Weinstock v. Groth, 95-1173
| Decision Date | 01 September 1995 |
| Docket Number | No. 95-1173,95-1173 |
| Citation | 659 So.2d 713 |
| Parties | 20 Fla. L. Weekly D2011 Ronda C. WEINSTOCK, Ph.D., Petitioner, v. Suzanne GROTH, Respondent. |
| Court | Florida District Court of Appeals |
Francis H. Sheppard and Sharon K. Duncan of Rumberger, Kirk & Caldwell, P.C., Orlando, for petitioner.
Harry K. Anderson and J. Scott Murphy of Anderson, Murphy & O'Hara, P.A., Orlando, for respondent.
The petitioner, Dr. Ronda C. Weinstock, seeks certiorari review of a trial court order allowing various discovery requests. Her principal argument is based upon the psychotherapist/patient privilege.
In February, 1991, the respondent, Suzanne Groth, filed a two-count complaint charging Dr. Weinstock, a clinical psychologist, with negligence and intentional infliction of emotional distress. According to her complaint, Groth sought psychotherapy and marriage counseling from Dr. Weinstock in 1985 and attended over 100 sessions, of which some were joint sessions with her husband, Robert Groth, and with her children. After declaring that the Groths were cured in May, 1986, Dr. Weinstock began an "intensely personal social relationship" with them. Groth later discovered that Dr. Weinstock was having an affair with Robert Groth.
Among other things, Suzanne Groth's complaint charged Dr. Weinstock with conflict of interest and breach of trust, causing her to suffer emotional and physical pain. In an earlier appeal, this court held, and the Florida Supreme Court subsequently agreed, that Groth was not required to comply with the pre-suit notice requirements of the Comprehensive Medical Malpractice Reform Act of 1985. Groth v. Weinstock, 610 So.2d 477 (Fla. 5th DCA 1992), approved, 629 So.2d 835 (Fla.1993).
Weinstock later filed a separate lawsuit for defamation against Suzanne Groth, alleging that she has lost patients due to Groth's allegedly false statements about her to the effect that she has engaged in illicit sexual affairs with various people including patients, that she has acted grossly negligent in her practice and that she is incompetent to practice psychology. In count I of her amended complaint, which sounds in slander, Weinstock alleges that defamatory statements were made "to and in the presence of" her patients, as well as colleagues, associates and others. She further alleges that such statements were made to both patients and "prospective patients." In count II she alleges slander per se with regard to the statements regarding sexual affairs. In count III, which charges interference with business relationships, Weinstock alleges receiving inquiries from patients, prospective patients, colleagues, associates and others regarding Groth's slanderous statements. Weinstock further contends that those people have questioned her ability to practice psychology.
The trial court consolidated both lawsuits for purposes of discovery. After a hearing on various discovery matters, the trial court entered its order, which ruled as follows:
(1) overruled Weinstock's objections to Groth's request for admissions, numbers 1, 2 and 3, of January 12, 1995.
(2) denied Weinstock's motion for protective order of February 10, 1995 concerning the deposition of Weinstock's daughter. 1
(3) overruled Weinstock's objection to interrogatory number 1 of February 14, 1995.
(4) overruled Weinstock's objections to interrogatories 1, 2, 3, 6, 7, 8 and 11, of July 21, 1994. 2
Weinstock now seeks certiorari review of the trial court's order. 3
We find no departure from the essential requirements of law in regard to the first three categories enunciated above and deny certiorari review in respect thereto. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987).
We grant certiorari review in regard to Interrogatory Number 11 included in the fourth category. In that interrogatory, Groth seeks the name and addresses of any psychotherapists who have treated Weinstock in the past five years. Weinstock objected because the question is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence and because the psychotherapist-patient...
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