Civil Litigation
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Progressive American Insurance Co. v. Lanier
26 Fla. L. Weekly D22837 (Fla. 1st DCA Nov. 30, 2001)
Certiorari was granted because the trial judge departed from the essential requirements of law by requiring production of attorney-client communications. Because erroneous production of these privileged documents cannot be remedied on appeal, and thus may result in a miscarriage of justice, the court granted certiorari. However, the court found that the blank statement in the privilege log pertaining to witness statements taken long before the Laniers threatened to file suit was insufficient to establish the work product privilege. Thus, there was no departure from the essential requirements of law in the trial court
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