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BROWN v. MONTANEZ

No. 4D12-920.

90 So.3d 982 (2012)

Jason F. BROWN, Douglas Brown and Jacqueline F. Brown, Petitioners, v. Nya Yanitza MONTANEZ and Eduardo Gonzalez, as Co-Personal Representatives of the Estate of Yanely Gonzalez, deceased, Nya Yanitza Montanez and Eduardo Gonzalez, individually and as parents and natural guardians of Eduardo Gonzalez, Jr., Nya Yanitza Montanez and Eduardo Gonzalez, individually, Respondents.

District Court of Appeal of Florida, Fourth District.

June 27, 2012.

Attorney(s) appearing for the Case

Victoria L. Olds of Olds, Stephens & Harper, P.A., West Palm Beach, for petitioners.

Susan L. Palmatier of Josephs Jack, Miami, for respondents.

HAZOURI, J.

Petitioners Jason F. Brown (Jason), Douglas Brown, and Jacqueline F. Brown, the defendants in a wrongful death and personal injury action pending below, seek review of a nonfinal order of the circuit court which overruled their objection to the production of records of Jason's post-accident substance abuse treatment, as to which he claimed the psychotherapist-patient privilege. Concluding that the trial court departed from the essential requirements of...

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