C. W. COBB, APPELLANT,
v.
LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE AND GAIL TRAENDLY, INDIVIDUALLY, APPELLEES

Fla. 4th DCA | 1981-11-25
No. 81-1007
DOWNEY, ANSTEAD, and HURLEY, JJ., concur.
406 So. 2d 1210 Florida District Court of Appeal, Fourth District (1981) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Lamb v. Schmitt, 285 U.S. 222, 52 S.Ct. 317, 76 L.Ed. 720 (1932) and Chauvin v. Dayon, 14 A.D.2d 146, 217 N.Y.S.2d 795 (1961).

DOWNEY, ANSTEAD, and HURLEY, JJ., concur.


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  • Boyles v. Mid-Florida Television Corp., 431 So. 2d 627 (Fla. 5th DCA 1983)
    …on as to which the examination is sought is really and genuinely in controversy and that good cause exists for ordering each particular examination. Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964); Kristensen v. Kristensen, 406 So. 2d 1210 (Fla. 5th DCA 1981). In all the cases cited, the mental examination has been requested to deal with mental problems, i.e., mental illness, psychoses, etc., and not merely with humili [*640] ation or depression which is felt as a result of defamatio…
  • Williams v. Williams, 550 So. 2d 166 (Fla. 2d DCA 1989)
    …not put the appellant’s mental health “in controversy” nor demonstrate “good cause” for submission to examination. Fruh v. State, Department of Health & Rehabilitative Services, 430 So. 2d 581 (Fla. 5th DCA 1983). See also Kristensen v. Kristensen, 406 So. 2d 1210 (Fla. 5th DCA 1981); Paul v. Paul, 366 So. 2d 853 (Fla. 3d DCA 1979).1 Nor does the record demonstrate “good cause” for the ordered examination. Although the appellant did not submit to examination by the agency which the court had specified, he di…
  • In the Interest of T.M.W., 553 So. 2d 260 (Fla. 1st DCA 1989)
    …arable rule provisions. See e.g., In the Interest of S.N. v. State, Dept. of Health & Rehab. Serv., 529 So. 2d 1156 (Fla. 1st DCA 1988); Fruh v. State, Dept. of Health & Rehab. Serv., 430 So. 2d 581 (Fla. 5th DCA 1983); and Kristensen v. Kristensen, 406 So. 2d 1210 (Fla. 5th DCA 1981). S.N., Fruh, and Kristensen all involved orders compelling psychological examinations in dependency proceedings, as to which the rules, infra, provide substantially the same standards as those applicable in this case. In the cite…

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