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WEBB v. DOLLAR TREE STORES, INC.

No. 3D08-1032.

987 So.2d 778 (2008)

Susan WEBB, Petitioner, v. DOLLAR TREE STORES, INC., Respondent.

District Court of Appeal of Florida, Third District.

July 30, 2008.

Attorney(s) appearing for the Case

Andrew C. Barnard, Miami, for petitioner.

Walton Lantaff Schroeder & Carson LLP and Bernard I. Probst and Lazaro C. Rodriguez and Leticia G. Coleman, Miami, for respondent.

Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Because the plaintiff did not plead and has otherwise unequivocally renounced any claim for mental anguish or mental pain and suffering arising from the accident in issue, the trial court order requiring that her psychiatric records be produced for its in camera inspection ran directly afoul of the psychotherapist-patient privilege created by section 90.503, Florida Statutes (2007), and therefore must be quashed. See Bandorf v. Volusia County...

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