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Finn Law Group v. Orange Lake Country

Citation: Not availableDocket: 5D16-1591

Court: District Court of Appeal of Florida; December 11, 2016; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the petitioners, including law firms and individual attorneys, sought a writ of certiorari from the Florida District Court of Appeal to contest a trial court's order compelling them to respond to expansive discovery requests in a lawsuit filed by several resort and finance companies. The respondents alleged tortious interference and violations of the Florida Deceptive and Unfair Trade Practices Act. The trial court's order required the petitioners to produce documents across ten categories, which they argued were overly broad and infringed upon privileged communications. Upon review, the appellate court determined that the trial court's order represented a departure from essential legal requirements, causing irreparable harm that warranted certiorari intervention. The appellate court granted the petitioners' request in part, finding that certain categories of discovery requests sought information protected by attorney-client and work-product privileges. Specifically, the court protected categories Five, Seven, Eight, and Ten under attorney-client privilege, and categories Three and Four under work-product privilege. The respondents were allowed to submit more narrowly defined requests for non-privileged documents. However, the petition was denied regarding categories Six and Nine, as they did not involve privileged materials. Consequently, the case was remanded for further proceedings consistent with the appellate court's rulings, resulting in a mixed outcome for the parties involved.

Legal Issues Addressed

Attorney-Client Privilege Protection

Application: The court found that certain discovery requests sought documents protected by attorney-client privilege, justifying a partial grant of the petition.

Reasoning: The court granted the petition in part, specifically regarding categories Five, Seven, Eight, and Ten, which would typically be protected under attorney-client privilege.

Denial of Privilege Claims

Application: The court denied the petition concerning categories Six and Nine as they did not involve privileged information.

Reasoning: However, the petition was denied for categories Six and Nine, which did not seek privileged documents.

Scope of Discovery and Privilege

Application: Discovery requests must be narrowly tailored to exclude privileged information; the court allowed Respondents to amend their requests accordingly.

Reasoning: The Respondents were permitted to file more narrowly tailored requests for non-privileged documents.

Work-Product Privilege

Application: The appellate court recognized the applicability of work-product privilege to specific discovery requests, leading to a partial grant of the petition.

Reasoning: The court also granted the petition for categories Three and Four, which related to work-product privilege.

Writ of Certiorari and Appellate Review

Application: The appellate court reviewed the trial court's order under certiorari, evaluating whether there was a departure from the essential requirements of law causing irreparable harm.

Reasoning: The appellate court determined that the trial court's order constituted a departure from the essential requirements of law, causing material injury that could not be remedied on direct appeal.