ELVIRA REYNOLDS, INDIVIDUALLY, AND AS LEGAL GUARDIAN OF SHEENA REYNOLDS, A MINOR, PETITIONER,
v.
DADE COUNTY SCHOOL BOARD AND YMCA OF GREATER MIAMI, RESPONDENTS
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PER CURIAM.
ON PETITION FOR WRIT OF CERTIORARI
We grant petitioner’s request for a writ of certiorari, and quash the order granting defendant’s motion to compel an additional psychological evaluation. See Doral Country Club, Inc. v. Duncan, 598 So. 2d 194 (Fla. 3d DCA 1992); Motor Union Orion Ins., Co. v. Levenson, 153 So. 2d 852 (Fla. 3d DCA 1963). A review of the record demonstrates that “good cause for the examination” has not been shown, Fla. R.Civ.P. 1.360(a)(2); see Williams v. Williams, 550 So. 2d 166, 167 (Fla. 2d DCA 1989) (“to show ‘good cause’ for the examination, it must be demonstrated that expert medical testimony is necessary to resolve the issue.”); Anderson v. Anderson, 470 So. 2d 52 (Fla. 4th DCA 1985); thus, the order compelling the examination constitutes a departure from the essential requirements of law.
Certiorari granted; order quashed.
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Art Silvestrone v. Edell, 721 So. 2d 1173 (Fla. 1998)…h Peat, Marwick, Mitchell & Co. v. Lane, 565 So. 2d 1323 (Fla.1990); however, Peat, Marwick is distinguishable because it involves transactional malpractice. We disagree with the Fourth District Court of Appeal in Roger Zitrin, M.D., P.A. v. Glaser, 621 So. 2d 748 (Fla. 4th DCA 1993), that Peat, Maiwick involves litigation-related malpractice. . For instance, a judgment becomes final either upon the expiration of the time for filing an appeal or postjudgment motions, or, if an appeal is taken, upon the appea…
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Segall v. Segall, 632 So. 2d 76 (Fla. 3d DCA 1993)…completed on appellate review because, until that time, one cannot determine if there was any actionable error by the attorney.” Peat, Marwick, Mitchell & Co. v. Lane, 565 So. 2d 1323, 1325 (Fla.1990) (citations omitted); see also Zitrin v. Glaser, 621 So. 2d 748, 749 (Fla. 4th DCA 1993) (in cases such as Peat, Marwick that involve “litigational malpractice,” [*78] or errors committed in course of litigation, existence of redressable harm not determined until appeal complete); Haghayegh v. Clark, 520 So. 2d…1 / 2
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Coble v. Aronson, 647 So. 2d 968 (Fla. 4th DCA 1994)…m caused by errors within active litigation could not be determined where the allegedly aggrieved party settled the underlying litigation or in another way did not complete the appellate process. As this court stated in Zitrin, M.D., P.A. v. Glaser, 621 So. 2d 748, 749 (Fla. 4th DCA 1993), those cases “involve ‘litigational malpractice,’ or errors committed in the course of litigation that might be changed on appeal. In those eases the existence of negligence is not determined until the appeal is complete.” I…
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- Williams v. Williams, 550 So. 2d 166 (Fla. 2d DCA 1989)
- Motor Union (Aviation) Orion Ins. Co., Ltd. v. Franklyn Levenson, 153 So. 2d 852 (Fla. 3d DCA 1963)
- Loudermilk v. Scobie, 470 So. 2d 52 (Fla. 3d DCA 1985)
- Anderson v. Anderson, 470 So. 2d 52 (Fla. 4th DCA 1985)
- Doral Country Club, Inc. v. Duncan, 598 So. 2d 194 (Fla. 3d DCA 1992)