Freshwater v. Freshwater

District Court of Appeal of Florida

Freshwater v. Freshwater

654 So. 2d 1271, 1995 Fla. App. LEXIS 5338, 1995 WL 296324

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1995

DocketNo. 95-962

StatusPublished

This text of 654 So. 2d 1271 (Freshwater v. Freshwater) 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.

Bluebook

Freshwater v. Freshwater, 654 So. 2d 1271, 1995 Fla. App. LEXIS 5338, 1995 WL 296324 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

ON PETITION FOR WRIT OF CERTIORARI

We grant the wife’s petition for a writ of certiorari and quash the order overruling her objections to the husband’s requests for production. The husband requested production of the wife’s diaries; at the hearing the court was informed that the wife’s attorney had directed the wife to keep a diary in connection with this litigation. We hold that these materials are protected by work product privilege. Dodson v. Persell, 390 So.2d 704 (Fla.1980); Roe v. Roe, 253 N.J.Super. 418, 601 A.2d 1201 (App.Div.1992) (diary written at attorney’s direction in connection with litigation privileged); In re Pretino, 150 Misc.2d 371, 567 N.Y.S.2d 1009 (N.Y.Sur. 1991) (same). Furthermore, the husband made no showing as to these materials that he was “unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Fla.R.Civ.P. 1.280(b)(3); Roe; Pretino. The order under review is quashed and the cause is remanded with instructions to enter an order sustaining wife’s objections to the production of the requested documents to the extent that the documents were prepared at the request of the wife’s counsel.

Certiorari granted; order quashed; cause remanded.

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PER CURIAM.

ON PETITION FOR WRIT OF CERTIORARI

We grant the wife’s petition for a writ of certiorari and quash the order overruling her objections to the husband’s requests for production. The husband requested production of the wife’s diaries; at the hearing the court was informed that the wife’s attorney had directed the wife to keep a diary in connection with this litigation. We hold that these materials are protected by work product privilege. Dodson v. Persell, 390 So.2d 704 (Fla.1980); Roe v. Roe, 253 N.J.Super. 418, 601 A.2d 1201 (App.Div.1992) (diary written at attorney’s direction in connection with litigation privileged); In re Pretino, 150 Misc.2d 371, 567 N.Y.S.2d 1009 (N.Y.Sur. 1991) (same). Furthermore, the husband made no showing as to these materials that he was “unable without undue hardship to obtain the substantial equivalent of the materials by other means.” Fla.R.Civ.P. 1.280(b)(3); Roe; Pretino. The order under review is quashed and the cause is remanded with instructions to enter an order sustaining wife’s objections to the production of the requested documents to the extent that the documents were prepared at the request of the wife’s counsel.

Certiorari granted; order quashed; cause remanded.

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Bluebook (online)

654 So. 2d 1271, 1995 Fla. App. LEXIS 5338, 1995 WL 296324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freshwater-v-freshwater-fladistctapp-1995.

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