Procacci v. Seitlin
| Decision Date | 18 November 1986 |
| Docket Number | No. 86-2156,86-2156 |
| Parties | 11 Fla. L. Weekly 2419 Pasquale PROCACCI, Petitioner, v. Sam SEITLIN, Respondent. |
| Court | Florida District Court of Appeals |
Ruden, Barnett, McClosky, Schuster & Russell and Gill S. Freeman, Miami, for petitioner.
Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel and Alan T. Dimond and Raquel A. Rodriguez, Miami, for respondent.
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
While the client, the petitioner Procacci, waived his attorney-client privilege as to a particular real estate transaction by suing his attorney for malpractice in the conduct of that transaction, see § 90.502(4)(c), Fla.Stat. (1985), and by voluntarily disclosing the substance of the communications as to that matter in the instant suit against the other party to the transaction, the respondent Seitlin, see Hoyas v. State, 456 So.2d 1225, 1228 (Fla. 3d DCA 1984) (), it is clear that the "waiver is limited to the communications or subjects in question." In re Estate of Marden, 355 So.2d 121, 127 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 833 (Fla.1978).
We find no legal basis, therefore, for the order below, which held that the privilege had been waived as to communications made during any other aspect of the lengthy attorney-client relationship between Procacci and his lawyer. See Goldman, Sachs & Co. v. Blondis, 412 F.Supp. 286, 288 (N.D.Ill.1976) (); Perrignon v. Bergen Brunswig Corp., 77 F.R.D. 455, 461 (N.D.Cal.1978) (); United States v. Monti, 100 F.Supp. 209, 214 (E.D.N.Y.1951) (); Eastern Air Lines, Inc. v. Gellert, 431 So.2d 329, 332 (Fla. 3d DCA 1983) (...
To continue reading
Request your trial
-
Paradise Divers, Inc. v. Upmal
...communications only to the extent that they are relevant to the communication already disclosed"); see also Procacci v. Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986)(citing cases regarding limited waiver). The limited waiver made by Paradise on the subject of maintenance and cure does not const......
-
S & I Investments v. Payless Flea Market, 4D08-3478.
...communications with the attorney, the client waives the attorney-client privilege as to those subjects disclosed. See Procacci v. Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986). A client may voluntarily disclose confidential communications through testimony. See, e.g., Doe v. Maret, 984 P.2d 980......
-
Chomat v. Northern Ins. Co. of New York
...issue: the opinion of counsel that "the case, if tried before a jury, would result in a verdict of liability." See Procacci v. Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986). We conclude that the privilege has been waived to the extent stated, but is not a general waiver regarding other issues. ......
-
Coyne v. Schwartz, Gold, Cohen, Zakarin & Kotler, P.A., 97-4069
...resulted in the malpractice action, and not to any other aspects of the relationship between client and attorney. Procacci v. Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986). See also Reed v. State, 640 So.2d 1094 (Fla.1994)(holding privilege was waived only as to matters specifically at issue in......
-
Civil litigation
...client, the attorney is permitted to reveal confidential information so far as it is necessary to defend himself. [ Procacci v. Seitlin , 497 So. 2d 969 (Fla. 3d DCA 1986).] [§§1:24-1:29 Reserved] II. REVIEWING AND ACCEPTING CASES §1:30 The Initial Client Interview There is basic informatio......
-
6-2 Applicability
...v. State, 640 So. 2d 1094 (Fla. 1994) (waiving privilege only as to matters specifically at issue in court action); Procacci v. Seitlin, 497 So. 2d 969 (Fla. 3d Dist. Ct. App. 1986) (finding that exception applies only to a particul ar transaction which resulted in malpractice and not to an......