ALLISON TEMARES, PETITIONER,
v.
SCOTT TEMARES, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Allison Temares sought to quash trial court orders requiring her to undergo psychological evaluation and substance abuse testing in a family law matter involving contempt and time-sharing enforcement. The appellate court granted the petition, holding that compulsory psychological and drug testing under Florida Rule of Civil Procedure 1.360(a) requires both that the condition be "in controversy" and that "good cause" be demonstrated by the party requesting the testing.
The trial court's orders requiring compulsory psychological evaluation and substance abuse testing must be quashed because neither the "in controversy" nor "good cause" prongs of Rule 1.360(a)(2) were satisfied. The party seeking compulsory examination bears the burden of making an affirmative showing that each condition is truly in controversy and that good cause exists for the examination, and conclusory allegations alone are insufficient.
[1] Compulsory psychological evaluation or drug testing is authorized only when the party submitting the request has good cause for the examination.
[2] A party seeking compulsory examination must satisfy both the "in controversy" and "good cause" prongs with an affirmative showing.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“compulsory psychological evaluation or drug testing under rule 1.360(a) "is authorized only when the party submitting the request has good cause for the examination."”
Establishes the foundational legal standard for ordering compulsory testing in Florida civil procedure
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAllison and Scott Temares were parties to a post-judgment action for contempt and enforcement of time-sharing provisions arising from their dissolutio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Negative Inference cases and more on FLexlaw
Petitioner Allison Temares files the present petition for Writ of Certiorari requesting that this court quash the trial court’s non-final orders dated June 15, 2015 and June 30, 2015. The June 15, 2015 and June 30, 2015 orders compel the Petitioner to undergo a psychological evaluation and a substance abuse test. We grant the petition and quash the orders below as there is nothing in the record to support the trial court’s sua sponte orders requiring the testing.
The issue before us arises out of a post-judgment action for contempt and enforcement of the time-sharing provisions of a final judgment of dissolution of marriage. Both parties filed motions for contempt for alleged failures to honor time-sharing provisions. There were no verified allegations or pleadings alleging that the Petitioner’s mental condition was in controversy. No pleadings were filed requesting drug or psychological testing. There was no showing of good cause at the hearing on time-sharing to support the trial court’s sua sponte orders that the Petitioner undergo psychological examination and drug testing.
As we held in Wade v. Wade, 124 So.3d 369, 374 (Fla. 3d DCA 2013), compulsoiy psychological evaluation or drug testing under rule 1.360(a) “is authorized only when the party submitting the request has good cause for the examination.” Fla. R. Civ. P. 1.360(a)(2). At any hearing on the request for compulsory examination, the party submitting the request has the burden of showing that both the “in controversy” and “good cause” prongs have been *647satisfied before the court can order testing. Id. The “in controversy” and “good cause” requirements require an affirmative showing by the movant that each condition as to which the examination is sought is really and genuinely in controversy and that good cause exists for ordering each particular examination. See Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L,Ed.2d 152 (1964). Further, conclusory allegations, as are put forth in this record, alone do not put the Petitioner’s mental health “in controversy” nor demonstrate “good cause” for submission to examination. Williams v. Williams, 550 So.2d 166, 168 (Fla. 2d DCA 1989). There was no showing by pleading or otherwise at the hearing that the Petitioner’s mental condition was in controversy, nor was there any showing of good cause.
Therefore, we grant the petition for cer-tiorari and quash the June 15, 2015 order and the June 30, 2015 order to the extent the orders compel the Petitioner to submit to and pay for substance abuse testing, compels her to submit to and pay for a psychological evaluation,1 and permits a negative inference from her failure to submit to that testing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schlagenhauf v. Holder, 379 U.S. 104 (U.S. 1964)
- S.L. Wade v. D.T. Wade, 124 So. 3d 369 (Fla. 3d DCA 2013)
- Williams v. Williams, 550 So. 2d 166 (Fla. 2d DCA 1989)