Newman v. Hirst

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DAVID NEWMAN,

Petitioner, v. Case No. 5D17-2482

GLENN HIRST and WERNER ENTERPRISES, INC.,

Respondents. _________________________________________/ Opinion filed February 16, 2018

Petition for Certiorari Review of Order from the Circuit Court for Orange County, Keith F. White, Judge.

Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, for Petitioner.

Brian D. Stokes and Brandon M. Smith, of Alvarez, Winthrop, Thompson & Storey, P.A., Orlando, for Respondents.

WALLIS, J.

David Newman petitions this court for a writ of certiorari, seeking to quash the trial court's order finding that he expressly waived all privilege objections to the respondents' Boecher¹ interrogatories. We find that the trial court departed from the essential *2 requirements of the law by determining that Newman's agreement to "answer" discovery requests constituted an express waiver of all privileges. See Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006); Liberty Mut. Ins. v. Lease Am., Inc., 735 So. 2d 560, 561–62 (Fla. 4th DCA 1999). We grant the petition, quash the order, and remand to the trial court for further proceedings.

PETITION GRANTED.

PALMER and EDWARDS, JJ., concur.

Footnotes

[1] Allstate Ins. v. Boecher, 733 So. 2d 993 (Fla. 1999).