OLSON v. BLASCO

No. 96-0676.

676 So.2d 481 (1996)

David Mark OLSON, Petitioner, v. Jeryl BLASCO, individually, and as Personal Representative of the Estate of John Blasco, Jr., deceased, and Jeryl Blasco, on behalf of John Blasco and Michael Blasco, surviving minor children, and National Car Rental System, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

June 19, 1996.


Attorney(s) appearing for the Case

Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., and John P. Murphy of Green, Murphy & Wilke, P.A., Fort Lauderdale, for petitioner.

Charles E. Rutherford and Andrew K. Fein of Rutherford, Minerley & Mulhall, P.A., Boca Raton, for Respondent-Jeryl Blasco.


PER CURIAM.

Petitioner, the defendant in a pending wrongful death action below and a criminal prosecution stemming from the same facts, seeks certiorari review of an order overruling his objection to discovery of records relating to his psychological treatment both before and after the accident. We grant the petition and quash the trial court's order.

Petitioner has not made his mental condition a defense in the civil action he is defending. Accordingly, there...

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