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Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature because no privilege log had yet been produced to the trial court

On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee. The certiorari petition sought review of a trial court order ordering the production of documents by the plaintiff which the plaintiff claimed were protected by the work product doctrine or attorney-client privilege. The Second DCA concluded that the certiorari petition was premature because the plaintiff had not yet produced a privilege log as requested by the trial court, citing Dade Truss Co. Inc. v. Beaty, 271 So. 3d 59, 65 (Fla. 3d DCA 2019). The Second DCA noted that once a trial court determines that information is "otherwise discoverable," the party objecting to its disclosure based on the attorney-client privilege or the work product doctrine must file a privilege log noting which documents are privileged, citing in support Gosman v. Luzinski, 937 So. 2d 293, 296 (Fla. 4th DCA 2006) and Fla. R. Civ. P. 1.280(b)(6).

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