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Newman v. Hirst

District Court of Appeal of Florida, Fifth District.
Feb 16, 2018
236 So. 3d 506 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 5D17–2482

02-16-2018

David NEWMAN, Petitioner, v. Glenn HIRST and Werner Enterprises, Inc., Respondents.

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.


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' Boecher interrogatories. We find that the trial court departed from the essential 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.

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


Summaries of

Newman v. Hirst

District Court of Appeal of Florida, Fifth District.
Feb 16, 2018
236 So. 3d 506 (Fla. Dist. Ct. App. 2018)
Case details for

Newman v. Hirst

Case Details

Full title:David NEWMAN, Petitioner, v. Glenn HIRST and Werner Enterprises, Inc.…

Court:District Court of Appeal of Florida, Fifth District.

Date published: Feb 16, 2018

Citations

236 So. 3d 506 (Fla. Dist. Ct. App. 2018)