CAROLYN REINHARDT, PETITIONER,
v.
NORTHSIDE MOTORS, INC., D/B/A HOLLYWOOD CHRYSLER PLYMOUTH, RICHARD UBER AND TRAVELERS INDEMNITY COMPANY, RESPONDENTS
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Petitioner challenged a trial court order compelling her to authorize release of her medical records from a California hospital. The Fourth District Court of Appeal held that the trial court improperly compelled execution of a medical authorization instead of requiring respondents to use proper discovery procedures under Florida Rules of Civil Procedure.
A trial court may not compel a party to execute a medical authorization for out-of-state records without first requiring the requesting party to use the discovery procedures available under Florida Rules of Civil Procedure 1.350 (requests for production from parties) or 1.351 (subpoenas to non-parties), or the Uniform Foreign Depositions Law.
[1] A party seeking production of medical records from a non-party located outside the territorial limits of a Florida court's subpoena power must utilize established discove…
[2] A trial court departs from the essential requirements of law by ordering a party to execute a medical authorization for out-of-state records without a showing that such r…
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Join FLexlaw to unlock all legal intelligence“Florida Rule of Civil Procedure 1.350 provides for production of documents in the possession, custody or control of a party to whom the request is directed”
Establishes the proper procedure respondents should have used to obtain documents from petitioner
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Join FLexlaw to unlock all legal intelligenceRespondents sought medical records from Rancho Ensino Hospital in Encino, California. Rather than using formal discovery procedures, respondents' atto…
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DELL, Judge.
Petitioner Carolyn Reinhardt seeks review by petition for writ of certiorari of an order which directed her to furnish respondents with an authorization for release of medical records located at the Rancho Ensino Hospital in Encino, California.
Without requesting production of the medical records pursuant to Rule 1.350, Florida Rules of Civil Procedure, or implementing the procedures provided for by the Uniform Foreign Depositions Law, Section 92.251, Florida Statutes (1983) and its counterpart, Section 2023, Code of Civil Procedure of California, respondents’ attorney mailed petitioner a medical authorization form for the California records and requested that she sign and return it to him. When petitioner failed to return the medical authorization form, respondents moved to compel compliance with their request.
The trial court granted respondents’ motion and provided for an in camera inspection of the records. Respondents argue that since the hospital is beyond the territorial limits of a Florida court’s subpoena powers, they required an order compelling the petitioner to execute a medical authorization for the California records.
We disagree. Florida Rule of Civil Procedure 1.350 provides for production of documents in the possession, custody or control of a party to whom the request is directed: (a) Request; Scope. Any party may request any other party (1) to produce and permit the party making the request, or someone acting in his behalf, to inspect and copy any designated documents, including writings ..., that constitute or contain matters within the scope of Rule 1.280(b) and that are in the possession, custody or control of the party to whom the request is directed; ...
Respondents chose not to utilize the provisions of Rule 1.350.
Alternatively, Florida Rule of Civil Procedure 1.351 provides for production of documents from a person who is not a party by issuance of a subpoena directing production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents. Petitioner correctly points out that Section 2023, Code of Civil Procedure of California authorizes California courts to issue subpoenaes to aid discovery arising from litigation in other states. Respondents made no attempt to obtain the records through the existing means of discovery. Although the procedure attempted by respondents and implemented by the court may be more expedient, it is not provided for under Florida Rules of Civil Procedure. In the absence of a showing that the records could not be obtained by the use of discovery procedures already provided by the Florida Rules of Civil Procedure, the trial court’s order constitutes a departure from the essential requirements of law.
Accordingly, we grant certiorari and quash the trial court’s order. CERTIORARI GRANTED.
DOWNEY, J., concurs.
ANSTEAD, J., dissents without opinion.
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Franklin v. Nationwide Mut. Fire Ins. Co., 566 So. 2d 529 (Fla. 1st DCA 1990)…rmal ex parte communication with petitioner’s physician may be more expedient, that is no reason why the procedures provided for by the statute and the Florida Rules of Civil Procedure should not be followed. See Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985). Rule 1.360 is patterned after essentially identical provisions in rule 35 of the Federal Rules of Civil Procedure, and our construction and application of the Florida rule is consistent with that which has been given the federa…
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Rojas v. Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla. 1994)…with what would be available if the medical provider were within the jurisdiction of Florida. In so ruling, the district court certified conflict with Johnston v. Donnelly, 581 So. 2d 909 (Fla. 2d DCA 1991), and Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985). We accept jurisdiction pursuant to article V, section 3(b)(4), of the Florida Constitution. For the reasons expressed, we approve the district court’s decision in the instant case and harmonize it with Johnston and Reinhardt. I…
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Rojas v. Ryder Truck Rental, Inc., 625 So. 2d 106 (Fla. 3d DCA 1993)…GODERICH, J., concurs. . We acknowledge that a contrary position has been taken by the Second and Fourth Districts and, therefore, certify conflict with Johnston v. Donnelly, 581 So. 2d 909 (Fla.2d DCA 1991) and Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla.4th DCA 1985).…1 / 2
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