Time Warner, Inc. v. Gadinsky

SCHWARTZ, Chief Judge.

It is clear that memoranda from the writer of an allegedly offending article to his superiors submitted to prepare a response to a notice served on the publication pursuant to section 770.01, Florida Statutes (1991) were created in anticipation of the litigation specifically threatened by the notice itself, and which in fact ensued thereafter in the present action for libel. The documents are therefore protected by the work product privilege. See DeBartolo-Aventura, Inc. v. Hernandez, 638 So.2d 988 (Fla. 3d DCA 1994); Anchor Nat’l Fin. Servs., Inc. v. Smeltz, 546 So.2d…