JUDITH O. NELSON and DANIEL H. NELSON, Petitioners, v. WENDY W. WOMBLE and RUSSELL G. WOMBLE, Respondents., 657 So. 2d 1221

Summary

Plaintiff wife initiated an action against defendants alleging that she was injured by defendants and that she suffered mental anguish as result of such injuries. Plaintiff husband also alleged that he suffered loss of consortium as a result of plaintiff wife's injuries. Based on plaintiffs' allegations, defendants sought to discover plaintiffs' psychological and counseling records. The trial court denied defendants' request on the grounds that such records were protected by the psychotherapist-patient privilege under Fla. Stat. ch. 90.503 (1993). On appeal, the court quashed the trial court's decision. Plaintiffs could not invoke the privilege because they made their mental conditions a part of their claims. Plaintiffs could not attempt to recover damages for their emotional stress but deny defendants the chance to review evidence regarding such stress. The court concluded that Fla. Stat. ch. 90.503(4)(c) (1993), which provided that there was no privilege when a party relied upon a ...