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KRISCHER v. D'AMATO

No. 96-0097.

674 So.2d 909 (1996)

Barry E. KRISCHER, State Attorney for Palm Beach County, and Shirley Deluna, Assistant State Attorney, and USAA Casualty Insurance Company, Petitioners, v. Arthur D'AMATO and Mary Lou D'Amato, Respondents.

District Court of Appeal of Florida, Fourth District.

June 5, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for petitioners.

Guy E. Burnette, Jr. and William L. Wallis of Butler, Burnette & Pappas, Tampa, for petitioner-USSA Casualty Insurance Company.

Randall W. Henley of Henley & Brabham, P.A., West Palm Beach, for respondents.

WARNER, Judge.

Petitioner brings this writ of certiorari from an order of the circuit court for Palm Beach County contending that the trial court departed from the essential requirements of law by determining that an assistant state attorney is not a "law enforcement officer as defined under F.S. 111.065(1)" and thus any information that the assistant state attorney obtained from petitioner insurance company during the arson prosecution was not privileged or confidential...

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