Florida Fourth DCA quashes trial court’s discovery order because of trial court’s failure to conduct in camera inspection of allegedly privileged documents

By Sands, White & Sands, PA

| July 17, 2019

On June 12, 2019, in American Airlines v. Cimino, No. 4D18-2485, the Florida Fourth DCA granted a defendant’s certiorari petition and quashed a trial court’s discovery order. The trial court determined that the defendant had waived attorney-client and work product privileges due to claims made in the defendant’s affirmative defenses. The Fourth DCA ruled that the trial court erred by not first conducting an in camera inspection of the allegedly privileged documents, citing its previous holding to the same effect in Alliant Insurance Services, Inc. v. Riemer Insurance, Group, 22 So. 3d 779 (Fla. 4th DCA 2009).

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