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BREEDEN v. COOK

No. 4D03-2497.

859 So.2d 1276 (2003)

Christopher BREEDEN, Petitioner, v. Frank F. COOK, M.D., Palm Beach Orthopaedic Institute, PA., a Florida corporation, West Palm Outpatient Surgery & Laser Center, Ltd., a Florida corporation d/b/a Northpoint Surgery & Laser Center, and West Palm Outpatient Surgery Center, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

November 26, 2003.

Attorney(s) appearing for the Case

Edna L. Caruso of Caruso & Burlington, P.A., West Palm Beach, and James L. Torres of Platt Jacobus Fielding & Torres, LLC, Melbourne, for petitioner.

Anthony J. Diaz of Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A., West Palm Beach, for respondents Frank F. Cook, M.D. and Palm Beach Orthopaedic Institute, P.A., a Florida corporation.

PER CURIAM.

The petitioner is a plaintiff in a medical malpractice action. He seeks review of a trial court order that compelled production of medical records. He argues that the records are protected by section 397.501, Florida Statutes (2002). We agree, grant the petition, issue the writ, and quash the order compelling production.

The petitioner is a physician, who sued the defendants for malpractice concerning ankle surgery and follow-up medical care for...

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