Legal Opinion

Truly Nolen Exterminating, Inc. v. Thomasson

District Court of Appeal of Florida

Decided December 5, 1989No. 89-1738PublishedCited by 5 opinions

1Opinion of the Court

554 So.2d 5 (1989)

TRULY NOLEN EXTERMINATING, INC., Petitioner,

v.

Virginia THOMASSON, Respondent.

No. 89-1738.

District Court of Appeal of Florida, Third District.

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.

2Per curiam

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…

3Cases cited2 opinions

  1. Eastern Air Lines, Inc. v. GellertDistrict Court of Appeal of Florida · 1983
  2. Insurance Co. of N. America v. NoyaDistrict Court of Appeal of Florida · 1981

4Cited by5 opinions

  1. Palm Beach County School Bd. v. MorrisonDistrict Court of Appeal of Florida · 1993
  2. Liberty Mut. Ins. v. Lease America, Inc.District Court of Appeal of Florida · 1999
  3. Morgan v. TracyDistrict Court of Appeal of Florida · 1992
  4. Federal Insurance Co. v. HallDistrict Court of Appeal of Florida · 1998
  5. OWNERS INSURANCE CO. v. JAMES A. ARMOUR, INDIVIDUALLY AND AS TRUSTEE OF THE BAY SHORE RD TRUSTDistrict Court of Appeal of Florida · 2020

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