MARTIN CONDON AND CHRISTINE CONDON, ETC., PETITIONERS,
v.
COMMUNITY PSYCHIATRIC CENTERS, ETC., ET AL., RESPONDENTS

Fla. 4th DCA | 1991-08-28
No. 91-1412
HERSEY, STONE and POLEN, JJ., concur.
583 So. 2d 1123 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant certiorari and quash the trial court order compelling the petitioners to authorize the release of out of state medical records. The respondents served subpoenas duces tecum (without scheduling depositions) upon out of state health care providers. The petitioners have objected. The respondents have not shown that the medical records could not be otherwise obtained by the use of available discovery. Cf. Wilson v. Rodriguez, 547 So. 2d 196 (Fla. 4th DCA 1989); Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985); Johnston v. Donnelly, 581 So. 2d 909 (Fla. 2d DCA 1991).

HERSEY, STONE and POLEN, JJ., concur.


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  • Hoffmann v. The Resolution Tr. Corp., 636 So. 2d 865 (Fla. 4th DCA 1994)
    …a medical release authorization where respondents failed to show that the records could not be obtained through the use of discovery procedures otherwise available under the Florida Rules of Civil Procedure. Condon v. Community Psychiatric Centers, 583 So. 2d 1123 (Fla. 4th DCA 1991); Wilson v. Rodriguez, 547 So. 2d 196 (Fla. 4th DCA 1989); Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985); Johnston v. Donnelly, 581 So. 2d 909 (Fla. 2d DCA 1991). Of course, this holding does not preclude…

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