sunEthics

Trial court erred in not conditionally sealing financial records of doctor whose practice is limited to treating patients involved in personal injury litigation  [Added 7/21/08]

    Doctor was in the midst of divorce proceedings.  He filed financial affidavits in the family law court.  Doctor had a "lucrative practice limited to patients involved in personal injury litigation."  His fees are paid pursuant to letters of protection issued by the patients' attorneys.  After becoming aware of these documents, defense counsel in a person injury suit in which Doctor was the treating physician questioned Doctor regarding financial information obtained from the divorce case file.

    Doctor then moved to conditionally seal his financial records in the divorce case.  His spouse did not oppose the motion.  The trial court, however, denied the motion.  Doctor then petitioned the Second DCA for a writ of certiorari.

    The appellate court granted the petition, concluding thta Florida Family Law Rule of Procedure 12.400 governed and authorized the conditional sealing of the records.  Nucci v. Nucci, ___ So.2d ___ (Fla. 2d DCA, No. 2D07-3717, 7/11/2008), 2008 WL 2697161.

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