Florida/Georgia Personal Injury & Workers Compensation

...ds, Inc. v. Fernandez, 741 F.2d 355, 360-61 (11th Cir.1984). First, Jones’ en banc brief argues that D’Oench should not apply because New Freedom disclosed confidential information to Jones’ potential buyers, in apparent violation of Fla.Stat. § 655.059....

...orily protected. Under the chapter governing financial institutions, all books and records pertaining to investors' accounts must be kept confidential by the investment company unless the investors expressly authorize the release of the information. § 655.059(2)(b), Fla....

...(1995)(defining "financial institutions" as investment companies). Here, the Eisens, having already been furnished the names of the nonparty clients involved in the contested block trades, seek production of the addresses to match to the nonparty clients' names. Because section 655.059(2)(b) requires an investment company to first secure its clients' permission before releasing any information about them or their accounts, only the nonparty clients may waive their confidentiality protections. § 655.059(2)(b). In this case, the nonparty clients, the holders of the confidentiality privilege under section 655.059(2)(b), did not and have not given their express authorization to Berkeley, and neither have they waived their statutory privilege by their conduct....

...§ 90.507, Fla. Stat. (1995)(stating that the holder of privileged information waives confidentiality protections by voluntarily disclosing it). Moreover, while the mere release of names and addresses without authorization might not always run afoul of section 655.059(2)(b), it does in this case because the names and addresses sought are already linked to specific account information, i.e., the contested block trade....

...Further, by now releasing the nonparty clients' addresses to match to their names, Berkeley would again be disclosing confidential investment account information without express authorization and as a result, would be violating the confidentiality protections of section 655.059(2)(b). The majority opinion notes that neither party has raised the issue of the nonparty clients' confidentiality privilege under section 655.059(2)(b)....

...holder of the statutory privilege. Because neither party has any motivation to call this Court's attention to a statutory provision that provides the nonparty clients with confidentiality protections, I believe it is proper for this Court to address section 655.059(2)(b) despite both parties' failure to raise this issue....

...1250, 111 S.Ct. 2888, 115 L.Ed.2d 1054 (1991). In my view, the nonparty clients in this case have a reasonable expectation of privacy regarding their names, addresses, and involvement in a specific investment. Obviously, the Legislature agrees because it passed section 655.059(2)(b), protecting privacy regarding information held by a financial institution....

...4th DCA 1993) (holding that consumers who affirmatively contacted manufacturer to complain about product acted inconsistently with any reasonable expectation of privacy). The Eisens have already received some of the information they seek—despite the protections of section 655.059(2)(b) and the reasonable expectation of privacy—and they admit that all of the additional information requested could be otherwise obtained through search services and private investigators....

...s. Colonial Med. Specialties v. United Diagnostic Labs., Inc., 674 So.2d 923 (Fla. 4th DCA 1996); Haywood v. Samai, 624 So.2d 1154 (Fla. 4th DCA 1993). In sum, I conclude that the nonparty clients' names and addresses are protected from discovery by section 655.059(2)(b) and furthermore, they have a reasonable expectation of privacy concerning this information. In my opinion, both of these reasons justify granting the petition for writ of certiorari and quashing the order compelling the production of the addresses of the nonparty clients. NOTES [1] Subsection 655.059(2)(b), Florida Statutes (1995), provides that financial institutions shall keep all books and records pertaining to "the deposit accounts and loans of depositors, borrowers, members, and stockholders" confidential unless the account holder expressly authorizes the release of the information....

...(2011) (providing that it is a second degree misdemeanor for anyone “who willfully refuses to permit an inspection authorized by a warrant issued ... ”)• Similarly, Florida law requires a bank to disclose the account information of its customer when compelled by a court of competent jurisdiction. See § 655.059(l)(e), Fla....

...Indeed, as discussed above, Chase complied with Florida statutes requiring it to disclose Plaintiffs’ account information to the Task Force upon receiving the Search Warrant, and therefore Chase did not commit any crime. See, e.g., § 933.15, Fla. Stat.; § 933.27, Fla. Stat. and; § 655.059, Fla....

