holder privilege (Florida) · Go Syfert
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holder privilege in Florida

12 Florida opinions name it 2 courts 1994–2024 3 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Willis Shaw Express, Inc. v. Hilyer Sod, Inc.green
fla · 2003 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024One only need substitute the holder of a claim for damages—a survivor—in place of party and 1 "Section 768.79 is implemented by Florida Rule of Civil Procedure 1.442 ('Proposals for Settlement')." Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003).

11
Hunt v. Blackburngreen
· 1888 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022See Hunt v. Blackburn, 128 U.S. 464, 470 (1888); Neu v. Miami Herald Publ’g.

11
McDonald's Restaurants of Florida, Inc. v. Doegreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020See § 90.506 ("When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require." (emphasis added)); see also Cassidy, 129 So. 3d at 505-06 ; McDonald's Rests. of Fla. v. Doe, 87 So. 3d 791, 794 (Fla. 2d DCA 2012); Summitbridge, 67 So. 3d at 449 ; Ameritrust Ins.

11
Bright House Networks, LLC v. Cassidygreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020See § 90.506 ("When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require." (emphasis added)); see also Cassidy, 129 So. 3d at 505-06 ; McDonald's Rests. of Fla. v. Doe, 87 So. 3d 791, 794 (Fla. 2d DCA 2012); Summitbridge, 67 So. 3d at 449 ; Ameritrust Ins.

11
Sedgwick Claims Management Services, Inc. v. Fellergreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020Servs., Inc. v. Feller, 163 So. 3d 1252, 1254 (Fla. 5th DCA 2015) ("The client is the holder of the privilege and is the only person who may waive it." (quoting Charles W.

11
Hamilton v. Hamilton Steel Corp.green
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015The more important point is that the [appellant] had already waived the privilege as a matter of law by making the assertion that her counsel had settled the case without authority._ Writing about this circumstance, the late Judge Letts said, “No court should countenance an announced settlement between counsel foEowed by escape therefrom, if one side arbitrarily reneges and then seals’ his counsel’s lips by invoking the attorney-client privilege.” Hamilton v. Hamilton Steel Corp., 409 So.2d 1111, 1114 (Fla. 4th DCA 1982).

11
Bolin v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Bolin v. State, 650 So.2d 21, 24 (Fla.1995) ( Bolin II ); § 90.507, Fla. Stat. (1995).

11
Becker Metals Corp. v. West Florida Scrap Metalsgreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Becker Metals Corp. v. West Florida Scrap Metals, 407 So.2d 380, 382 (Fla. 1st DCA 1981)(even when fraud is alleged and disclosure of trade secrets is necessary, the court is required to "take protective measures to: (1) protect the interests of the holder of the privilege; (2) protect the interests of the parties; and (3) further the interests of justice.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Sea Coast Fire v. Triangle Fire green
fladistctapp · 2014
2 sentences

2022"When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require." Id. (quoting section 90.506, Florida Statutes).

2020Corp., 899 So. 2d at 1207 ; Sea Coast Fire, Inc., 170 So. 3d at 809 .

22020–2022
Ameritrust Ins. v. O'Donnell Landscapes green
fladistctapp · 2005
1 sentence

2020Corp., 899 So. 2d at 1207 ; Sea Coast Fire, Inc., 170 So. 3d at 809 .

12020–2020
Summitbridge National Investments LLC v. 1221 Palm Harbor, L.L.C. green
fladistctapp · 2011
1 sentence

2020See § 90.506 ("When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require." (emphasis added)); see also Cassidy, 129 So. 3d at 505-06 ; McDonald's Rests. of Fla. v. Doe, 87 So. 3d 791, 794 (Fla. 2d DCA 2012); Summitbridge, 67 So. 3d at 449 ; Ameritrust Ins.

12020–2020
Boyd v. State green
fladistctapp · 2009
1 sentence

2015Id. at 817 .

12015–2015
The Florida Bar v. Jackson green
fla · 1986
2 sentences

2010Honesty of intention, and freedom from knowledge of circumstances which ought to put the holder on inquiry.... [It] de-scribefs] that state of mind denoting honesty of purpose ... and, generally speaking means being faithful to one’s duty or obligation.” The Fla. Bar v. Jackson, 494 So.2d 206 (Fla.1986) (quoting Black’s Law Dictionary 628-24 (5th ed. 1979)).

2010Honesty of intention, and freedom from knowledge of circumstances which ought to put the holder on inquiry.... [It] describe[s] that state of mind denoting honesty of purpose ... and, generally speaking means being faithful to one's duty or obligation." The Fla. Bar v. Jackson, 494 So.2d 206 (Fla.1986) (quoting BLACK'S LAW DICTIONARY 623-24 (5th ed. 1979)).

12010–2010
Holder v. Keller Kitchen Cabinets green
fla · 1992
1 sentence

1994In Holder III, the Florida Supreme Court, answering a question certified by this court, held that under the unique facts presented, section 440.19(l)(a), Florida Statutes, rather than section 440.28, governed Holder’s claim for temporary disability during knee replacement surgery and the impairment resulting therefrom, despite the fact that under an earlier order maximum medical improvement had been determined, and permanent disability compensation had been awarded and paid. 610 So.2d at 1265 .

11994–1994
Travelers Indem. Co. v. Salido neutral
fladistctapp · 1978
1 sentence

1994The privilege may be claimed by the person or his agent or employee." Id.

11994–1994
Keller Kitchen Cabinets v. Holder neutral
fladistctapp · 1981
1 sentence

1994The “unique facts” of Holder III included the fact that under the prior compensation order, the judge- of compensation claims (JCC) had ruled that “if in the future appel-lee should require a total knee replacement, this would be solely for relief of symptoms resulting from the compensable accident.” However, the Supreme Court noted this language was stricken from the order by this court on appeal in Keller Kitchen Cabinets v. Holder, 397 So.2d 434 (Fla. 1st DCA 1981) {Holder I), although the order was otherwise affirmed.

11994–1994

Statutes the citing opinions construe

FL § 90.506 (3) FL § 90.507 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 157 (1906–2025) IL 41 (1919–2024) TX 37 (1878–2025) NJ 30 (1895–2021) ID 26 (1909–2020) CO 22 (1963–2026) PA 17 (1924–2025) LA 16 (1845–2025) OH 15 (1907–2024) AL 13 (1876–2014) MA 13 (1900–2020) NY 12 (1862–2016) NM 12 (1999–2018) FL 12 (1994–2024) KS 11 (1878–2020) AZ 11 (1968–2023) CT 10 (1992–2022) WA 7 (1915–2019) OR 7 (1961–2021) MD 7 (1904–2026) SD 7 (1927–2016) NC 6 (1905–2022) GA 6 (1915–2019) MS 6 (1877–2017) IN 5 (1877–2012) DE 5 (2016–2022) NV 4 (2015–2022) MO 4 (1904–1992) ME 4 (2010–2020) NE 4 (1934–2018) MT 4 (1940–2020) IA 4 (1930–2010) MN 4 (1919–2006) MI 4 (1989–2015) VA 3 (1987–2022) UT 3 (1914–2011) KY 3 (1952–2003) WI 3 (1995–2014) AK 3 (2012–2023) NH 3 (2006–2011) HI 2 (2003–2005) OK 2 (1917–1940) VT 2 (2005–2005) SC 2 (1900–1975)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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