Riverwalk Tower, LLC, and Feldman Equities, LLC v. Riverwalk Tower Investment–Intown, LLC
The Second District granted certiorari and quashed discovery orders that compelled production of allegedly privileged and trade-secret material without an in camera review and without any findings addressing the objections. The court reaffirmed that disclosure of 'cat out of the bag' protected material causes irreparable harm reviewable by certiorari, and that trial courts must conduct in camera inspection and make supporting findings before ordering disclosure.
Key facts
- The parties settled a prior lawsuit over a high-rise Tampa construction project; the Settlement Agreement set three payments from Petitioners to Respondent, a former codeveloper.
- Respondent sued for breach of contract alleging conditions precedent to the final two payments had occurred, then served extensive document requests.
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Holdings
- When a party objects that requested documents are protected by privilege or as trade secrets, the trial court must conduct an in camera inspection before ordering disclosure; failing to do…
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Why it matters
A practical reminder for Florida civil litigators that trial courts cannot summarily compel production over trade-secret or privilege objections. The decision reinforces the two-step requirement—in camera review… — full analysis with a trial
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