Florida District Courts of Appeal, 1995

Future Medical Technologies International, Inc. v. Sanders

Future Medical Technologies International, Inc. v. Sanders
Florida District Courts of Appeal · Decided March 22, 1995 · Farmer, Klein, Polen
651 So. 2d 250; 1995 Fla. App. LEXIS 2830; 1995 WL 119237 (Southern Reporter, Second Series)

Future Medical Technologies International, Inc. v. Sanders

Opinion of the Court

PER CURIAM.

Petitioner seeks certiorari review of an order requiring production of information which petitioner claims is privileged. The trial court stayed its order of production so that petitioner could seek relief in this court; however, while the petition was pending in this court the parties went to trial without the information having been produced. We conclude that by proceeding to trial without production respondent waived the right to have the information produced. We therefore dismiss the petition as moot, without prejudice to the right of either party to seek appellate review as to this issue, should it be relevant to any future litigation.

POLEN, FARMER and KLEIN, JJ., concur.

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