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Tenet Healthcare Corp. v. Hialeah-Miami Springs Medical Fund

Citations: 761 So. 2d 1140; 2000 Fla. App. LEXIS 4712; 2000 WL 485057Docket: No. 3D00-180

Court: District Court of Appeal of Florida; April 20, 2000; Florida; State Appellate Court

Narrative Opinion Summary

The petition for writ of certiorari is denied. The court fully concurs with the trial court’s determination that privilege has been waived due to issue injection, referencing relevant case law from Hearn v. Rhay and Home Ins. Co. v. Advance Mach. Co. Given the imminent trial date and the competent arguments presented by both parties, the court will not consider any motion for rehearing.

Legal Issues Addressed

Denial of Motion for Rehearing

Application: The court will not entertain any motion for rehearing given the imminent trial date and the arguments already presented.

Reasoning: Given the imminent trial date and the competent arguments presented by both parties, the court will not consider any motion for rehearing.

Denial of Petition for Writ of Certiorari

Application: The court denies the petition for writ of certiorari, indicating agreement with the lower court's judgment.

Reasoning: The petition for writ of certiorari is denied.

Waiver of Privilege Due to Issue Injection

Application: Privilege is deemed waived in this case because the issue was injected into the matter, aligning with precedents set in Hearn v. Rhay and Home Ins. Co. v. Advance Mach. Co.

Reasoning: The court fully concurs with the trial court’s determination that privilege has been waived due to issue injection, referencing relevant case law from Hearn v. Rhay and Home Ins. Co. v. Advance Mach. Co.