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S & I INVESTMENTS v. PAYLESS FLEA MARKET

No. 4D08-3478.

10 So.3d 699 (2009)

S & I INVESTMENTS, a Florida General Partnership and Ilene Richmond, individually, Petitioners, v. PAYLESS FLEA MARKET, INC., Respondent.

District Court of Appeal of Florida, Fourth District.

May 27, 2009.

Attorney(s) appearing for the Case

Eric L. Stettin of Kuvin & Stettin, LLC, Fort Lauderdale, for petitioners.

Stephen Rakusin of The Rakusin Law Firm, A Professional Association, Fort Lauderdale, for respondent.

WARNER, J.

The question presented in this petition for certiorari is whether a client waives the attorney-client privilege when she is deposed by her former attorney in litigation between them, and the deposition is now sought by a third party. We hold that the client has waived the privilege.

Respondent Payless sued petitioners S & I1 and Richmond (a general partner of S & I) in Broward Circuit Court in 2007 seeking damages...

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