Florida/Georgia Personal Injury & Workers Compensation

...tween the spouses while they were husband and wife. (2) The privilege may be claimed by either spouse.... Even if the marital privilege exists, there are limitations on the privilege, and in certain situations the privilege may be waived. See, e.g., § 90.507, Fla....

...were taped or overheard by third parties. As a general rule, when third party eavesdroppers hear otherwise privileged communications, the communications are not privileged unless the communicating parties had a reasonable expectation of privacy. See § 90.507 Fla....

...NOTES [1] The Insurance Company suggests a "ratification" of the settlement, but that was not the reasoning of the trial judge and the issue is not here considered. [2] After several false starts an effective date of July 1, 1979 was adopted. See In re Florida Evidence Code, 376 So.2d 1161 (Fla. 1979). [3] F.S.A. § 90.507; 5 Erhardt's Florida Practice, Florida Evidence § 507.1 (1977).

...cation when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication. *524 § 90.507, Fla....

...reconsideration, applying the standard announced in Goodwin v. State, 751 So.2d 537 (Fla.1999). However, there is no need to reach the question of harmless error. Therefore, I, too, would affirm the district court on the basis of waiver pursuant to section 90.507, Florida Statutes (1993), as opined by Judge Green....

...We have said that the holder of the spousal privilege may waive the privilege. See Bolin v. State, 650 So.2d 19, 21 (Fla.1995) ( Bolin I ). A waiver occurs where the holder of the privilege consents to the disclosure of the protected communication. See Bolin v. State, 650 So.2d 21, 24 (Fla.1995) ( Bolin II ); § 90.507, Fla....

...In this case, the nonparty clients, the holders of the confidentiality privilege under section 655.059(2)(b), did not and have not given their express authorization to Berkeley, and neither have they waived their statutory privilege by their conduct. Cf. § 90.507, Fla....

...Giffen could conceivably be a waiver of Eastern's attorney-client privilege. Second, even if this answer could be construed as an invitation to ask Fran Anania about matters protected by the attorney-client privilege, waiver does not occur until there has been an actual disclosure of the confidential communication. § 90.507, Fla....

...onstitutes purposeful waiver of privilege); Hamilton v. Hamilton Steel Corp., 409 So.2d 1111 (Fla. 4th DCA 1982)(privilege waived when counsel for codefendants announced settlement in court once clients dispute terms of settlement among themselves). Section 90.507, Florida Statutes (1995), codifies this precept by specifying that voluntary disclosure by the holder of the privilege will waive the privilege....

...der of the privileged consultation or consultations about the same subject." 60 F.R.D. at 186. "Similarly, if a party-client introduces part of his correspondence with his attorney, the production of all of the correspondence could be demanded." Id. Section 90.507, Florida Statutes (2002), addresses waiver of a privileged communication as follows: A person who has a privilege against disclosure of a confidential matter or communication waives the privilege if the person, or the person's predeces...

...before there was an actual disclosure of the information for which he claims the privilege. See Truly Nolen Exterminating, Inc. v. Thomasson, 554 So.2d 5 (Fla. 3d DCA 1989), rev. dismissed, 558 So.2d 20 (Fla. 1990). The waiver provision contained in section 90.507, Florida Statutes (1991) [2] does not apply to the instant case because Andrews has neither voluntarily disclosed nor consented to the disclosure of any significant part of the matter or communication for which he claims the privilege....

...ion of the patient in any proceeding in which he relied upon the condition as an element of his claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of his claim or defense. [2] Section 90.507 provides: 90.507 Waiver of privilege by voluntary disclosure A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if he, or his predecessor while holder of the privilege, voluntarily discloses or ma...

...communications which were intended to be made in confidence between the spouses while they were husband and wife. (2) The privilege may be claimed by either spouse. .. . The state contends that the privilege had been waived by appellant pursuant to section 90.507, Florida Statutes, which states: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if he, or his predecessor while holder of the privilege, voluntarily discloses or makes...

...t fall within the exception to confidentiality for a communication which is intended [when made] by the client to be disclosed to third persons other than those necessary to render legal services or to transmit such communication. §§ 90.502(1)(c), 90.507, Fla....

..., in the interest of fairness. [4] We note also that the diligent attempts of appellant's trial counsel to invoke the privilege on behalf of his client, after the statement was made, could not suffice in the face of his client's previous waiver. See § 90.507, Fla....

...rrender and the results thereof. [2] The trial court may have concluded otherwise in its pre-trial ruling. However, this issue is not dispositive, since we view the controlling question to be that of appellant's waiver of the privilege at trial. [3] Section 90.507, Florida Statutes (1981), provides, in pertinent part, as follows: 90.507 Waiver of privilege by voluntary disclosure....

