Opinion
No. 91-2958.
July 1, 1992. Rehearing and Clarification Denied October 1, 1992.
Petition for writ of certiorari to the Circuit Court for Broward County; Estella M. Moriarty, Judge.
Christopher C. Skambis and Keith J. Hesse of Foley Lardner, Orlando, for petitioner.
John H. Pelzer of Ruden, Barnett, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale, for respondents.
This matter is before the court upon petitioner's claim that the trial court erred in ordering disclosure of matters that are protected by the attorney-client and work product privileges. We agree in part.
As to the materials covered by the order described by the parties as order number 1, we find no error by the trial court in finding that there was a waiver of any privilege by reason of petitioner's pleading alleging that the respondent had knowingly concealed certain facts.
As to orders number 2 and 3, we believe the trial court erred in requiring discovery of materials that are privileged and no exceptions to privilege have been demonstrated.
ANSTEAD, LETTS and POLEN, JJ., concur.