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Florida Statute 90.507 - Full Text and Legal Analysis
Florida Statute 90.507 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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 the person, or the person’s predecessor while holder of the privilege, 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. This section is not applicable when the disclosure is itself a privileged communication.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 13, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 480, ch. 95-147.

F.S. 90.507 on Google Scholar

F.S. 90.507 on CourtListener

Amendments to 90.507


Annotations, Discussions, Cases:

Cases Citing Statute 90.507

Total Results: 64

Taylor v. State

855 So. 2d 1, 2003 WL 21283161

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466

Cited 66 times | Published

...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....

Hamilton v. Hamilton Steel Corp.

409 So. 2d 1111

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 586212

Cited 26 times | Published

...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).

Mosley v. State

46 So. 3d 510, 2009 Fla. LEXIS 1122, 2009 WL 2045387

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1928355

Cited 20 times | Published

...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....

Knowles v. State

848 So. 2d 1055, 2003 WL 21354854

Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 1712303

Cited 19 times | Published

...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....

Woodel v. State

804 So. 2d 316, 2001 WL 1628473

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 40

Cited 19 times | Published

...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....

Berkeley v. Eisen

699 So. 2d 789, 1997 WL 585831

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1694077

Cited 16 times | Published

...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....

Eastern Air Lines, Inc. v. Gellert

431 So. 2d 329

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 680945

Cited 15 times | Published

...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....

Abamar Housing v. Lisa Daly Lady Decor

698 So. 2d 276, 1997 WL 345631

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 434722

Cited 15 times | Published

...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....

Coates v. Akerman, Senterfitt & Eidson

940 So. 2d 504, 2006 WL 2987108

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 567070

Cited 14 times | Published

...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...

Palm Beach County School Bd. v. Morrison

621 So. 2d 464, 1993 Fla. App. LEXIS 5863

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1265563

Cited 14 times | Published

...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...

Koon v. State

463 So. 2d 201, 10 Fla. L. Weekly 49

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 2572962

Cited 12 times | Published

...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...

Hoyas v. State

456 So. 2d 1225

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1446565

Cited 11 times | Published

...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....

Kusch v. Ballard

645 So. 2d 1035, 1994 WL 615723

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1223117

Cited 10 times | Published

...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))....

Ray v. Cutter Laboratories, Division of Miles, Inc.

746 F. Supp. 86, 1990 U.S. Dist. LEXIS 18652

District Court, M.D. Florida | Filed: Sep 19, 1990 | Docket: 1350809

Cited 9 times | Published

...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)....

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430195

Cited 9 times | Published

...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....

Bolin v. State

793 So. 2d 894, 2001 WL 788121

Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1678069

Cited 9 times | Published

...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....

St. Paul Fire and Marine Ins. Co. v. Welsh

501 So. 2d 54, 12 Fla. L. Weekly 221

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 1527656

Cited 8 times | Published

...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....

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

...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...

XL SPECIALTY INS. v. Aircraft Holdings

929 So. 2d 578, 2006 Fla. App. LEXIS 5850, 2006 WL 1058208

District Court of Appeal of Florida | Filed: Apr 24, 2006 | Docket: 1421559

Cited 8 times | Published

...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....

Maplewood Partners, L.P. v. Indian Harbor Insurance

295 F.R.D. 550, 2013 WL 3853388, 2013 U.S. Dist. LEXIS 103309

District Court, S.D. Florida | Filed: Jul 16, 2013 | Docket: 66051501

Cited 7 times | Published

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

Minakan v. Husted

27 So. 3d 695, 2010 Fla. App. LEXIS 288, 2010 WL 174333

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1664999

Cited 7 times | Published

...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....

Hjm v. Brc

603 So. 2d 1331, 1992 WL 191324

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1475973

Cited 7 times | Published

...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....

Bolin v. State

650 So. 2d 21, 1995 WL 48526

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1703175

Cited 6 times | Published

...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....

Bolin v. State

650 So. 2d 19, 1995 WL 48438

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 466970

Cited 6 times | Published

...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....

Boyd v. State

17 So. 3d 812, 2009 Fla. App. LEXIS 11583, 2009 WL 2517059

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644903

Cited 6 times | Published

...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....

S & I Investments v. Payless Flea Market, Inc.

10 So. 3d 699, 2009 Fla. App. LEXIS 6043, 2009 WL 1456938

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 2538813

Cited 5 times | Published

...(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...

Segarra v. Segarra

932 So. 2d 1159, 2006 WL 1751820

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 3675

Cited 4 times | Published

...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 v. McKinlay

648 So. 2d 806, 1995 WL 1524

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 1343122

Cited 4 times | Published

...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...

Truly Nolen Exterminating, Inc. v. Thomasson

554 So. 2d 5, 14 Fla. L. Weekly 2792, 1989 Fla. App. LEXIS 6814, 1989 WL 146009

District Court of Appeal of Florida | Filed: Dec 5, 1989 | Docket: 1319025

Cited 4 times | Published

...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....

Cohen v. Cohen

813 So. 2d 1060, 2002 WL 562254

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 2151524

Cited 4 times | Published

...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....

Slim-Fast Foods Co. v. Brockmeyer

627 So. 2d 104, 1993 WL 482326

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 1529875

Cited 3 times | Published

...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....

News-Journal Corp. v. Carson

741 So. 2d 572, 1999 Fla. App. LEXIS 11129, 1999 WL 631700

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1511151

Cited 3 times | Published

...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....

