TIME WARNER, INC. v. GADINSKY

No. 94-764.

639 So.2d 176 (1994)

TIME WARNER, INC., American Lawyer Media Limited Partnership and Mark Dillon, Petitioners, v. Edward GADINSKY and Karen Sanzo, Respondents.

District Court of Appeal of Florida, Third District.

July 5, 1994.


Attorney(s) appearing for the Case

Joseph P. Averill, Miami, Cahill Gordon & Reindel and Floyd Abrams and Eric Hellerman and Jonathan Sherman, New York City, for petitioners.

Starkman & Magolnick and Jay Starkman and A. Jacqueline del Cristo, Miami, for respondents.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.


SCHWARTZ, Chief Judge.

It is clear that memoranda from the writer of an allegedly offending article to his superiors submitted to prepare a response to a notice served on the publication pursuant to section 770.01, Florida Statutes (1991) were created in anticipation of the litigation specifically threatened by the notice itself, and which in fact ensued thereafter in the present action for libel. The documents are therefore protected by the work product privilege...

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