...n and stated: According to [the Fourth District Court of Appeal] in Florida "[i]t is black letter law that once the privilege is waived, and the *1039 horse is out of the barn, it cannot be reinvoked." Id. at 1114 (citing Florida Statutes Annotated, section 90.507 and 5 Ehrhardt's Florida Practice, Florida Evidence § 507.1 (1977))....

...After failing to achieve a favorable outcome from the Court's application of federal law, Defendant Cutter then filed a motion for rehearing alleging that Florida law, rather than federal law, should have been applied. However, application of Florida law does not compel a different result. Florida Statutes, Section 90.507 provides: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if he ......

...Hamilton Steel Corp., 409 So.2d 1111 (Fla. 4th DCA 1982). According to that court, in Florida "(i)t is black letter law that once the privilege is waived, and the horse is out of the barn, it cannot be reinvoked." Hamilton, 409 So.2d at 1114, citing Florida Statutes Annotated, section 90.507 and 5 Erhardt's Florida Practice, Florida Evidence § 507.1 (1977)....

...ceedings, or when there is a court-ordered mental examination, or when the patient herself raises the issue of her mental condition in litigation. [3] The Evidence *904 Code also provides that the privilege may be waived by voluntary disclosure. Id. § 90.507....

...ve the spousal privilege. See id. In Bolin I, we stated that although Bolin's taking of Coby's deposition did not waive the spousal privilege, Bolin's letter to Captain Terry could potentially constitute a waiver of the spousal privilege pursuant to section 90.507, Florida Statutes (1993)....

...mand the trial court determines from the circumstances in which the letter was sent5 and from the content of the letter itself that the letter constituted a voluntary consent to such disclosure, then the marital privilege would be waived pursuant to section 90.507....

...letter. In Bolin I, we refined the waiver issue by our holding: "[I]f a person volunteers that his or her spouse may be questioned about his or her involvement in an event or events, this may equate to consent which constitutes a waiver pursuant to section 90.507, Florida Statutes (1993)." Id....

...Paul's motion for protective order neither mentioned the Hannah letters nor raised any specific objection to producing them such as attorney-client privilege or work product. Since St. Paul did not assert these privileges before producing the letters, once St. Paul produced the letters, the privileges were waived. See § 90.507, Fla....

...State, 793 So.2d 894, 896 (Fla.2001) ("If... the trial court determines from the circumstances in which the letter was sent and from the content of the letter itself that the letter constituted a voluntary consent to such disclosure, then the marital privilege would be waived pursuant to section 90.507....

...e murder-suicide letter, Exhibit 11, would accomplish that purpose. *65 For that reason, the Court concludes that Lynch intended for the contents of Exhibit 11 to be disclosed. ... (Emphasis supplied.) (The postconviction court based its analysis on section 90.507, Florida Statutes.) [9] The postconviction court's reasoning focused upon waiver under section 90.507, Florida Statutes (2000), and there is a threshold issue with regard to the murder-suicide letter: Based on the totality of circumstances, did Lynch ever intend that the letter constitute a confidential communication? Section 90.504(1)...

...Therefore, competent, substantial evidence supports the postconviction court's finding and reasoning that the first conversation was nonprivileged because it occurred in the presence of a third person (Leah Caday) and was not intended to be privileged. See § 90.507, Fla....

...ird phone call with Richard Lynch. Therefore, the record contains evidence that the third phone call was not a confidential marital communication because it occurred in the presence of a third party who actually participated in the conversation. See § 90.507, Fla....

...State, 589 So.2d 245, 252 (Fla.1991) (citing Young v. State, 579 So.2d 721, 724 (Fla.1991)). [8] As explained in Ruiz, the Legislature statutorily abrogated our Delgado decision as applied to burglary offenses committed after February 1, 2000. See Ruiz, 863 So.2d at 1205-12. [9] Section 90.507, Florida Statutes (2000), states: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the privilege, voluntarily...

...The insurance company, as the client, is the holder of its attorney-client privilege. There is no provision within the statute for the insured to claim the insurance company's attorney-client privilege. Only *586 those who have the privilege may waive it through voluntary disclosure. See § 90.507, Fla....

can be found by voluntary disclosure, Fla. Stat. § 90.507,138 as disclosure is inconsistent with the confidentiality

...ed to treat the e-mail as confidential *699 and waived any privilege claim over it. See § 90.502(1)(c), Fla. Stat. (2009) ("A communication between lawyer and client is `confidential' if it is not intended to be disclosed to third persons. . . ."); § 90.507, Fla....

...closed by the order under review prior to first raising this objection in their "Motion of Defendants for an Order in Limine or, In the Alternative, For a Protective Order." Thus, petitioners effectively waived the psychotherapist-patient privilege. § 90.507, Fla....

