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450 So. 2d 562

Docket Nos. 83-1504, 83-2005.

Edelstein v. Donner

Steve EDELSTEIN, City of Miami, Michael J. Murphy and Fowler, White, Burnett, Hurley, Banick & Strickroot, Appellants/Appellees, v. Miriam DONNER and Arthur J. Morburger, Appellees/Appellants.

District Court of Appeal of Florida · decided 1984-05-08

Cited by 4 later decisions — most recently May 1991

4 state decisions

Relies on The Florida Bar v. Jameison · 417 So. 2d 1053 - Tober v. Sanchez · 452 So. 2d 572 - Miami Herald Pub. Co. v. City of North Miami

Good law ✅— No negative treatment on recordhow we know

Decided 1984-05-08

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¶1Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael J. Murphy, Jose Garcia-Pedrosa, Miami, and Leon M. Firtel, Miami Beach, for appellants/appellees.

¶2Arthur J. Morburger and Miriam Donner, in pro. per.

¶3Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

¶4PER CURIAM.

¶5We affirm the trial court's issuance of a Peremptory Writ of Mandamus insofar as it requires the production of materials claimed to be protected by a non-existent work product exemption to the Public Records Act, Chapter 119, Florida Statutes (1981). Parsons & Whittemore, Inc. v. Metropolitan Dade County,429 So.2d 343 (Fla. 3d DCA 1983); Donner v. Edelstein,423 So.2d 367 (Fla. 3d DCA 1982); Miami Herald Publishing Co. v. City of North Miami,420 So.2d 653 (Fla. 3d DCA 1982); Tober v. Sanchez,417 So.2d 1053 (Fla. 3d DCA 1982), review denied,426 So.2d 27 (Fla. 1983); Donner v. Edelstein,415 So.2d 830 (Fla. 3d DCA 1982).

¶6We reverse the trial court's ruling approving an attorney-client privilege as a ground for denying production under the Public Records Act. Miami Herald Publishing Co. v. City of North Miami, No 83-688, 452 So.2d 572 (Fla. 3d DCA 1983)[*] (City of North Miami II). As in City of North Miami II, we certify that this decision passes upon a question of great public importance:

Does the attorney-client privilege section of the Florida Evidence Code exempt from the disclosure requirements of the Public Records Act written communications between a lawyer and his public-entity client?

¶7Orders pertaining to the grant of production affirmed; orders pertaining to the denial of production reversed; question certified.

NOTES

¶8[*] The trial court did not have the benefit of City of North Miami II when it made its ruling.

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