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STATE v. BUCHANON

No. 91-04143.

610 So.2d 467 (1992)

STATE of Florida, Appellant, v. Starla BUCHANON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellant.

Tony C. Dodds of Law Office of T.W. Weeks, III, Lakeland, for appellee.

PER CURIAM.

The sole evidence to support the law enforcement officer's probable cause to order a blood test of appellee was appellee's treating physician's statement which itself was based solely upon the results of diagnostic tests performed on appellee. The trial judge correctly determined that the diagnostic information furnished by appellee's treating physician violated appellee's doctor/patient privilege as stated in section 395.017(3)(d), Florida Statutes (1991...

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