Olson v. Blasco

Petitioner, the defendant in a pending wrongful death action below and a criminal prosecution stemming from the same facts, seeks certiorari review of an order overruling his objection to discovery of records relating to his psychological treatment both before and after the accident. We grant the petition and quash the trial court’s order.

Petitioner has not made his mental condition a defense in the civil action he is defending. Accordingly, there is no waiver pursuant to section 90.503(4)(c), Florida Statutes (1993).

The trial court concluded that the listing by petitioner of his therapists’…