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603 So. 2d 707

Conatser v. Brown

District Court of Appeal of Florida

Decided August 21, 1992

District Court of Appeal of Florida · decided 1992-08-21

Relies on 547 So. 2d 275 - Stakley v. Allstate Ins. Co.

Decided 1992-08-21

PER CURIAM.

¶1Steve Conatser seeks certiorari review of a circuit court order which requires him to submit to a physical examination but prohibits his attorney from being present. As a general rule, absent any valid reason to exclude the patient’s counsel or other representative, their presence should be allowed. Stakely v. Allstate Insurance Co., 547 So.2d 275 (Fla. 2d DCA1989). The record in the present case does not support the trial court’s decision to bar counsel from the examination.

¶2Accordingly, the petition for writ of cer-tiorari is granted and this case is remanded to the circuit court for further proceedings consistent with this opinion.

CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.
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