June 19, 2020

Agreeing with the arguments set forth by Brannock Humphries & Berman in a petition for writ of certiorari filed on behalf of its family-law client, the Second District Court of Appeal overturned a Polk County trial court’s order requiring the production of medical and mental health records in an ongoing dissolution of marriage proceeding.

Shortly after the Wife filed for divorce, the Husband served discovery requests seeking to obtain all of the Wife’s medical and psychological records, including doctor’s notes, prescriptions, and treatment reports.  Without any supporting evidence, or any evidence that the Wife even had relevant psychological records, the Husband alleged that this information was necessary to determine whether the Wife was fit to parent the parties’ teenage kids.  The trial court limited the production somewhat, to the twelve months preceding the divorce, and stated that the judge would first review any privileged records in camera.  But the court required the records to be turned over nonetheless.

Read the full story here: https://www.bhappeals.com/brannock-humphries-berman-obtains-writ-of-certiorari-to-prevent-disclosure-of-medical-records/