Khairzdah v. Khairzdah
Khairzdah v. Khairzdah
Opinion of the Court
The issue in this appeal from a non-final order, which we treat as a petition for writ of certiorari, involves the application of the psychotherapist-patient privilege afforded by section 90.503, Florida Statutes (1983).
During the course of their domestic relations case both husband and wife requested custody of their minor children, each contending that he or she was a fit and proper custodial parent. The husband subpoenaed psychological hospital records from Bro-ward General Medical Center pertaining to the wife’s treatment during a period prior to the commencement of this litigation. Although the wife objected thereto and sought a protective order based upon the statutory privilege extended by section 90.-503, Florida Statutes (1983), the trial court denied the motion.
In our judgment, this case is controlled by McIntyre v. McIntyre, 404 So.2d 208 (Fla. 2d DCA 1981), Mohammad v. Mohammad, 358 So.2d 610 (Fla. 1st DCA 1978), and Roper v. Roper, 336 So.2d 654
Accordingly, the order denying petitioner’s motion for protective order is quashed and the cause is remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.