Florida/Georgia Personal Injury & Workers Compensation

...thern 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 communication is properly viewed as a communication necessary to an adverse party under section 90.510, Florida Statutes (2005)....

...Both statutes allowed release of mental health records on a showing of good cause. Id. There is no comparable provision in the Evidence Code for invasion of the psychotherapist-patient privilege under a good cause standard. The defendant argues that disclosure is authorized in this case by section 90.510, Florida Statutes, which states: 90.510....

...t, 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. (Emphasis added). By its terms, section 90.510 does not apply....

...It also refused to turn over a portion of its attorneys' files on the grounds of attorney-client privilege. In response to Affiliated's actions, respondents filed a motion for an in camera inspection of documents. 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. The court held a hearing on the motion at which it ruled that section 90.510 was inapplicable since the Florida Evidence Code applies only to civil actions accruing after July 1, 1979, [2] and respondents' cause of action accrued before that time....

...policy of being able to consult an attorney or accountant without fear that the resultant communications may become public. We grant certiorari and quash the order for an in camera inspection. BOARDMAN, Acting C.J., and DANAHY, J., concur. NOTES [1] 90.510 Privileged communication necessary to adverse party....

...Instead, the discovery in dispute related to an affirmative defense. 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. See § 90.510, Fla....

...In July of 1993, HRS moved to quash a subpoena for HRS records on the ground that the investigation of alleged child abuse of Rayna had been classified as unfounded, and that Cebrian precluded disclosure of all unfounded reports. 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 motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate....

...See Times Pub. Co., 626 So.2d at 1316. Thus, the court erred in ordering its release to the appellees. [2] Having established that the Child Protection Team report was confidential and was exempt from disclosure, even from the courts and the parents, section 90.510 does not alter this result....

DCA 2006). . § 90.5055, Fla. Stat. (2010). . § 90.510, Fla. Stat. (2010). ."On application the court

...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. Finally, the Plaintiff asserts that the Court should strike Keller's answer and affirmative defenses pursuant to § 90.510 of the Florida Statutes because the requested communications are necessary to the Plaintiff....

...se are state law causes of action. According to Rule 501 of the Federal Rules of Evidence, therefore, the Plaintiff claims that state law governs the effect of Keller's invocation of his Fifth Amendment privilege. The Plaintiff further contends that § 90.510 of the Florida Statutes supplies the applicable rule in this case. That section provides: 90.510....

...An assertion of an affirmative defense by a defendant, however, does not constitute a request for affirmative relief sufficient to allow application of the principle. DeLisi, 436 So.2d at 1100. In fact, the "sword and shield" principle has been acknowledged in specific connection with § 90.510 of the Florida Statutes....

...In view of the authorities cited above, the Court determines that striking Keller's pleadings is not an appropriate remedy, since he is not the party seeing affirmative relief in the proceeding. The Plaintiff cited two cases in support of his Motion to Strike. Neither case refers to § 90.510 of the Florida Statutes....

of section 90.510, Florida Statutes (1985) against Bond. We reverse and hold that section 90.510 does

moved to dismiss the complaint, pursuant to section 90.510, Florida Statutes (1993), which states, in