sword and shield doctrine (Florida) · Go Syfert
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sword and shield doctrine in Florida

5 Florida opinions name it 1 courts 1989–2019 0 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 (7)

CaseFollowedCited
DeLisi v. Bankers Ins. Co.green
fladistctapp · 1983 · cited in 2 Florida opinions naming this issue, 1989–2019
2 sentences

2019Co., 436 So. 2d 1099, 1100 (Fla. 4th DCA 1983) (quoting City of St.

1989In DeLisi v. Bankers Insurance Co., noting the distinction between the sword and shield doctrine per se and the privilege against self-incrimination, this court adopted the rationale of a case from the Second District Court of Appeal, Delisi v. Smith, 423 So.2d 934, 935 (Fla. 2d DCA 1982), pet. for rev. denied, 434 So.2d 887 (Fla.1983), that, “when a trial court is presented with such a contention, it must exercise its discretion and determine whether it is reasonably possible that answers to either interrogatories or deposition questions could evoke a response ‘forming a link in a chain of ev

12
Village Inn Restaurant v. Aridigreen
fladistctapp · 1989 · cited in 2 Florida opinions naming this issue, 1998–2019
2 sentences

2019Cf. Binger v. King Pest Control, 401 So. 2d 1310, 1313-14 (Fla. 1981) (explaining that the trial court has discretion to exclude evidence that is not timely disclosed during discovery if the resulting prejudice to the opposing party cannot otherwise be cured); Village Inn Restaurant v. Aridi, 543 So. 2d 778, 782 (Fla. 1st DCA 1989) (explaining that sanctions short of dismissal may be imposed under the sword and shield doctrine).

1998In a more recent case, Village Inn Restaurant v. Aridi, 543 So.2d 778 (Fla. 1st DCA 1989), the first district has concluded that the sword and shield doctrine under Minor should not be read to require a dismissal every time a civil plaintiff invokes the Fifth Amendment privilege.

12
Binger v. King Pest Controlgreen
fla · 1981 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Cf. Binger v. King Pest Control, 401 So. 2d 1310, 1313-14 (Fla. 1981) (explaining that the trial court has discretion to exclude evidence that is not timely disclosed during discovery if the resulting prejudice to the opposing party cannot otherwise be cured); Village Inn Restaurant v. Aridi, 543 So. 2d 778, 782 (Fla. 1st DCA 1989) (explaining that sanctions short of dismissal may be imposed under the sword and shield doctrine).

11
Jenney v. Airdata Wiman, Inc.green
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Upjohn Co. v. United States, 449 U.S. 383, 395 (1981) ("The privilege only protects disclosure of communications; it does not protect disclosure of the underlying facts by those who communicated with the attorney."); see also Jenney, 846 So. 2d at 668 ("[B]ecause Jenney's claim does not necessarily require proof through his conversations -7- with his attorney, the sword and shield doctrine does not apply to waive his attorney- client privilege.").3 By finding a waiver, the trial court implicitly concluded that the underlying communications were, in fact, privileged.

11
Upjohn Co. v. United Statesgreen
scotus · 1981 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Upjohn Co. v. United States, 449 U.S. 383, 395 (1981) ("The privilege only protects disclosure of communications; it does not protect disclosure of the underlying facts by those who communicated with the attorney."); see also Jenney, 846 So. 2d at 668 ("[B]ecause Jenney's claim does not necessarily require proof through his conversations -7- with his attorney, the sword and shield doctrine does not apply to waive his attorney- client privilege.").3 By finding a waiver, the trial court implicitly concluded that the underlying communications were, in fact, privileged.

11
Savino v. Lucianogreen
fla · 1957 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003Savino v. Luciano, 92 So.2d 817, 819 (Fla.1957).

11
Delisi v. Smithgreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1989–1989
1 sentence

1989In DeLisi v. Bankers Insurance Co., noting the distinction between the sword and shield doctrine per se and the privilege against self-incrimination, this court adopted the rationale of a case from the Second District Court of Appeal, Delisi v. Smith, 423 So.2d 934, 935 (Fla. 2d DCA 1982), pet. for rev. denied, 434 So.2d 887 (Fla.1983), that, “when a trial court is presented with such a contention, it must exercise its discretion and determine whether it is reasonably possible that answers to either interrogatories or deposition questions could evoke a response ‘forming a link in a chain of ev

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 (4)

CaseCitedYears
Long v. Murphy green
fladistctapp · 1995
2 sentences

2003Cf. Long v. Murphy, 663 So.2d 1370 (Fla. 5th DCA 1995) (rejecting application of the sword and shield doctrine to waive attorney-client privilege because the plaintiff could rely on his own testimony and cross-examination of the defendants to prove his case and thus had no need to use privileged communications with his attorneys to establish his claims).

2003Cf. Long v. Murphy, 663 So.2d 1370 (Fla. 5th DCA 1995) (rejecting application of the sword and shield doctrine to waive attorney-client privilege because the plaintiff could rely on his own testimony and cross-examination of the defendants to prove his case and thus had no need to use privileged communications with his attorneys to establish his claims).

12003–2003
Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting System green
ca5 · 1980
1 sentence

1998In reaching its conclusion the court relied to a great extent on Wehling v. Columbia Broadcasting System, 608 F.2d 1084 (5th Cir.1979).

11998–1998
Stockham v. Stockham green
fla · 1964
1 sentence

1989Our reading of the DeLisi v. Bankers Insurance Co., in conjunction with American Air Transport, Inc. v. Seafirst Commercial Corp., 452 So.2d 1037 (Fla. 4th DCA 1984) and Stockham v. Stockham, 168 So.2d 320 (Fla.1964), indicates that the sword and shield test is not whether the party raising the privilege is a defendant or a plaintiff, as the wife argues, but whether the person is seeking affirmative relief, no matter what his designation as a party.

11989–1989
American Air Transport, Inc. v. Seafirst Commercial Corp. neutral
fladistctapp · 1984
1 sentence

1989Our reading of the DeLisi v. Bankers Insurance Co., in conjunction with American Air Transport, Inc. v. Seafirst Commercial Corp., 452 So.2d 1037 (Fla. 4th DCA 1984) and Stockham v. Stockham, 168 So.2d 320 (Fla.1964), indicates that the sword and shield test is not whether the party raising the privilege is a defendant or a plaintiff, as the wife argues, but whether the person is seeking affirmative relief, no matter what his designation as a party.

11989–1989

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