...Co., 74 Ohio App.3d 481, 599 N.E.2d 699 (1991). We further agree that if a person volunteers that his or her spouse may be questioned about his or her involvement in an event or events, this may equate to consent which constitutes a waiver pursuant to section 90.507, Florida Statutes (1993). See Shell v. State, 554 So.2d 887, 894 (Miss. 1989), rev'd in part on other grounds, 498 U.S. 1, 111 S.Ct. 313, 112 L.Ed.2d 1 (1990). Section 90.507 specifically states that a waiver occurs when the person "consents to disclosure of any significant part of the matter or communication." The issue then with respect to the waiver is whether the circumstances surrounding the letter and...

...[4] If on remand the trial court determines from the circumstances in which the letter was sent [5] and from the content of the letter itself that the letter constituted a voluntary consent to such disclosure, then the marital privilege would be waived pursuant to section 90.507....

...If on remand the trial court determines from the circumstances in which the letter was sent and from the content of the letter itself that the letter constituted a voluntary consent to such disclosure, then the marital privilege would be waived pursuant to section 90.507, Florida Statutes....

...Section 90.504(1), Florida Statutes (2009), provides: A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. Section 90.507, Florida Statutes (2009), limits the privilege by holding that it is waived if a holder of the privilege makes the communication when he has no reasonable expectation of privacy....

...taped or overheard by third parties. As a general rule, when third party eavesdroppers hear otherwise privileged communications, the communications are not *818 privileged unless the communicating parties had a reasonable expectation of privacy. See § 90.507 Fla....

...(c) A communication is relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer, arising from the lawyer-client relationship. § 90.502(4), Fla. Stat. (emphasis supplied). Finally, a client may waive the privilege. Section 90.507, Florida Statutes, states: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the privilege, voluntarily disclos...

...nication waives the privilege if the person. . . voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of any significant part of the matter or communication. See § 90.507, Fla....

...McKinlay, the former wife (Wife), who had questioned the fairness and propriety of the mediation proceedings but claimed a privilege as to mediation communications; and 3) the trial court's division of property. Finding error as to the second issue, we are constrained to reverse and remand for a full evidentiary hearing. § 90.507, Fla....

...ida Statutes, and the lawyer-client privilege set forth in section 90.502, Florida Statutes, can be waived. See, e.g., Procacci v. Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986) (attorney-client privilege waived by client's suit for malpractice). Section § 90.507, Florida Statutes, provides: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if he, or his predecessor while holder of the privilege, voluntarily discloses or makes the comm...

...A failure to assert a work-product privilege at the earliest opportunity, in response to a discovery motion, does not constitute a waiver of the privilege so long as the privilege is asserted by a pleading, to the trial *6 court, before there has been an actual disclosure of the information alleged to be protected. § 90.507, Fla....

...Nor did the plaintiff demonstrate the patient waived the privilege merely by informing the plaintiff (who at that time managed the defendants' law firm) that he was filing a disability claim based on his condition, or by his releasing medical records to the disability insurance carrier in connection with that claim. See § 90.507, Fla....

...ecially objective manifestations of that expectation. Id. at 260 (citations, emphasis and internal quotation marks omitted). [4] Holders of statutory privileges may waive protection by voluntary disclosure of privileged information to third parties. § 90.507, Fla....

...The scope and wording of the shield statutes varies from state-to-state, but all must comply with a limitations and balancing test set forth in Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). See, e.g., Jamerson v. Anderson News-papers, Inc., 469 N.E.2d 1243 (Ind.Ct.App. 1984). [2] See § 90.507, Fla....

...ed process and that Mr. Knowles was entitled to be returned to his position prior to his change of plea, with all privileges remaining intact. The trial court, however, found that the there had been a voluntary waiver of the privilege in accord with section 90.507, Florida Statutes (1993), and permitted the State to call Dr....

...ANDERSON: Well, I wanted to have my cake and eat it too. THE COURT: That's the only reason he called Dr. Freid. MR. ANDERSON: That's fine. What Mr. Harb suggests is fine. THE COURT: Well, you try—both of you try your own case, but I am finding that in accord with Section 90.507 there has been a voluntary waiver of the [sic] either psychotherapist privilege or attorney/client privilege and rights against *266 self-incrimination....

...of statutory origin in every state in which it obtains." Fla. Power & Light Co. v. Bridgeman, 133 Fla. 195, 182 So. 911, 919 (1938) (citation and internal quotation marks omitted). The Florida Legislature, by passage of sections 90.502, 90.503, and 90.507, Florida Statutes (1995), has since provided for the lawyer-client, psychotherapist-patient privileges and the waiver of these privileges. Section 90.507, waiver of privilege by voluntary disclosure, states: A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the pri...

