TRULY NOLEN EXTERMINATING, INC., PETITIONER,

v.

VIRGINIA THOMASSON, RESPONDENT

Citator

Cited By

• Palm Beach Cnty. Sch. Bd. & Terry Andrews v. Morrison, 621 So. 2d 464 (Fla. 4th DCA 1993)
  …privilege at the earliest opportunity did not constitute a waiver of the privilege because it was asserted before there was an actual disclosure of the information for which he claims the privilege. See Truly Nolen Exterminating, Inc. v. Thomasson, 554 So. 2d 5 (Fla. 3d DCA 1989), rev. dismissed, 558 So. 2d 20 (Fla.1990). The waiver provision contained in section 90.507, Florida Statutes (1991)2 does not apply to the instant case because Andrews has neither voluntarily disclosed nor consented to the disclo…
• Liberty Mut. Ins. Co. v. Lease Am., Inc., 735 So. 2d 560 (Fla. 4th DCA 1999)
  …assertions of privilege and the stipulated order to refer the matter to a special master. Generally, the initial failure to make a claim for privilege does not result in the waiver of the privilege. Cf. Truly Nolen Exterminating, Inc. v. Thomasson, 554 So. 2d 5, 5-6 (Fla. 3d DCA 1989)(failure to assert work-product privilege at earliest opportunity does not constitute waiver “so long as the privilege is asserted by a pleading, to the trial court, before there has been an actual disclosure of the informatio…
• Morgan v. Tracy, 604 So. 2d 15 (Fla. 4th DCA 1992)
  …titioner’s prior disclosure of the expert’s written report constituted a waiver of the work product privilege as to the facts known and opinions held by the expert that were not previously disclosed. See Truly Nolen Exterminating, Inc. v. Thomasson, 554 So. 2d 5 (Fla. 3d DCA 1989), rev. dismissed, 558 So. 2d 20 (Fla.1990); Eastern Air Lines, Inc. v. Gellert, 431 So. 2d 329 (Fla. 3d DCA 1983). We also conclude that petitioners’ initial listing of the expert on their trial witness list did not constitute a…

Authorities Cited

• L.B.K., Inc. v. Union Indem. Ins. Co., 431 So. 2d 329 (Fla. 3d DCA 1983)
• Ins. Co. OF N. Am. v. Noya, 398 So. 2d 836 (Fla. 5th DCA 1981)