final until disposition of timely filed motion for rehearing.
of Certiorari to the Circuit Court for Miami-Dade County,
Lower Tribunal No. 13-12254 Jose M. Rodriguez, Judge.
& BERRIO, P.A., and Juan D. Berrio, for petitioner.
F. Pepe, City Attorney, for respondents.
SALTER, EMAS and FERNANDEZ, JJ.
Carlos Rodriguez seeks certiorari review of the trial
court's order compelling Rodriguez to sign a document
authorizing the release of certain mental health records and
production of those records to respondent City of South
Miami. Because these records are protected by the
psychotherapist-patient privilege, and because the City of
South Miami failed to meet its burden in overcoming this
privilege, the trial court's order departs from the
essential requirements of law, resulting in material injury
that cannot be corrected on postjudgment appeal. We therefore
grant the petition and quash the order under review.
April 8, 2013, the City of South Miami filed a petition
seeking a temporary and permanent injunction (restraining
order) on behalf of itself and nine of its elected or
appointed officers and employees (collectively, "the
following day, and pursuant to Florida Rule of Civil
Procedure 1.610, the trial court entered an ex parte
temporary restraining order in favor of the City. That order
was continued in force by a court order on May 3, 2013, and
remained in force for nearly four years. In March 2017,
Rodriguez filed a motion to dissolve the temporary
restraining order. In his motion, Rodriguez alleged that the
temporary restraining order should never have been issued in
the first place because the allegations in the City's
petition were legally insufficient. Specifically, Rodriguez
contended that the City's petition did not satisfy the
requirements for an injunction under section 784.046(1)(b),
Florida Statutes (2013). Rodriguez's motion seeking
dissolution of the temporary injunction was directed solely
at the alleged legal insufficiency of the original petition
filed by the City.
in the concluding paragraph of his motion to dissolve,
Rodriguez added the following sentence: "[Rodriguez] is
stable, taking medication, and regularly seeing his
psychiatrist Enrique G. Casuso."
upon this single sentence, the City asserts that
Rodriguez's motion was "premised on the allegation
that [Rodriguez] was mentally stable and implied that his
stability was because he was taking medication and seeking
treatment." Accordingly, the City subpoenaed several of
Rodriguez's healthcare providers for Rodriguez's
medical records, and when Rodriguez objected, the City filed
a motion to compel Rodriguez to sign a medical authorization
for his healthcare providers to produce his medical records
and to testify as to the records and Rodriguez's medical
objected and asserted a psychotherapist-patient privilege,
pursuant to section 90.503(2), Florida Statutes (2017). The
City contended that Rodriguez placed his mental health status
at issue in his motion to dissolve the temporary injunction,
and thus, was no longer protected by the
psychotherapist-patient privilege. The trial court overruled
Rodriguez's objection and entered an order requiring
Rodriguez to "sign a medical authorization including
release of sensitive mental health records of the facilities
of Dr. Enrique Casuso, Jackson Health Systems, South Florida
Evaluation and Treatment Center and South Winds Hospital, to
the attorney for the City of South Miami within 15 days of
jurisdiction to review, by certiorari, the order compelling
production of Rodriguez's mental health records. "A
discovery order that requires the production of information
and records that are protected by the statutory
psychotherapist-patient privilege is reviewable by
certiorari." Brown v. Montanez, 90 So.3d 982,
985 (Fla. 4th DCA 2012). See also Cruz-Govin v.
Torres, 29 So.3d 393 (Fla. 3d DCA 2010).
certiorari relief, Rodriguez must demonstrate that the order
1) constitutes a departure from the essential requirements of
the law; 2) resulting in material injury for the remainder of
the case; 3) that cannot be corrected on postjudgment appeal.
Bd. of Trs. of Internal Improvement Trust Fund v. Am.
Educ'l Enters., LLC, 99 So.3d 450, 454 (Fla. 2012);
Reeves v. ...