Toledo v. Publix Supermarkets Inc., 35 Fla. L. Wkly D747 (Fla. 4th DCA March 31, 2010)

In this slip and fall case before the 4th DCA on a writ of certiorari, the 4th DCA overturned trial courts Order compelling the Plaintiff’s attorney from a previous lawsuit to produce his entire case file for an in camera inspection.  The 4th DCA found that, per Rule 1.280(b)(1), Fla. R. Civ. Pro., inspection of the attorney client privileged docs was improper without establishing through other discovery that privileged docs sought were (1) relevant and (2) could not be obtained through other means.

Toledo v. Publix Supermarkets Inc., 35 Fla. L. Wkly D747 (Fla. 4th DCA March 31, 2010)