\Y\" Person v. \"X\" Corp."
\Y\" Person v. \"X\" Corp."
Opinion of the Court
The petitioner “Y” Person seeks a writ of certiorari quashing a nonfinal order of the trial court compelling “Y” Person to submit to a physical and mental examination to determine the extent and nature of the manifestations of human immune deficiency virus (HIV). We grant the petition and quash the trial court’s order.
“X” Corporation sued for a declaration
The complaint alleged that “Y” Person is employed by “X” corporation and has tested positive for HIV. The complaint further alleged that “Y” Person indicated that he knows he is dying and has threatened to bite or kiss other employees. In addition to a declaration of its rights under section 760.50, Florida Statutes, “X” Corporation asked for supplemental relief under subsection 86.011(2), compelling “Y” Person to submit to acquired immune deficiency syndrome (AIDS) testing. Thus “Y” Person was ordered to submit to mental and physical examination before trial to determine the manifestations of “Y” Person’s HIV infection, including dementia and organic brain syndrome. The order adopts the stipulations of counsel that “Y” Person is HIV positive and has furnished medical records to “X” Corporation confirming the infection.
After further proceedings, however, the trial court dismissed the complaint for declaratory action as it pertained to “Y” Person’s employment qualifications.
“X” Corporation’s entitlement to supplemental relief is derived from the declaratory judgment action that was dismissed. Statutory authority for supplemental relief arises from the prosecution of the declaratory judgment action. § 86.011(2), Fla. Stat. (1989). Therefore, the dismissal of the action divested “X” Corporation of the right to supplemental relief. Moreover the order granting the relief expressly relied upon the allegations of the declaratory judgment action. The trial court cited no further basis for the order after the dismissal of the main action. We therefore find a departure from the essential requirements of law, see Jones v. State, 477 So.2d 566, 569 (Fla. 1985), and quash the order compelling “Y” Person to undergo physical and mental examination.
Writ granted and order quashed.
. Ch. 86, Fla.Stat. (1989). Declaratory Judgments.
. "X” Corporation's action for declaratory judgment contained two counts. The remaining count is an action for declaratory judgment as to whether "X” Corporation’s insurance plan discriminates against "Y" Person by reducing "Y” Person’s health benefits and delaying payment of claims.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.