Espinosa v. D.H. Griffin Construction Company, LLC

EMAS’ J.'

Petitioner seeks a writ of certiorari quashing the trial court’s order granting respondent’s motion for a psychiatric examination of petitioner pursuant to Florida Rule of Civil Procedure 1.360. We grant the petition.

The two essential prerequisites that must be clearly manifested in seeking a compulsory mental or physical examination of an opposing party are: (l)-that the opposing party’s mental condition is “in controversy,” meaning directly involved in some material element of the cause of action or a defense, and (2) that “good cause” be shown, or that the mental state of opposing…