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Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records

On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production of the plaintiff’s mental health records. The Fourth DCA concluded that the order departed from the essential requirements of law by permitting the production of the records without limitation or in camera inspection to ensure that only relevant information is disclosed connecting the mental health records either in substance or time to the claim at issue. The Fourth DCA cited Laforest v. Laforest, 284 So. 3d 1099, 1099-1100 (Fla. 4th DCA 2019) (citing Zarzaur v. Zarzaur, 213 So. 3d 1115, 1120 (Fla. 1st DCA 2017)); Brown v. Montanez, 90 So. 3d 982, 988 (Fla. 4th DCA 2012); and McEnany v. Ryan, 44 So. 3d 245, 247 (Fla. 4th DCA 2010).