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TENET HEALTHCARE CORP. v. HIALEAH-MIAMI SPRINGS MEDICAL FUND

No. 3D00-180.

761 So.2d 1140 (2000)

TENET HEALTHCARE CORPORATION, Tenet Healthcare Medical, Inc., Lifemark Hospitals, Inc., and Lifemark Hospitals of Florida, Inc., Petitioners, v. HIALEAH-MIAMI SPRINGS MEDICAL FUND, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 26, 2000.

Attorney(s) appearing for the Case

Holland & Knight and Daniel S. Pearson, Peter Prieto and Ilene L. Pabian, Miami; Hunton & Williams and Marty Steinberg and Stephen Stallings, Miami, for petitioners.

Aragon, Burlington, Weil & Crockett and Paul J. Schwiep, Miami; Jorden Burt Boros Cicchetti Berenson & Johnson and Richard J. Ovelmen and Enrique D. Arana, Miami, for respondent.

Before COPE, GREEN and SORONDO, JJ.

PER CURIAM.

We deny the petition for writ of certiorari. We entirely agree with the trial court that, based on the pleadings and factual record developed in this case, there has been a waiver of privilege through issue injection. See Hearn v. Rhay, 68 F.R.D. 574, 581 (E.D.Wash.1975); Home Ins. Co. v. Advance Mach. Co., 443 So.2d 165, 168 (Fla. 1st DCA 1983). In view of the approaching trial date and the thorough and...

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