Eyec Trucking, LLC, etc., and Francis Warren Roberts, II, etc. v. Maria Santos, as Personal Representative of the Estate of Hector G. Gamez-Cardenas

District Court of Appeal of Florida

Eyec Trucking, LLC, etc., and Francis Warren Roberts, II, etc. v. Maria Santos, as Personal Representative of the Estate of Hector G. Gamez-Cardenas

166 So. 3d 952, 2015 Fla. App. LEXIS 9253, 2015 WL 3761419

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 2015

Docket4D15-892

StatusPublished

This text of 166 So. 3d 952 (Eyec Trucking, LLC, etc., and Francis Warren Roberts, II, etc. v. Maria Santos, as Personal Representative of the Estate of Hector G. Gamez-Cardenas) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eyec Trucking, LLC, etc., and Francis Warren Roberts, II, etc. v. Maria Santos, as Personal Representative of the Estate of Hector G. Gamez-Cardenas, 166 So. 3d 952, 2015 Fla. App. LEXIS 9253, 2015 WL 3761419 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

The petition for writ of certiorari is granted. See Gasman v. Luzinski, 937 So.2d 293, 296 (Fla. 4th DCA 2006) (“Before a written objection to a request for production of documents is ruled upon, the documents are not ‘otherwise discoverable’ and thus the obligation to file a privilege log does not arise. Once the objection is ruled upon and the court determines what information is ‘otherwise discoverable,’ then the party must file a privilege log reciting which documents are privileged. If it is not done in that order, then the party faced with an unduly burdensome document request still has to obtain and review all the documents to determine which are privileged, even though the court may later limit the scope of the request if it was unduly burdensome.”); see also DLJ Mortg. Capital, Inc. v. Fox, 112 So.3d 644, 646 (Fla. 4th DCA 2013). The order requiring the preparation of a privilege log is quashed with respect to Requests for Production Nos. three and four. The trial court is directed to rule on the objections prior to requiring the filing of the privilege log.

WARNER, STEVENSON and FORST, JJ., concur.

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PER CURIAM.

The petition for writ of certiorari is granted. See Gasman v. Luzinski, 937 So.2d 293, 296 (Fla. 4th DCA 2006) (“Before a written objection to a request for production of documents is ruled upon, the documents are not ‘otherwise discoverable’ and thus the obligation to file a privilege log does not arise. Once the objection is ruled upon and the court determines what information is ‘otherwise discoverable,’ then the party must file a privilege log reciting which documents are privileged. If it is not done in that order, then the party faced with an unduly burdensome document request still has to obtain and review all the documents to determine which are privileged, even though the court may later limit the scope of the request if it was unduly burdensome.”); see also DLJ Mortg. Capital, Inc. v. Fox, 112 So.3d 644, 646 (Fla. 4th DCA 2013). The order requiring the preparation of a privilege log is quashed with respect to Requests for Production Nos. three and four. The trial court is directed to rule on the objections prior to requiring the filing of the privilege log.

WARNER, STEVENSON and FORST, JJ., concur.

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166 So. 3d 952, 2015 Fla. App. LEXIS 9253, 2015 WL 3761419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eyec-trucking-llc-etc-and-francis-warren-roberts-ii-etc-v-maria-fladistctapp-2015.

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