Advertising Disclosure Email Disclosure

Despite objections to production of photographs and correct statements of law protecting them, Fifth DCA holds appellate arguments were unpreserved.

January 1, 2019
FirstService Residential Fla., Inc. v. Rodriguez, 2018 Fla. App. LEXIS 17505 (Fla. 5th DCA 2018)

In this slip-and-fall action, the defendant, a property management company, filed a privilege log asserting a work-product privilege over two photographs purporting to depict the scene of the plaintiff’s incident. The defendant also asserted its work-product privilege objection to questions about these photographs during the deposition of the defendant’s corporate representative, after which the plaintiff filed a motion to compel production of the photographs. At the motion to compel hearing, the defendant argued only that the plaintiff had the substantial equivalent of the requested photographs and, accordingly, the work-product privilege did not apply. The trial court granted the plaintiff’s motion to compel and ordered production of the two photographs, leading to the defendant’s petition for writ of certiorari to the Fifth District Court of Appeal. The appellate court ultimately ruled that the defendant failed to properly preserve those arguments for appellate review by not making them at the trial court level. This was despite the fact that the defendant correctly stating the applicable law in its petition—which arguably supported the defendant’s position that the plaintiff failed to meet its evidentiary burden to overcome the work product privilege.

 

Case Law Alerts, 1st Quarter, January 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Joey M. Chindamo
Associate
(407) 505-4680
jmchindamo@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."