CAMILLA B. ZARZAUR, Petitioner,
JOSEPH A. ZARZAUR, JR., Respondent.
FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
for Writ of Certiorari - Original Jurisdiction. Linda L.
Nobles, Circuit Court for Escambia County, Judge.
L. Chase and Hunter R. Higdon of James L. Chase &
Associates, PLC, Pensacola, for Petitioner.
R. Kimmel, Pensacola, for Respondent.
Wife, seeks certiorari review of the trial court's
discovery order requiring her to disclose "all her
records regarding treatment, diagnosis, care and medications
from all her psychologists, psychiatrists, counselors, and
medical doctors who have treated her for any mental health
issues or prescribed pain medication or any mental health
medications to her in the last seven (7) years." The
order also requires Wife to submit to deposition questioning
and answer interrogatories with the same scope. We grant
Wife's Petition in part.
certiorari jurisdiction to review orders granting discovery
that create a material injury not remediable on appeal and
constitute a departure from the essential requirements of
law. State, Dep't of Children & Families v.
B.D., 102 So.3d 707, 708 (Fla. 1st DCA 2012);
Mullins v. Tompkins, 15 So.3d 798, 800 (Fla. 1st DCA
2009). Erroneous disclosure of medical records qualifies as
irremediable harm. Scully v. Shands Teaching Hosp. &
Clinics, Inc., 128 So.3d 986, 988 (Fla. 1st DCA 2014)
(citing Allstate Ins. Co. v. Langston, 655 So.2d 91,
94 (Fla. 1995); James v. Veneziano, 98 So.3d 697,
698 (Fla. 4th DCA 2012)).
and Procedural History.
filing for dissolution in 2012, the parties agreed to 50/50
timesharing of their minor child, born in 2008. The parties
maintained 50/50 timesharing until February of 2015, when
Husband initiated involuntary commitment proceedings against
Wife under the Marchman Act,  alleging Wife abused prescription drugs,
had been under the influence of drugs or medications while
driving their child, and had exhibited suicidal tendencies
and episodes of violence. He simultaneously moved to suspend
50/50 timesharing, based on the Marchman Act proceeding and
his allegations supporting it. The court gave him total
parental responsibility, suspending Wife's parenting
time. After one day of Marchman Act evaluation, the examining
physician's report concluded there was "no
then moved to reinstate 50/50 timesharing, which Husband
opposed. Both parties consented to independent psychological
evaluations pursuant to section 61.20 of the Florida
Statutes. The trial court appointed an
independent psychologist, who obtained medical/psychological
and counseling records, interviewed Wife and Husband
separately, administered written tests, conducted home
visits, and interviewed the head of the child's school.
He completed a written evaluation addressing the statutory
factors of the child's best interests. § 61.13(3),
Fla. Stat. He recommended that the child continue to live
with Husband until the end of the 2016 school year pending an
updated evaluation, but that Wife should be given more time
with the child during that time.
an evidentiary hearing, the trial court gave Wife some
supervised timesharing with the child, but the parties
continue to dispute the proper timesharing. In connection
with the continued dispute, Husband sought disclosure of
Wife's mental health records, asserting that Wife had
placed her mental health at issue. Wife's counsel argued
that Wife had not placed her mental health at issue in a
claim or defense, and that the requested discovery was
overbroad and improper. Further, Wife's counsel argued
that any issues had already been addressed by the independent
psychological exam to which both parties had agreed,
eliminating any basis for the broad discovery Husband
requested. Wife's counsel requested an evidentiary
hearing and in-camera review of any other mental health
documents to determine whether they should be produced.
Order Under Review.
order under review, the trial court granted Husband access to
Wife's mental health records for the past seven years,
not limited to those provided to the independent
psychologist, and ...