Greenberg Traurig Hoffman Lipoff Rosen & Quentel v. Bolton

706 So. 2d 97 (1998)

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Greenberg Traurig Hoffman Lipoff Rosen & Quentel v. Bolton

Florida District Court of Appeal
706 So. 2d 97 (1998)

Facts

David Bolton (defendant) obtained a final judgment against Marie Buscemi. To execute the final judgment, Bolton needed to serve Buscemi with a notice-of-deposition. After several unsuccessful service attempts, Bolton discovered that Buscemi was represented by Greenberg Traurig Hoffman Lipoff Rosen & Quentel, P.A. (Greenberg Traurig) (plaintiff) for an unrelated pending litigation. Bolton served the notice-of-deposition on Greenberg Traurig along with a subpoena seeking information about Buscemi’s whereabouts and assets. The information Bolton sought regarding Buscemi’s assets was not privileged or confidential, but it was being held by Greenberg Traurig at the time Bolton issued the subpoena. Greenberg Traurig challenged, arguing that (1) it could not be forced to accept service of Bolton’s notice-of-deposition on Buscemi’s behalf because its retainer with Buscemi did not cover Bolton’s action; and (2) the subpoena should be quashed because it demanded personal and financial information protected by attorney-client privilege. The trial court quashed the subpoena but ordered Greenberg Traurig to accept service of the notice-of-deposition on Buscemi’s behalf. Bolton and Greenberg Traurig both appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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