90.510

Privileged communication necessary to adverse party.

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90.510 Privileged communication necessary to adverse party.—In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate. In making its determination, the court may engage in an in camera inquiry into the privilege.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

Notes of Decisions

Cited in 11 cases, 1981–2020 · leading case: State v. Famiglietti

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State v. Famiglietti (2002) fladistctapp · cites it 3× “In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate.”

Chomat v. Northern Ins. Co. of New York (2006) fladistctapp · cites it 2× “Since reasonableness is a threshold issue as to which the plaintiffs bear the initial burden of going forward, Northern argues that the privilege is waived either because the issue of reasonableness has been injected by the plaintiffs into the case, or because the privileged…”

Affiliated of Florida v. U-Need Sundries, Inc. (1981) fladistctapp · cites it 3× “They asked the court, pursuant to section 90.510, Florida Statutes (1979), [1] to inspect the documents which Affiliated had withheld and to strike from Affiliated's amended answer to their complaint those defenses which the documents would rebut.”

TheStreet. Com, Inc. v. Carroll (2009) fladistctapp · cites it 2× “Further, even if the sword and shield doctrine were to apply in this case, the proper remedy would be to dismiss or strike petitioners’ defenses and not to compel production of the very information claimed to be privileged.”

Myron Ex Rel. Brock v. DOCTORS GENERAL HOSP. (1997) fladistctapp · cites it 3× “The appellees then moved to dismiss the complaint, pursuant to section 90.510, Florida Statutes (1993), which states, in pertinent part: In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon…”

Marcum LLP v. Potamkin (2013) fladistctapp · cites it 2× “§ 90.510, Fla. Stat. (2010). ."On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party…”

Myron v. Doctors General Hospital, Ltd. (1997) fladistctapp · cites it 3× “The appellees then moved to dismiss the complaint, pursuant to section 90.510, Florida Statutes (1993), which states, in pertinent part: In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon…”

O'Halloran Ex Rel. Keller Financial Services of Florida, Inc. v. Williams (In Re Keller Financial Services of Florida, I (2000) flmb · cites it 4× “The Plaintiff further contends that the documents requested are the Debtors’ corporate records, and that Keller therefore cannot decline to produce them on the basis of the “collective entity” theory.”

Bond v. Eagan (1988) fladistctapp · cites it 10× “The trial court’s order and final judgment were specifically based on the adverse application of section 90.510, Florida Statutes (1985) against Bond.”

Centennial Bank v. ServisFirst Bank Inc. (2020) flmd · cites it 2× “”); Fla. Stat. § 90.510 (“In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate.”

Kadet v. Daytona Times, Inc. (1985) flacirct · cites it 2× “” In addition, section 90.510, Florida Statutes (1983), requires plaintiffs in libel cases to make a choice between maintaining their actions or their testimonial privileges.”

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