First DCA Quashes Order Requiring Disclosure Of Attorney-Client Privileged Materials

The First District Court of Appeal recently issued an opinion quashing an order issued by a Judge of Compensation Claims ("JCC") that required disclosure of attorney-client privileged materials. In its opinion in Lacaretta Restaurant and Zenith Insurance Company v. Engelds Zepeda, 38 Fla. L. Weekly D1385a (1st DCA 6/24/13), the First DCA set forth the requirements for obtaining review and reversal of such an order.

In Lacaretta, the JCC entered a discovery order that compelled the Employer/Carrier to produce various documents, including a note made by the adjuster in an internal paperless communication/documentation system that memorialized a meeting with in-house counsel and another note made in that same system by in-house counsel herself. The Employer/Carrier challenged the JCC's ruling as it related to those two notes.

In reversing the ruling of the JCC as to those two notes, the First DCA set forth the requirements for obtaining certiorari review of a discovery order compelling production of privileged materials. Quoting from Reeves v. Fleetwood Homes of Fla., Inc., 889 So.2d 812, 822 (Fla. 2004), the Court noted that there must be a showing of:

(1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.

The Court stated that the...