Webb v. Thomas May Construction Co.

District Court of Appeal of Florida

Webb v. Thomas May Construction Co.

958 So. 2d 1111, 2007 Fla. App. LEXIS 9568, 2007 WL 1773189

District Court of Appeal of Florida·Decided June 21, 2007·No. No. 1D07-1021·Published

Opinion

PER CURIAM.

The petition for writ of certiorari is granted and the order requiring Rhonda Webb to submit to a psychological evaluation is quashed. See Fla. R. Civ. P. 1.360(a)(1) (2007) (“A party may request any other party to submit to ... examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.”) (emphasis supplied). See also Olges v. Dougherty, 856 So.2d 6, 12 (Fla. 1st DCA 2003) (“[O]nce [Mrs. Webb] abandoned h[er] original efforts to recover damages for mental anguish ..., h[er] mental condition ceased to be ‘in controversy’ as contemplated by [Rule 1.360(a)(1) ].”).

ALLEN, WEBSTER, and BENTON, JJ., concur.

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PER CURIAM.

The petition for writ of certiorari is granted and the order requiring Rhonda Webb to submit to a psychological evaluation is quashed. See Fla. R. Civ. P. 1.360(a)(1) (2007) (“A party may request any other party to submit to ... examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.”) (emphasis supplied). See also Olges v. Dougherty, 856 So.2d 6, 12 (Fla. 1st DCA 2003) (“[O]nce [Mrs. Webb] abandoned h[er] original efforts to recover damages for mental anguish ..., h[er] mental condition ceased to be ‘in controversy’ as contemplated by [Rule 1.360(a)(1) ].”).

ALLEN, WEBSTER, and BENTON, JJ., concur.

Webb v. Thomas May Construction Co., 958 So. 2d 1111, 2007 Fla. App. LEXIS 9568, 2007 WL 1773189 (Fla. Ct. App. 2007).

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Opinion

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