Opinion
Case No. 3D00-180.
Opinion filed April 20, 2000. January Term, A.D. 2000.
On petition for Writ of Certiorari from the Circuit Court for Dade County, Thomas W. Wilson, Judge, L.T. No. 97-11721.
Holland Knight and Daniel S. Pearson, Peter Prieto and Ilene L. Pabian; Hunton Williams and Marty Steinberg and Stephen Stallings, for petitioners.
Aragon, Burlington, Weil Crockett and Paul J. Schwiep; Jorden Burt Boros Cicchetti Berenson Johnson and Richard J. Ovelmen and Enrique D. Arana, for respondent.
Before COPE, GREEN and SORONDO, JJ.
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 able presentation by both sides in this court, no motion for rehearing will be entertained.
Certiorari denied.