Summary
concluding that opinions of attorney and law firm regarding the settlement value of the underlying case were protected by the attorney-client privilege
Summary of this case from Virgin Records Am. v. Skystream, Inc.Opinion
No. 1D04-1482.
January 24, 2005.
An appeal from Petition for Writ of Certiorari — Original Jurisdiction.
Donald Partington, Esq. and Jason W. Peterson, Esq. of Clark, Partington, Hart, Larry, Bond Stackhouse, Pensacola; Neal M. Glazer, Esq. and Jan H. Duffalo, Esq. of D'Amato Lynch, New York, NY, for Petitioners.
J. Nixon Daniel, III, Esq. and Thomas F. Gonzalez, Esq. of Beggs Lane, Pensacola; Stephen M. Goldman, Esq. of Sands, Anderson, Marks Miller, P.C., McLean, Virginia for Associated Aviation Underwriters, Inc.
P. Michael Patterson, Esq. of Emmanuel, Sheppard and Condon, Pensacola; Mary L. Barrier, Esq. of Stinson, Morrison, Hecker, LLP, Kansas City, MO, for Cessna Aircraft Company, for Respondents.
We grant the petition for a writ of certiorari and quash the trial court's order to the extent that the court expressly found that the opinions of attorney Neal Glazer and D'Amato Lynch regarding the settlement value of the underlying case were not protected by the attorney-client privilege. See S. Bell Tel. Tel. Co. v. Deason, 632 So.2d 1377, 1383 (Fla. 1994) (noting that the attorney-client privilege applies to confidential communications made in the rendition of legal services to a client); see also Home Ins. Co. v. Advance Mach. Co., 443 So.2d 165, 168 (Fla. 1st DCA 1983) (holding that a party's simple allegation in a contribution action that a settlement was reasonable does not take a case out of the general rule that the mere bringing of an action cannot be said to have waived the attorney-client privilege).
GRANTED.
BENTON, LEWIS and THOMAS, JJ., concur.