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House v. Scharmen

District Court of Appeal of Florida, First District
May 21, 2008
981 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D07-1578.

May 21, 2008.

Pamela L. Foels and Keef F. Owens of Zimmerman, Riser Sutcliffe, P.A., Orlando, for Appellants.

John W. Wesley of Wesley, McGrail Wesley, Ft. Walton Beach; and David A. McCranie of David A. McCranie, P.A., Orange Park, for Appellee.


The Employer/Carrier appeal the JCC's final order, which found the E/C failed to provide Claimant with notice of his rights under Florida's workers' compensation law. Based on this finding, the JCC concluded the E/C was estopped from asserting the statute of limitation defense.

On appeal, the E/C argue the JCC abused her discretion by denying them the opportunity to depose Claimant's counsel to determine whether counsel informed Claimant of the applicable statute of limitations, thereby providing Claimant with actual knowledge. We agree. Accordingly, we reverse and remand for additional proceedings.

It is well-established that no privilege attaches to attorney-client communications consisting of non-privileged information or the attorney's recitation of statutory language. See Kilbourne Sons v. Kilbourne, 677 So.2d 855 (Fla. 1st DCA 1995) (finding non-privileged attorney communication to client reciting statutory language and advising of statutory work search requirements); Watkins v. State, 516 So.2d 1043 (Fla. 1st DCA 1987) (finding non-privileged attorney's testimony regarding advising client of trial dates).

An attorney's communication of the applicable statute of limitation to a client is mere recitation of statutory language. Consequently, it is not privileged. The E/C's case depended on presenting evidence showing Claimant had actual knowledge of the applicable statute of limitation. Because the information sought was not privileged, there is no reason to prevent the E/C from obtaining this evidence and presenting it to the JCC. Such evidence was crucial to a correct resolution of the case. In fact, it may be dispositive as to this issue. The JCC abused her discretion by preventing the E/C from questioning Claimant's attorney to obtain this information.

The final order is REVERSED and the case REMANDED for proceedings consistent with this opinion.

BARFIELD and WOLF, JJ., concur.


Summaries of

House v. Scharmen

District Court of Appeal of Florida, First District
May 21, 2008
981 So. 2d 1266 (Fla. Dist. Ct. App. 2008)
Case details for

House v. Scharmen

Case Details

Full title:WAFFLE HOUSE and Brentwood Service Administrators, Inc., Appellants, v…

Court:District Court of Appeal of Florida, First District

Date published: May 21, 2008

Citations

981 So. 2d 1266 (Fla. Dist. Ct. App. 2008)