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Dean v. Dean

Florida District Courts of Appeal
607 So.2d 494 (1992)


Facts

Barry Krischer was Ruth Dean’s (plaintiff) attorney for her divorce from Roger Dean (defendant). During the divorce proceedings, Roger’s business was burgled and two bags were stolen that contained approximately $40,000 in cash as well as personal belongings of Roger’s daughter. After the theft, an individual contacted Krischer, claiming to have information about the stolen property and seeking legal advice regarding how to return it. Through two personal meetings and another phone call, Krischer advised the individual that turning the property over to an attorney was the best way to proceed. The individual agreed to return the property to Krischer on the condition of anonymity. After their second meeting, two bags containing the personal belongings, but not the cash, were delivered to Krischer’s office. Krischer then turned the property over to the police. Roger’s lawyer served Krischer with a subpoena for a deposition seeking the individual’s identity. Krischer asserted attorney-client privilege at the deposition, and Roger’s lawyer filed a motion to compel Krischer’s testimony. The trial court granted the motion after a hearing, and Krischer appealed.

Rule of Law

Issue

Holding and Reasoning (Farmer, J.)

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