HERBERT RUPPRECHT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (27 total)

• Poston v. Wiggins, 112 So. 3d 783 (Fla. 1st DCA 2013)
  …Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla.2002). The trial court is charged with balancing the right to broad discovery against an individual’s competing privacy interests to prevent an undue invasion of privacy. See Barker v. Barker, 909 So. 2d 333, 338 (Fla. 2d DCA 2005) (citing Rasmussen v. S. Fla. Blood Serv., Inc., 500 So. 2d 533, 535 (Fla.1987)). Certiorari may be appropriate where a discovery order compels disclosure of medical or other records that infringe upon a party’s constitutional…
• Weaver v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017)
  …well-established in Florida ánd across the country that any privacy rights that might attach to a claimant’s medical information are waived once that information' is placed at issue by filing a medical malpractice claim. See, e.g., Barker v. Barker, 909 So. 2d 333, 337 (Fla. 2d DCA 2005); Andreatta v. Hunley, 714 N.E. 2d 1154, 1157 (Ind. Ct. App. 1999). Thus, by filing the medical malpractice lawsuit, the decedent’s medical condition is at issue. Weaver, 170 So. 3d at 883. At no point did the district court…
• State Farm Mut. Auto. Ins. Co. v. Knapp, 234 So. 3d 843 (Fla. 5th DCA 2018)
  ….A. v. Forbes, 34 So. 3d 209, 212 (Fla. 2d DCA 2010). This Court first examines prongs two and three to determine its certiorari jurisdiction. See Holden Cove, Inc. v. 4 Mac Holdings Inc., 948 So. 2d 1041, 1041 (Fla. 5th DCA 2007); Barker v. Barker, 909 So. 2d 333, 336 (Fla. 2d DCA 2005), rev. denied, 914 So. 2d 952 (Fla. 2005). If jurisdictional prongs- two' and three are not fulfilled, we are bound to dismiss the petition. See Capital One, N.A., 34 So. 3d at 212. Certiorari is the appropriate vehicle to re…