...en. Request number six asks for the following: 6. All account statements for the account(s) from which the shares at issue were transferred. Banc of America objected to number six on grounds that the documents requested were confidential pursuant to section 655.059(2)(b), Florida Statutes (2007)....

...Banc of America sought authorization to release the information requested from its depositor, Mr. Day, a non-party whose account was affected by the transfer. When Mr. Day denied authorization, Banc of America objected, once again, to the production of the account statements on grounds of privilege pursuant to section 655.059(2)(b)....

...Doe, 964 So.2d 713 (Fla. 3d DCA 2007), cert. denied, 980 So.2d 488 (Fla. 2008). The court below departed from the essential requirements of law when it ordered production of documents concerning transactions in Mr. Day's account that are privileged pursuant to section 655.059(2)(b), resulting in a harmful invasion of privacy rights which cannot be remedied on appeal. See Winfield v. Div. of Pari-Mutuel Wagering, 477 So.2d 544, 548 (Fla.1985) (recognizing "an individual's legitimate right of privacy in financial institution records" pursuant to the Florida Constitution). Section 655.059(2)(b) deems confidential books and records of deposit accounts at any financial institution and further states that such documents "shall not be released except upon express authorization of the account holder." Moreover, production o...

...d in the lawsuit before us and is not reasonably calculated to lead *1158 to the discovery of admissible evidence. For the above reasons, we grant the petition for writ of certiorari. Petition for writ of certiorari granted, order quashed. NOTES [1] 655.059 Access to books and records; confidentiality; penalty for disclosure.— ....

...in to investing in the Fund; d. Whether the Bank shared confidential information with the other Defendant entities concerning Bank customers without the written consent or knowledge of the customer and whether such practice violated Florida Statutes § 655.059; e....

...relating to or depicting the deposit of the check; (ii) all transactions related to the check; and (iii) all unprivileged communications between BOA and anyone else related to the check. BOA filed an objection to Foster’s production request, citing section 655.059(1)(e) of the Florida Statutes, which requires a financial institution to keep all of its books and records confidential unless otherwise compelled by a court of competent jurisdiction....

...funds that might be due to him as trustee. We note that BOA’s objection to Foster’s production request was reasonable and necessary. After all, not only does the subject statute require financial institutions to keep its books and records confidential, but section 655.059(2)(c) of the Florida Statutes actually makes it a felony for any person wrongfully to disclose such confidential information....

...e. 160) filed on February 13, 2014. The Plaintiffs filed a Notice of Supplemental Information Regarding Their Pending Motion to Compel (Doc. 174) attaching an Authorization for Release of Bank Information, Waiver of Protections Under Florida Statute § 655.059, and Request for Books and Records Under Florida Statute § 655.059(2)(A) signed by Angelika Neumeier-Fuchs (“Fuchs”)....

...depositions regarding Fuchs’ accounts and activities, and direct Wells Fargo in the future not to instruct witnesses not to answer questions based on customer confidentiality. When the depositions occurred, Wells Fargo properly invoked Fla. Stat. § 655.059 to protect Fuchs’ and other non-parties’ confidential banking information....

...*669 3) The Motion to Compel is DENIED in all other respects. The Court will not award sanctions or fees. . With the filing of the Authorization for Release of Bank Information, Wells Fargo did not confinue to assert that the information was privileged pursuant to Fla. Stat. § 655.059 ....

....83. (Docs. 4 & 9.) Plaintiff then served its First Request for Production on Garnishee, which seeks various records regarding Defendant’s accounts. (See Doc. 15.) Garnishee objected to producing the subject documents, stating that pursuant to section 655.059, Florida Statutes, it could not produce the documents without a court order because Defendant objected to the production of the documents. (See id.) Plaintiff now seeks an order compelling Garnishee to produce all documents responsive to Plaintiffs First Request for Production. Section 655.059(2)(b), Florida Statutes, states in relevant part: The books and records pertaining to the deposit accounts and loans of depositors, borrowers, members, and stockholders of any financial institution shall be kept confidential by the financial institution and its directors, officers, and employees and shall not be released except upon express authorization of the account holder as to her or his own accounts, loans, or voting rights. However, “[sjection 655.059(2)(b) permits disclosure of nonpublic records in accordance with 15 U.S.C....