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Court erred in ruling that party waived work product and attorney-client privilege objections to discovery request by not filing privilege log.  [Added 4/26/13]

    Respondent served Petitioner with a discovery request.  Petitioner raised privilege and non-privilege objections to the request, but did not file a privilege log.  The trial court ruled that Petitioner had waived the right to raise work product and attorney-client privilege objections because it failed to file a privilege log.  Petitioner sought a writ of certiorari from the Fourth DCA.

    The appellate court granted the petition for certiorari.  Petitioner was not obligated to file a privilege log on claims that included non-privilege objections.  The court had not yet ruled on the non-privilege objections.  “Thus, Petitioner did not have a duty to file a privilege log for those items on which other objections were raised until the court had determined that those items were otherwise discoverable.  Accordingly, Petitioner did not waive its right to assert privilege on the items described by failing to file a privilege log, because the time for filing the log was tolled until the court ruled on the other objections.”  DLJ Mortgage Capital, Inc. v. Fox, __ So.3d __ (Fla. 4th DCA, No. 4D12-2264, 4/24/2013).

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