Florida Law Weekly – May 18, 2018

Rodriguez v. City of South Miami –  (3^rd DCA)

In this case, utilizing its Certiorari jurisdiction, the Rodriguez Court, reversed a Trial Court Order compelling the Plaintiff to sign a document authorizing the release of his mental health records to the Defendant.  The Rodriguez Court held that the records were protected by the psychotherapist-patient privilege and the City failed to show that the Plaintiff placed his mental health status at issue.  In its opinion, the Rodriguez Court looked to Florida Statute § 90.503(2) which establishes the privilege.  The City’s argument with respect to entitlement was that the Plaintiff had filed a Motion to Dissolve a Temporary Restraining Order and in paperwork the Plaintiff noted that he was stable and taking his medication.  The Rodriguez Court found that this statement alone did not permit the waiver of the privilege.

Domino’s Pizza v. Wiederhold – (5^th DCA)

In this wrongful death case, the Court held that a statutory survivor and specifically, a surviving spouse, in order to be qualified to bring the suit and to receive benefits pursuant to Florida law, needed to be married to the decedent at the time of his death and not at the time of the injury.