NORTHCUTT v. TURNER BP LLC BP (2020)

District Court of Appeal of Florida, First District.

Sandra M. NORTHCUTT, Petitioner, v. Deandar Jemar TURNER, an individual, BP Express, LLC f/k/a BP Express, Inc. a foreign limited liability company, Respondents.

No. 1D19-2495

Decided: June 12, 2020

Philip Kinney of Kinney & Moore, PL, Jacksonville, for Petitioner. Cristine Russell and Jason Holbrook of Rogers Towers, P.A., Jacksonville, for Respondents.

Sandra M. Northcutt files a petition for certiorari requesting we quash the circuit court's order allowing opposing counsel to have access and review certain personal medical records prior to the judge making an independent in camera determination of whether the records should be produced despite petitioner's objection based on a constitutional right to privacy. Petitioner was entitled to the appropriate in camera review. Zarzaur v. Zarzaur, 213 So. 3d 1115 (Fla. 1st DCA 2017); McEnany v. Ryan, 44 So. 3d 245 (Fla. 4th DCA 2010). Such independent review must occur prior to any disclosure to opposing counsel. Zarzaur at 1120.

We, therefore, grant the petition and quash the trial court's order.

Per Curiam.

Wolf and Winokur, JJ., and Colaw, James M., Associate Judge, concur.

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