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Reynolds v. Dade County School Board

District Court of Appeal of Florida, Third District
Aug 10, 1993
621 So. 2d 748 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-304.

June 29, 1993. Rehearing Denied August 10, 1993.

A Writ of Certiorari to the Circuit Court for Dade County; Harold Solomon, Judge.

Sobel Sobel and Jack Sobel, Miami, for petitioner.

Peters, Roberson, Lax, Parsons Welcher, Yvette Rhodes Prescott and Jeffrey S. Sandler, Miami, for respondents.

Before BASKIN, JORGENSON and LEVY, JJ.


ON PETITION FOR WRIT OF CERTIORARI

We grant petitioner's request for a writ of certiorari, and quash the order granting defendant's motion to compel an additional psychological evaluation. See Doral Country Club, Inc. v. Duncan, 598 So.2d 194 (Fla. 3d DCA 1992); Motor Union Orion Ins., Co. v. Levenson, 153 So.2d 852 (Fla. 3d DCA 1963). A review of the record demonstrates that "good cause for the examination" has not been shown, Fla. R.Civ.P. 1.360(a)(2); see Williams v. Williams, 550 So.2d 166, 167 (Fla. 2d DCA 1989) ("to show `good cause' for the examination, it must be demonstrated that expert medical testimony is necessary to resolve the issue."); Anderson v. Anderson, 470 So.2d 52 (Fla. 4th DCA 1985); thus, the order compelling the examination constitutes a departure from the essential requirements of law.

Certiorari granted; order quashed.


Summaries of

Reynolds v. Dade County School Board

District Court of Appeal of Florida, Third District
Aug 10, 1993
621 So. 2d 748 (Fla. Dist. Ct. App. 1993)
Case details for

Reynolds v. Dade County School Board

Case Details

Full title:ELVIRA REYNOLDS, INDIVIDUALLY, AND AS LEGAL GUARDIAN OF SHEENA REYNOLDS, A…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 10, 1993

Citations

621 So. 2d 748 (Fla. Dist. Ct. App. 1993)