-client privilege, as it was intended for legal advice in anticipation of litigation.

Reasoning: The court affirmed that the communication met the criteria established in Southern Bell Tel. Tel. v. Deason, demonstrating that it was intended for legal advice in anticipation of litigation due to a contentious relationship with Warren.

Crime or Fraud Exception to Attorney-Client Privilege

Application: The court found that the crime or fraud exception to the attorney-client privilege did not apply because Warren failed to provide sufficient evidence of fraud.

Reasoning: Warren's argument that the privilege was negated by the crime or fraud exception was rejected, as they failed to provide adequate evidence to substantiate claims of fraud.

Quashing Lower Court Orders for Violation of Legal Principles

Application: The appellate court quashed the trial court's order because it violated established legal principles by not recognizing the attorney-client privilege.

Reasoning: Conclusively, the court held that the trial court's order violated established legal principles, thus granting the writ, quashing the order, and instructing the adoption of the special master's report.