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Edelstein v. Donner
450 So. 2d 562
Fla. Dist. Ct. App.
1984
Check Treatment
450 So. 2d 562 (1984)

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.

Nos. 83-1504, 83-2005.

District Court of Appeal of Florida, Third District.

May 8, 1984.

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

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

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

PER CURIAM.

We 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).

We 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?

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

NOTES

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

Case Details

Case Name: Edelstein v. Donner
Court Name: District Court of Appeal of Florida
Date Published: May 8, 1984
Citation: 450 So. 2d 562
Docket Number: 83-1504, 83-2005
Court Abbreviation: Fla. Dist. Ct. App.
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