State ex rel. O'Donnell v. Clifford

CRAHAN, Chief Judge.

Relators, Francis E. O’Donnell, Jr., M.D. and O’Donnell Eye Institute, Inc. (hereinafter collectively “Clinic”), seek a writ of prohibition to prevent Respondent from enforcing a Judgment and Order of Delivery in Replev-in directing the sheriff to take possession of certain medical records and deliver them to Dr. James S. Floerchinger, M.D. (“Doctor”), Clinic’s former employee and plaintiff in the underlying suit. We dispense with further briefing and argument and hold that, absent a request by the patient, Doctor has not established a superior right to possession of…