CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 2006 WL 47460
...thern argues that the privilege is waived either because the issue of reasonableness has been injected by the plaintiffs into the case, or because the privileged communication is properly viewed as a communication necessary to an adverse party under section 90.510, Florida Statutes (2005)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 879409
...Both statutes allowed release of mental health records on a showing of good cause. Id. There is no comparable provision in the Evidence Code for invasion of the psychotherapist-patient privilege under a good cause standard. The defendant argues that disclosure is authorized in this case by section 90.510, Florida Statutes, which states: 90.510....
...t, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate. In making its determination, the court may engage in an in camera inquiry into the privilege. (Emphasis added). By its terms, section 90.510 does not apply....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...It also refused to turn over a portion of its attorneys' files on the grounds of attorney-client privilege. In response to Affiliated's actions, respondents filed a motion for an in camera inspection of documents. They asked the court, pursuant to section 90.510, Florida Statutes (1979), [1] to inspect the documents which Affiliated had withheld and to strike from Affiliated's amended answer to their complaint those defenses which the documents would rebut. The court held a hearing on the motion at which it ruled that section 90.510 was inapplicable since the Florida Evidence Code applies only to civil actions accruing after July 1, 1979, [2] and respondents' cause of action accrued before that time....
...policy of being able to consult an attorney or accountant without fear that the resultant communications may become public. We grant certiorari and quash the order for an in camera inspection. BOARDMAN, Acting C.J., and DANAHY, J., concur. NOTES [1] 90.510 Privileged communication necessary to adverse party....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14516, 2009 WL 3110102
...Instead, the discovery in dispute related to an affirmative defense. Further, even if the sword and shield doctrine were to apply in this case, the proper remedy would be to dismiss or strike petitioners' defenses and not to compel production of the very information claimed to be privileged. See § 90.510, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...In July of 1993, HRS moved to quash a subpoena for HRS records on the ground that the investigation of alleged child abuse of Rayna had been classified as unfounded, and that Cebrian precluded disclosure of all unfounded reports. The appellees then moved to dismiss the complaint, pursuant to section 90.510, Florida Statutes (1993), which states, in pertinent part: In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate....
...See Times Pub. Co.,
626 So.2d at 1316. Thus, the court erred in ordering its release to the appellees. [2] Having established that the Child Protection Team report was confidential and was exempt from disclosure, even from the courts and the parents, section
90.510 does not alter this result....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 615698, 2013 Fla. App. LEXIS 2609
...e, Chapter 682, Florida Statutes. The federal cases are considered "highly persuasive” because the Code is modeled after the FAA. RDC Golf of Fla. I, Inc. v. Apostolicas,
925 So.2d 1082, 1091 (Fla. 5th DCA 2006). . §
90.5055, Fla. Stat. (2010). . §
90.510, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 239, 45 Collier Bankr. Cas. 2d 1567, 2000 Bankr. LEXIS 1708, 2000 WL 33244257
...The Plaintiff further contends that the documents requested are the Debtors' corporate records, and that Keller therefore cannot decline to produce them on the basis of the "collective entity" theory. Finally, the Plaintiff asserts that the Court should strike Keller's answer and affirmative defenses pursuant to § 90.510 of the Florida Statutes because the requested communications are necessary to the Plaintiff....
...se are state law causes of action. According to Rule 501 of the Federal Rules of Evidence, therefore, the Plaintiff claims that state law governs the effect of Keller's invocation of his Fifth Amendment privilege. The Plaintiff further contends that § 90.510 of the Florida Statutes supplies the applicable rule in this case. That section provides: 90.510....
...An assertion of an affirmative defense by a defendant, however, does not constitute a request for affirmative relief sufficient to allow application of the principle. DeLisi,
436 So.2d at 1100. In fact, the "sword and shield" principle has been acknowledged in specific connection with §
90.510 of the Florida Statutes....
...In view of the authorities cited above, the Court determines that striking Keller's pleadings is not an appropriate remedy, since he is not the party seeing affirmative relief in the proceeding. The Plaintiff cited two cases in support of his Motion to Strike. Neither case refers to § 90.510 of the Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 14498
moved to dismiss the complaint, pursuant to section
90.510, Florida Statutes (1993), which states, in
