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SCOLARO v. BUTLER

No. 2D12-4496.

135 So.3d 1111 (2013)

Richard S. SCOLARO and Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., Petitioners, v. M. Ashley BUTLER, PH.D., as Guardian of Claudine B. O'Connor, Commerce Trust Company, a Division of Commerce Bank, N.A., as Co-Trustee of the Claudine B. O'Connor Revocable Trust Agreement dated January 27, 1984, as amended on August 22, 2002, and Lester B. Cox, as Co-Trustee of the Claudine B. O'Connor Revocable Trust Agreement dated January 27, 1984, as amended on August 22, 2002, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 18, 2013.

Attorney(s) appearing for the Case

James E. Moon of Quintairos, Prieto, Wood & Boyer, P.A., Fort Myers, for Petitioners.

Brian L. Trimyer and Adam Mohammadbhoy of Harllee & Bald, P.A., Bradenton; and Erika Dine of Dine Law, P.L., Sarasota, for Respondents.

KELLY, Judge.

Petitioners, Richard S. Scolaro and the law firm of Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., seek certiorari review of the order requiring Scolaro to submit to a mental examination under Florida Rule of Civil Procedure 1.360. The petitioners assert that the trial court departed from the essential requirements of the law: (1) by failing to require the respondents to establish the grounds for a mental examination under rule 1.360; and (2)...

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