Minakan v. Husted » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Minakan v. Husted

Minakan v. Husted

Case Date: 01/20/2010
Citation: Minakan v. Husted, 27 So. 3d 695 (Fla. 4th DCA 2010) (per curiam)
Court Type: District Court of Appeal
Court: Fla. 4th DCA
Judge: Judge: Per Curiam
Issues:

In a marriage dissolution case, the husband claimed his wife hacked into his email and forwarded an email protected by attorney-client privilege. The husband moved to disqualify his wife’s attorney, and the trial court granted the disqualification. The wife filed a petition for writ of certiorari.

Resolution:

The Court granted the wife’s petition for certiorari, because the trial court did not hear the wife’s testimony or allow her to present evidence before disqualifying her attorney. The Court remanded the case back to the trial court to determine whether the husband treated his email as confidential and whether the wife gained an unfair advantage in discovering the email.

Relevant Documents:

Decision

E-Discovery Issues: Motion to Disqualify, Waiver of Privilege
E-discovery Tags: Clawback, Communication/Cooperation, Possession or Control, Privilege
E-discovery subjects: Email

Published: January 19th, 2018

Category: Uncategorized


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