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).