Knowles v. State

800 So. 2d 259, 2001 WL 1193728

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1283234

Cited 2 times | Published

...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...

Kaplan v. Divosta Homes, L.P.

20 So. 3d 459, 2009 Fla. App. LEXIS 16358, 2009 WL 3615585

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 1759377

Cited 2 times | Published

...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....

Markel American Insurance Co. v. Baker

152 So. 3d 86, 2014 Fla. App. LEXIS 19141, 2014 WL 6488823

District Court of Appeal of Florida | Filed: Nov 21, 2014 | Docket: 60245004

Cited 2 times | Published

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

Urbanek v. Urbanek

46 So. 3d 1235, 2010 Fla. App. LEXIS 17671, 2010 WL 4628565

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2398720

Cited 2 times | Published

...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....

Tumelaire v. Naples Estates Homeowners Ass'n

137 So. 3d 596, 2014 WL 1801239, 2014 Fla. App. LEXIS 6741

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240385

Cited 2 times | Published

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

Monroe v. State

14 So. 3d 1205, 2009 Fla. App. LEXIS 8520, 2009 WL 1766594

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 60241286

Cited 2 times | Published

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

Hanger Orthopedic Group, Inc. v. McMurray

181 F.R.D. 525, 1998 U.S. Dist. LEXIS 21686, 1998 WL 480845

District Court, M.D. Florida | Filed: Jan 26, 1998 | Docket: 66319029

Cited 2 times | Published

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

LIFEMARK HOSPITALS OF FLORIDA v. Izquierdo

899 So. 2d 478, 2005 Fla. App. LEXIS 5080, 2005 WL 840380

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1353618

Cited 2 times | Published

...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....

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

...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....

QBE Insurance v. Jorda Enterprises, Inc.

286 F.R.D. 661, 2012 WL 4089890, 2012 U.S. Dist. LEXIS 132020

District Court, S.D. Florida | Filed: Sep 17, 2012 | Docket: 66048744

Cited 1 times | Published

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

Fr. Vincenzo Ronchi v. State

248 So. 3d 1265

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284978

Cited 1 times | Published

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

State v. Avery Topps

142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3598

Cited 1 times | Published

...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....

Mullins v. Tompkins

15 So. 3d 798, 2009 Fla. App. LEXIS 9955, 2009 WL 2151906

District Court of Appeal of Florida | Filed: Jul 21, 2009 | Docket: 1660982

Cited 1 times | Published

...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 ......

Allstate Insurance v. Levesque

263 F.R.D. 663, 2010 U.S. Dist. LEXIS 12865, 2010 WL 376068

District Court, M.D. Florida | Filed: Jan 25, 2010 | Docket: 66040321

Cited 1 times | Published

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

Smith v. State

156 So. 3d 1119, 2015 WL 659564

District Court of Appeal of Florida | Filed: Feb 17, 2015 | Docket: 60245722

Cited 1 times | Published

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

State v. Schmidt

474 So. 2d 899, 10 Fla. L. Weekly 2051

District Court of Appeal of Florida | Filed: Aug 29, 1985 | Docket: 1483442

Cited 1 times | Published

...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....

V5 Investments, LLC v. GoWaiter Business Holdings, LLC

210 F. Supp. 3d 1329, 2016 WL 5417219, 2016 U.S. Dist. LEXIS 137788

District Court, M.D. Florida | Filed: Sep 28, 2016 | Docket: 64310534

Published

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

AKERMAN, LLP v. SANDRA COHEN

District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742512

Published

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

KELLY NELSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858264

Published

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

Fernando Castano v. the State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260664

Published

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

KELLY NELSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144881

Published

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

Cary Portner v. Gil Koppel and Aleksandra Koppel

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335501

Published

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

Walker v. RIVER CITY LOGISTICS INC.

14 So. 3d 1122, 2009 Fla. App. LEXIS 7929, 2009 WL 1639533

District Court of Appeal of Florida | Filed: Jun 12, 2009 | Docket: 1157596

Published

...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....

Saenz v. Alexander

584 So. 2d 1061, 1991 WL 147143

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 1515224

Published

...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....

PAPA JOHN'S USA, INC., A FOREIGN PROFIT CORPORATION, AND LORENA GONZALEZ vs PAULA MOORE

District Court of Appeal of Florida | Filed: Jul 15, 2022 | Docket: 64881538

Published

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

GUILLERMO CUEVAS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084939

Published

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

Aeroserv International, Inc. v. BEJ Enterprises, Inc.

501 So. 2d 106, 12 Fla. L. Weekly 302, 1987 Fla. App. LEXIS 11913

District Court of Appeal of Florida | Filed: Jan 20, 1987 | Docket: 64624398

Published

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

Andrade v. State

773 So. 2d 1238, 2000 Fla. App. LEXIS 16249, 2000 WL 1816873

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802579

Published

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

MARGARET SAJIUN v. DANIEL HERNANDEZ

226 So. 3d 875, 2017 Fla. App. LEXIS 12053

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142267

Published

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

H.J.M. v. B.R.C.

603 So. 2d 1331, 1992 Fla. App. LEXIS 8914

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669401

Published

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

LISA KRAMER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052271

Published

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

Commercial Carrier Corp. v. Kelley

903 So. 2d 240, 2005 Fla. App. LEXIS 6110, 2005 WL 991677

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838753

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.