V.S.H. BY AND THROUGH HUDSON v. HELLINGER

No. 83-1759.

445 So.2d 691 (1984)

V.S.H., a Minor, by and THROUGH His Father and Next Friend, Kenneth Kelly HUDSON, and Kenneth Kelly Hudson and Phyllis Gay Hudson, Individually, Petitioners, v. Frank R. HELLINGER, M.D.; Blair Murphy, M.D.; Blair Murphy, P.A.; Adventist Health System/Sunbelt, Incorporated D/B/a Florida Hospital Orlando D/B/a Florida Hospital South; and Florida Physicians' Insurance Reciprocal, Respondents

District Court of Appeal of Florida, Fifth District.

February 23, 1984.


Attorney(s) appearing for the Case

Timothy I. Mize of Parker, Johnson, Owen & McGuire, P.A., Orlando, for petitioners.

Robert D. Henry of Maguire, Voorhis & Wells, P.A., Orlando, for respondent Blair Murphy, M.D.

No appearance for respondents Hellinger, Adventist Health System/Sunbelt, Inc., and Florida Physicians' Ins. Reciprocal.


COBB, Judge.

The petitioners, plaintiffs below in a medical malpractice action, seek certiorari review of a discovery order entered by the trial judge. We grant the petition and quash the order, which clearly contravenes the Florida Rules of Civil Procedure.

The defendant Murphy filed a motion seeking a court order requiring the minor plaintiff to submit to a physical examination by his selected medical expert, one Dr. Cullen, without compliance with the requirement...

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