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STATE v. MARKS

Nos. 4D98-1601, 4D98-2715.

758 So.2d 1131 (2000)

STATE of Florida, Appellant, v. Mark MARKS, P.A.; Marvin Mark Marks; Gary Marks; Carl Borgan; Irene Porter; Noreen Roberts; and Denise Beloff, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 15, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Richard L. Polin, Assistant Attorney General, Miami, for appellant.

H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellee Mark Marks, P.A.

Mark Hicks of Hicks & Anderson, P.A., Miami, for appellees Mark Marks and Gary Marks, and Irene Porter, Noreen Roberts and Denise Beloff.

Ira N. Loewy and Edward R. Shohat of Bierman, Shohat, Loewy & Klein, P.A., Miami, for appellee Carl Borgan.

FARMER, J.

The trial judge at one time assigned to this criminal case was required by our mandate to hold an adversarial hearing on whether to apply the crime-fraud exception to the attorney-client privilege to certain communications. Instead of holding an ordinary adversarial hearing with all parties involved, however, the judge engaged in extensive ex parte hearings only with the prosecutors and their investigators, after which he overruled the claim of

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