TERRY LEE WHITTAKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Loomis v. Dimitrios Kaplaneris and Georgia Kaplaneris, 519 So. 2d 1058 (Fla. 2d DCA 1988)
  …h the action is pending may order the party to submit to a physical or mental examination by a physician or to produce the person in his custody or legal control for examination. The term “physician” was given strict construction in Barry v. Barry, 426 So. 2d 1229 (Fla. 4th DCA 1983), wherein the court refused to permit an examination by a “vocational rehabilitative counselor.” Although a psychologist may in some instances be qualified to give opinion testimony about subjects classifiable as “medical”; see, e…
• Ellis Landrum v. Armstrong World Indus., Inc., 535 So. 2d 656 (Fla. 3d DCA 1988)
  …not compel alleged libeled party to submit to mental examination under rule 1.360(a) even where broadcaster contended that party’s mental condition had become critical element in defense of lawsuit), aff'd, 467 So. 2d 282 (Fla.1985); Barry v. Barry, 426 So. 2d 1229 (Fla. 4th DCA 1983) (trial court’s order requiring examination by vocational rehabilitative counselor under rule 1.360(a) constituted departure from essential requirements of law). Finally, I think it is unseemly to permit this order to stand. The…

Authorities Cited

• State v. Grant, 392 So. 2d 1362 (Fla. 4th DCA 1981)