HERBERT RUPPRECHT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (27 total)

• Poston v. Wiggins, 112 So. 3d 783 (Fla. 1st DCA 2013)
  …Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla.2002). The trial court is charged with balancing the right to broad discovery against an individual’s competing privacy interests to prevent an undue invasion of privacy. See Barker v. Barker, 909 So. 2d 333, 338 (Fla. 2d DCA 2005) (citing Rasmussen v. S. Fla. Blood Serv., Inc., 500 So. 2d 533, 535 (Fla.1987)). Certiorari may be appropriate where a discovery order compels disclosure of medical or other records that infringe upon a party’s constitutional…
• Weaver v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017)
  …well-established in Florida ánd across the country that any privacy rights that might attach to a claimant’s medical information are waived once that information' is placed at issue by filing a medical malpractice claim. See, e.g., Barker v. Barker, 909 So. 2d 333, 337 (Fla. 2d DCA 2005); Andreatta v. Hunley, 714 N.E. 2d 1154, 1157 (Ind. Ct. App. 1999). Thus, by filing the medical malpractice lawsuit, the decedent’s medical condition is at issue. Weaver, 170 So. 3d at 883. At no point did the district court…
• Camilla B. Zarzaur v. Zarzaur, 213 So. 3d 1115 (Fla. 1st DCA 2017)
  …rial court must conduct an in camera examination to determine the relevance of the materials to the issues raised or implicated by the lawsuit.”) (emphasis added) (citing Bergmann v. Freda, 829 So. 2d 966, 967 (Fla. 4th DCA 2002)); Barker v. Barker, 909 So. 2d 333, 338 (Fla. 2d DCA 2005) (finding departure from essential requirements of law by not holding in camera inspection of broad grant of medical records discovery). No documents may be disclosed to Husband or his counsel until after the trial court makes…