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TRULY NOLEN EXTERMINATING, INC. v. THOMASSON

No. 89-1738.

554 So.2d 5 (1989)

TRULY NOLEN EXTERMINATING, INC., Petitioner, v. Virginia THOMASSON, Respondent.

District Court of Appeal of Florida, Third District.

December 5, 1989.

Attorney(s) appearing for the Case

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

Fredric M. Garvett, Miami, for respondent.

Before BASKIN, FERGUSON and COPE, JJ.

PER 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 of the information alleged to be protected. § 90.507, Fla. Stat. (1987); Eastern Airlines, Inc. v. Gellert, 431 So...

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