The Chetrit Group, LLC v. EquiShares, Inc.

Summary

The Florida Third District Court of Appeal denied a petition for certiorari challenging a discovery order compelling production of communications between the defendants and an attorney. The court held that competent, substantial evidence supported the trial court’s findings that the attorney jointly represented the parties concerning their joint venture and that the statutory common-interest exception to attorney-client privilege applied, even though the parties had potentially adverse interests regarding the partnership agreement.

Holdings

1. Certiorari review was the proper vehicle because discovery orders compelling production of communications claimed to be protected by the attorney-client privilege generally cause material harm that cannot be remedied on plenary appeal; however, the petition was denied because the order did not depart from the essential requirements of law.
2. The statutory common-interest exception to the attorney-client privilege applied because the communications were relevant to a matter of common interest between Chetrit and EquiShares and were made to or from Lieber, whom the parties jointly retained or consulted for legal advice concerning the project.

Questions Presented

1. Whether the circuit court's order compelling production of communications between Chetrit, EquiShares, and their jointly consulted attorney warranted certiorari relief.
2. Whether the statutory common-interest exception to the attorney-client privilege applied to communications concerning the parties' efforts to formalize their joint-venture partnership agreement.
3. Whether the circuit court's findings that Lieber jointly represented the parties and that the communications concerned a matter of common interest were supported by competent, substantial evidence.

Disposition

writ_denied