43 Fla. L. Weekly D402b

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Civil
procedure — Discovery — Appeals — Certiorari — Trial court departed from
essential requirements of law by determining that party’s agreement to “answer”
discovery requests constituted express waiver of all privileges

DAVID NEWMAN, Petitioner, v. GLENN HIRST and WERNER
ENTERPRISES, INC., Respondents. 5th District. Case No. 5D17-2482. Opinion filed
February 16, 2018. Petition for Certiorari Review of Order from the Circuit
Court for Orange County, Keith F. White, Judge. Counsel: Christopher V.
Carlyle, of The Carlyle Appellate Law Firm, Orlando, for Petitioner. Brian D.
Stokes and Brandon M. Smith, of Alvarez, Winthrop, Thompson & Storey, P.A.,
Orlando, for Respondents.

(WALLIS, J.) David Newman petitions this court for a writ of
certiorari, seeking to quash the trial court’s order finding that he expressly
waived all privilege objections to the respondents’ Boecher1
interrogatories. We find that the trial court departed from the essential
requirements of the law by determining that Newman’s agreement to “answer”
discovery requests constituted an express waiver of all privileges. See
Paradise Divers, Inc. v. Upmal, 943 So. 2d 812, 814 (Fla. 3d DCA 2006); Liberty
Mut. Ins. v. Lease Am., Inc., 735 So. 2d 560, 561-62 (Fla. 4th DCA 1999).
We grant the petition, quash the order, and remand to the trial court for
further proceedings.

PETITION GRANTED. (PALMER and EDWARDS, JJ., concur.)

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1Allstate Ins. v.
Boecher, 733 So. 2d 993 (Fla. 1999).

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