Wednesday, March 20, 2013

Fourth District Rejects Petition for Writ of Certiorari

The Fourth District Court of Appeal ruled today in Carrillo-Jimenez v. Carillo, a case in which the Appellant had sought to strike a social investigation report which he alleged unfairly disclosed confidential communications between the parties’ minor children and their psychotherapist.  The Petition was denied based on the holding of Hughes v. Schatzberg, 872 So.2d 996 (Fla.4th DCA 2004), which held that a parent involved in litigation over the welfare of a child may not assert the psychotherapist patient privilege on behalf of the child.  The Court appeared to pay special attention to the petitioner’s motivation in seeking the writ.

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