Legal Opinion

Kleinschmidt v. Montes

District Court of Appeal of Florida

Decided August 15, 1989No. 87-2879PublishedCited by 1 opinion

1Per curiam

Appellant sued appellee for invasion of privacy and libel based on appellee’s release of appellant’s medical records in the context of prior litigation between appellant and a third party. Appellant appeals from entry of summary final judgment for appellee on both counts.

The record clearly shows that appellee released appellant’s medical records pursuant to a subpoena and orders of the court in the prior litigation. Accordingly, appel-lee’s release of those records was absolutely privileged and he cannot be held liable therefor as a matter of law. See § 455.241(2), Fla.Stat. (1985);…

2Cases cited2 opinions

  1. In Re Estate of CarltonSupreme Court of Florida · 1979
  2. Seidel v. HillDistrict Court of Appeal of Florida · 1972

3Cited by1 opinion

  1. In Re Grand Jury MatterDistrict Court, S.D. Florida · 1991

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