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Truly Nolen Exterminating v. Thomasson

District Court of Appeal of Florida, Third District
Dec 5, 1989
554 So. 2d 5 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-1738.

December 5, 1989.

Touby, Smith, Demahy Drake and Kenneth R. Drake, Miami, for petitioner.

Fredric M. Garvett, Miami, for respondent.

Before BASKIN, FERGUSON and COPE, JJ.


A failure to assert a work-product privilege at the earliest opportunity, in response to a discovery motion, does not constitute a waiver of the privilege so long as the privilege is asserted by a pleading, to the trial court, before there has been an actual disclosure of the information alleged to be protected. § 90.507, Fla. Stat. (1987); Eastern Airlines, Inc. v. Gellert, 431 So.2d 329 (Fla. 3d DCA 1983); Insurance Co. of N. Am. v. Noya, 398 So.2d 836 (Fla. 5th DCA 1981).

Certiorari is granted. The order compelling disclosure is quashed and the cause is remanded for further proceedings.


Summaries of

Truly Nolen Exterminating v. Thomasson

District Court of Appeal of Florida, Third District
Dec 5, 1989
554 So. 2d 5 (Fla. Dist. Ct. App. 1989)
Case details for

Truly Nolen Exterminating v. Thomasson

Case Details

Full title:TRULY NOLEN EXTERMINATING, INC., PETITIONER, v. VIRGINIA THOMASSON…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 5, 1989

Citations

554 So. 2d 5 (Fla. Dist. Ct. App. 1989)

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