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The Florida Bar Journal
Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer’s Privilege Claims

by F. Malcolm Cunningham, Jr., and Amy L. Fischer
The revised opinion of the Fourth District Court of Appeal in State Farm Florida Ins. Co. v. Aloni, 101 So. 3d 412 (Fla. 4th DCA 2012), illustrates the conflict among Florida’s district courts in analyzing the application of privileges to an insurer’s claim file in a coverage action by an insured. Courts uniformly recognize that work product must be produced “in anticipation of litigation” for an attorney work product privilege to arise; however, Florida courts have differed in their analysis of that standard in the context of defining when an insurer’s claim file is subject to discovery in a coverage action....

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President’s Page
Thinking About Tomorrow’s Lawyers Today
by Gwynne A. Young

Letters

City, County and Local Government
The Dissolution of the Town of Cedar Grove
by Terrell K. Arline

Real Property, Probate and Trust Law
Trusts: TBE or Not TBE
by R. Craig Harrison

Family Law
Florida’s Psychotherapist-Patient Privilege in Family Court
by Bruce G. Borkosky and Mark S. Thomas

Administrative Law
Writing and Challenging Emergency Orders, Part II
by Gar Chisenhall

Environmental and Land Use Law
The Importance of the Water-Energy Nexus in Florida’s Future
by Keri-Ann C. Baker and Seth C. Behn

Make Plans to Attend the
2013 Annual Convention
June 26-29, 2013
Boca Raton, Florida










May 2013
Volume 87, No. 5
The Right to Recover “Fees for Fees” Based on a Contractual Prevailing Party Fee Provision — by Adam G. Rabinowitz and Beverly A. Pohl (Apri)

The Mediation Privilege — Marcia S. Cohen (April)

Retaining Federal Jurisdiction Over Settlement Agreements After Shaz — Andrew L. Adler and Brian W. Toth (April)


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[Revised: 06-17-2013]