Monica Ruiz v. Richard-Alexander D'Arbelles

Summary

The Florida Third District Court of Appeal granted Monica Ruiz’s petition for a writ of certiorari and quashed an order compelling her to undergo a psychological evaluation. The court held that the requirements of Florida Family Law Rule of Procedure 12.360 were not satisfied because no proper motion was filed, no evidence was presented, and the record did not establish that Ruiz’s mental condition was in controversy or that good cause existed for the examination.

Holdings

1. An order compelling a psychological examination is reviewable by certiorari because the alleged harm from the compelled examination is not remediable on appeal.
2. A trial court may order a psychological examination under Florida Family Law Rule of Procedure 12.360 only when the examination requirements are satisfied, including establishment that the condition is in controversy and that good cause exists.
3. The trial court departed from the essential requirements of law by compelling Ruiz to undergo a psychological evaluation without compliance with Rule 12.360 and without a record establishing the required elements.

Questions Presented

1. Whether the order compelling Ruiz to undergo a psychological evaluation was reviewable by certiorari.
2. Whether the trial court departed from the essential requirements of law by ordering a psychological examination without compliance with Florida Family Law Rule of Procedure 12.360 and without evidence establishing that Ruiz’s mental condition was in controversy and that good cause existed.

Disposition

quashed