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9 Florida opinions name it 2 courts 1996–2020 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
MARGARET SAJIUN v. DANIEL HERNANDEZgreen1 sentence2020See Sajiun v. Hernandez, 226 So. 3d 875, 882 (Fla. 4th DCA 2017) (“The waiver of the psychotherapist privilege is not irrevocable. | 1 | 1 |
Ted K. Brown, former husband v. Valerie Hays Brown, Former Wifegreen1 sentence2018Although “neither parent could have waived the psychotherapist privilege, because the subject matter of the litigation was the child’s welfare,” Brown v. Brown, 180 So. 3d 1070, 1072 (Fla. 1st DCA 2015), the court appointed a guardian ad litem to protect the interests of the child, and the guardian determined that it was in the child’s best interest to waive the privilege, see Phillips v. Nationwide Mut. | 1 | 1 |
Garbacik v. Wal-Mart Transp., LLCgreen1 sentence2017See Garbacik v. Wal-Mart Transp., LLC, 932 So.2d 500, 503 (Fla. 5th DCA 2006); Sykes ex rel. | 1 | 1 |
Hughes v. Schatzberggreen1 sentence2015Hughes v. Schatzberg, 872 So.2d 996, 997 (Fla. 4th DCA 2004). | 1 | 1 |
State v. Robersongreen1 sentence2009Here, the postconviction record reflects that legal counsel for the entity that provided the children with counseling “absolutely” asserted that the records were privileged and confidential. 9 In State v. Roberson, 884 So.2d 976, 979 (Fla. 5th DCA 2004), review denied, 895 So.2d 406 (Fla.2005), the Fifth District Court of Appeal held that “neither the Evidence Code, nor any applicable constitutional principle allows the invasion of a victim’s privileged communications with her psychotherapist.” The district court quashed a trial court order that granted discovery into the mental health records | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jaffee v. Redmond
green
2 sentences2002It goes on to say: Because this is the first case in which we have recognized a psychotherapist privilege, it is neither necessary nor feasible to delineate its full contours in a way that would `govern all conceivable future questions in this area.' Id. at 18 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States, 449 U.S. 383 , 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981)). 2002It goes on to say: Because this is the first case in which we have recognized a psychotherapist privilege, it is neither necessary nor feasible to delineate its full contours in a way that would `govern all conceivable future questions in this area.' Id. at 18 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States, 449 U.S. 383 , 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981)). | 2 | 1996–2002 |
Upjohn Co. v. United States
green
2 sentences2002It goes on to say: Because this is the first case in which we have recognized a psychotherapist privilege, it is neither necessary nor feasible to delineate its full contours in a way that would `govern all conceivable future questions in this area.' Id. at 18 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States, 449 U.S. 383 , 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981)). 2002It goes on to say: Because this is the first case in which we have recognized a psychotherapist privilege, it is neither necessary nor feasible to delineate its full contours in a way that would `govern all conceivable future questions in this area.' Id. at 18 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States, 449 U.S. 383 , 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981)). | 2 | 1996–2002 |
J.B. v. State
green
1 sentence2019As Hicks’s counsel notes, “Why would a child victim of sexual abuse be open, honest or even willing to seek necessary treatment if he or she believes that others, including the perpetrator of the sexual abuse would have unlimited access to those mental health care records?” We conclude that absent a clear and unequivocal waiver of the psychotherapist-patient privilege at issue, the compelled disclosure of the confidential therapy notes for the three minor children “is exactly the type of fishing expedition that this Court, the United States Supreme Court, and our sister courts have strongly ca | 1 | 2019–2019 |
Pettway v. State
green
1 sentence2009Here, the postconviction record reflects that legal counsel for the entity that provided the children with counseling “absolutely” asserted that the records were privileged and confidential. 9 In State v. Roberson, 884 So.2d 976, 979 (Fla. 5th DCA 2004), review denied, 895 So.2d 406 (Fla.2005), the Fifth District Court of Appeal held that “neither the Evidence Code, nor any applicable constitutional principle allows the invasion of a victim’s privileged communications with her psychotherapist.” The district court quashed a trial court order that granted discovery into the mental health records | 1 | 2009–2009 |
Nelson v. Womble
green
1 sentence2006Material to the present case, section 90.503(4)(c), provides an exception to this privilege for "communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense. . . ." Although the exception to the privilege applies when a plaintiff or claimant asserts that mental anguish or emotional distress has resulted from the defendant's negligence (in the case of a plaintiff in a negligence action) or from an industrial injury (in the case of a claimant in a workers' com | 1 | 2006–2006 |
Scheff v. Mayo
green
1 sentence2006Material to the present case, section 90.503(4)(c), provides an exception to this privilege for "communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense. . . ." Although the exception to the privilege applies when a plaintiff or claimant asserts that mental anguish or emotional distress has resulted from the defendant's negligence (in the case of a plaintiff in a negligence action) or from an industrial injury (in the case of a claimant in a workers' com | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.