THERESA ANN TRUESDALE, PETITIONER,
v.
GARY A. LANDAU, ET AL., RESPONDENTS
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Certiorari granted; circuit court's order prohibiting a court reporter from attending an independent medical examination was improper because the defendant made no showing that the reporter's presence would prevent fair examination.
A party undergoing a compulsory independent medical examination may have a court reporter present absent a specific showing by the examining party that the reporter's presence would prevent fair or able performance of the examination.
[1] A party seeking to exclude a third party, including a court reporter, from a compulsory independent medical examination must make a specific showing that the third party'…
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Join FLexlaw to unlock all legal intelligence“Yellow Cab failed to prove any valid reason to prohibit the presence of a third party (the court reporter) at the compulsory physical examination.”
Court's explanation for why the circuit court's order was improper
Yellow Cab Company sought to prohibit Truesdale from having a court reporter present during a compulsory independent medical examination. The circuit …
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W. SHARP, Judge.
Truesdale seeks certiorari review of the circuit court’s order granting the motion of Yellow Cab Company of Orlando, Inc. to prohibit interference with an independent medical examination of Truesdale. In essence, the circuit court's order required that the independent medical examination of Truesdale take place without the presence of a court reporter. Because Yellow Cab made no showing below why the examination could not be fairly or ably performed in the presence of the court reporter, we grant the writ.
In issuing his order, the judge relied upon his general belief that the presence of a court reporter at a compulsory medical examination (albeit at the to-be-examined party’s request) had a chilling effect upon the physicians and that there is a diminishing number of physicians willing to perform such examinations. Yellow Cab failed to prove any valid reason to prohibit the presence of a third party (the court reporter) at the compulsory physical examination. Therefore, the court’s ruling is contrary to the established precedent in this district and elsewhere. See Stakley v. Allstate Insurance Co., 547 So. 2d 275 (Fla. 2d DCA 1989); High v. Burrell, 509 So. 2d 385 (Fla. 5th DCA 1987). We grant Trues-dale’s petition and quash the order under review.
Petition GRANTED.
DAUKSCH and COBB, JJ., concur.
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Citator
Cited By (11 total)
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Taylor v. State, 601 So. 2d 540 (Fla. 1992)…, Justice. We have for review Taylor v. State, 579 So. 2d 405 (Fla. 5th DCA 1991), in which the Fifth District Court of Appeal issued a per curiam affirmance based on the authority of State v. Williams, 576 So. 2d 281 (Fla.1991); Lipscomb v. State, 573 So. 2d 429 (Fla. 5th DCA) (en banc), dismissed, 581 So. 2d 1310 (Fla.1991); and Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990), quashed, 586 So. 2d 1058 (Fla.1991). We grant jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution…
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Wilkins v. Palumbo, 617 So. 2d 850 (Fla. 2d DCA 1993)…ly requested the attendance of a court reporter at the IME. The appellate courts have generally held that a plaintiff is entitled to have a court reporter at an examination. Collins v. Skinner, 576 So. 2d 1377 (Fla.2d DCA 1991); Truesdale v. Landau, 573 So. 2d 429 (Fla. 5th DCA 1991); Stakley v. Allstate Insurance Co., 547 So. 2d 275 (Fla. 2d DCA 1989); Gibson v. Gibson, 456 So. 2d 1320 (Fla. 4th DCA 1984). A court reporter is trained to be unobtrusive. A professional reporter does [*853] not attempt to parti…1 / 2
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King v. State, 648 So. 2d 183 (Fla. 1st DCA 1994)…89). A 6-1 majority approved it in Dewberry v. State, 546 So. 2d 409 (Fla.1989). In Hamilton v. State, 548 So. 2d 234 (Fla.1989) a 5-2 majority again held that factors relating to violations of probation cannot support departure. Lipscomb v. State, 573 So. 2d 429, 431 (Fla. 5th DCA 1991). Looked at one way, when a probationary split sentence is imposed the original term of confinement is always the maximum allowed by statute. In other words, in originally specifying a period of confinement, the trial court…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stakley v. Allstate Ins. Co., 547 So. 2d 275 (Fla. 2d DCA 1989)
- High v. Allean Burrell, 509 So. 2d 385 (Fla. 5th DCA 1987)