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District Court of Appeal of Florida


Byrd v. S. Prestressed Concrete, Inc., 1D05-5370

Parties are entitled to have an attorney present at examinations conducted pursuant to Florida Rule of Civil Procedure 1.360, regardless of whether the examination is a physical, psychiatric or psychological one, unless the party seeking to prevent the attorney's presence establishes: 1) a case-specific reason why the attorney's presence would disrupt the examination; and 2) that no other qualified individual in the area would be willing to conduct the examination with the attorney present.

Appellate Information

  • Decided 05/02/2006
  • Published 05/02/2006

Judges

  • WEBSTER, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Paul M. Anderson and Stephen M. Fernandez of Anderson & Associates, P.A., Tallahassee, for Petitioner.

  • For Appellees:
  • D. Ross McCloy, Jr., and Kevin D. Obos of Harrison, Sale, McCloy & Thompson, Chtd., Panama City;  Louis C. Norvell of Hand Arendall, L.L.C., Mobile, AL, for Respondent.
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