...This argument fails on multiple grounds. First, communication between the Kaplans and their neighbor's relatives does not constitute confidential communication because the Kaplans had no reasonable expectation of privacy during the conversations. See § 90.507, Fla....

waived by the party holding the privilege. Section 90.507, Florida Statutes, addresses waiver of a privileged

...Through the affidavit, petitioner's psychologist addressed the "isolation" theory based on his evaluation of petitioner and the family dynamics. Petitioner subsequently withdrew the affidavit. Respondent's position is that the any privilege was waived and the waiver cannot be revoked. See § 90.507, Fla....

that may have protected it has been waived. See § 90.507, Fla. Stat. (2013) (providing that privilege is

“not intended for further disclosure.” Moreover, § 90.507 provides that: “A person who has a privilege against

husband-wife privilege may be waived. See Fla.Stat. 90.507. Florida Statute 90.507 provides, in relevant part: A

...MFM Group, Inc., 841 So.2d 500, 501 (Fla. 3d DCA 2003). Moreover, by agreeing to the production of the North Dade Center records, the plaintiffs have waived any objection that may have existed to the deposition of Dr. Aponte on the basis of psychotherapist-patient or other privilege. See § 90.507, Fla....

...mise the privilege if the only person who can testify regarding its contents is a spouse. In Boyd, however, the husband and wife were conversing, ostensibly privately, in a police interrogation room. Id. at 814-15. Moreover, we noted in Boyd that section 90.507, Florida Statutes, provides that a privilege will be waived if a holder of the privilege makes the communication in circumstances in which he has no reasonable expectation of privacy....

rules do not control here, it is worth noting that § 90.507, Fla. Stat. similarly provides for waiver when

505.3 (2018 ed.). This is consistent with section 90.507, which provides that the person who has the

...tion was made by the patient to a psychotherapist, or his or her agent, for the purpose of obtaining either diagnosis or treatment from the therapist, and with the reasonable expectation by the patient that the statement is being made in confidence. § 90.507, Fla....

...erials to Dr. Clark, the expert. The trial court entered an order, however, ruling that, by negligently including the materials in controversy when she made the transmittal to her expert, Dr. Mullins had waived all applicable privileges, pursuant to section 90.507, Florida Statutes (2008)....

...onfidential' if it is not intended to be disclosed to third persons other than: 1. Those to whom disclosure is in furtherance of the rendition of legal services to the client. 2. Those reasonably necessary for the transmission of the communication." Section 90.507, Florida Statutes (2008), provides: "A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person ......

part of the matter or communication.” Fla. Stat. § 90.507. The burden of establishing the application of

waived his attorney-client privilege under section 90.507, Florida Statutes, the conflict of interest

...2d DCA 1974); 81 Am.Jur.2d Witnesses § 172 (1976). The privilege protects from disclosure communications made to an attorney in his capacity as such but the privilege is waived when its possessor voluntarily discloses the otherwise confidential information. Hoyas v. State ; § 90.507, Fla....

Defendants monitoring his email. See Fla. Stat. § 90.507 (providing that a person waives a privilege, including

waived by voluntary disclosure or consent. See § 90.507, Fla. Stat. (2021). Below and in this Court, the

Luciano, 92 So. 2d 817, 819 (Fla. 1957); see also § 90.507, Fla. Stat. (2021). Hence,

facilities or large groups, are not privileged.”); § 90.507, Fla. Stat. (2024) (“A person who has a privilege

7 communication. Section 90.507, Florida Statutes, offers guidance in this

its discretion in permitting the testimony. Section 90.507, Florida Statutes (2022), states: A

...The employer/carrier's (E/C) motion to disqualify counsel contains statements that the E/C disclosed privileged documents to Claimant's public defender in another proceeding. The E/C has not argued that this disclosure was inadvertent. The E/C's voluntary disclosure of the documents waived the privilege. See § 90.507, Fla....

...t. Section 90.503(4)(c) provides that there is no privilege for communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim or defense ... Section 90.507 provides that a person waives the privilege against disclosure of a confidential communication if he voluntarily discloses or makes the communication when he does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication....

significant part of the matter or communication.” § 90.507, Fla. Stat. (2021). Still,

State responded the issue was waived under section 90.507, Florida Statutes, because the defendant disclosed

1066, 105 S.Ct. 2142, 85 L.Ed.2d 499 (1985); § 90.507, Fla.Stat. (1985).

based on the advice of her previous counsel. See § 90.507, Fla. Stat. (2000) (holder of the privilege waives

defense.” § 90.503(4)(c), Fla. Stat. (2015). Section 90.507, Florida Statutes (2015), governs waiver of

waived the psychotherapist-patient privilege. § 90.507, Fla.Stat. (1991). See St. Paul Fire and Marine

The state also asserts that, pursuant to section 90.507, Florida Statutes, Kramer waived the privilege

, concur. . § 90.503, Fla. Stat. (2004). . § 90.507, Fla. Stat. (2004).