Brenda Valyou v. Ronald Escudero Navedo
6D2024-1407
Fla. Dist. Ct. App.Mar 21, 2025Background
- Brenda Valyou sued Ronald Navedo for bodily injuries arising from a 2023 automobile accident.
- Navedo sought discovery of Valyou’s medical records from various non-party providers, including a hospital, chiropractor, and dentist.
- Valyou objected to the subpoenas, citing her right to privacy under the Florida Constitution and requested limitations in scope and time, or in the alternative, an in-camera review.
- The trial court overruled Valyou’s objections and denied her petition for writ of certiorari, finding no departure from essential legal requirements.
- On appeal, Valyou contended the subpoenas were overbroad and would result in the disclosure of irrelevant and private medical information.
- The appellate court denied certiorari, finding Valyou failed to show a high probability that the subpoenas would produce irrelevant records and did not timely seek or justify in-camera review.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Breadth of Medical Subpoenas | Scope should be limited to neck/back | Broader scope justified by injuries | No legal error; no narrowing warranted |
| Temporal Scope of Subpoenas | Limit to 10 years | Earlier injuries relevant | 10-year limit unwarranted given history of injury |
| Need for In-Camera Review | Requested post-ruling, non-specific | No need, insufficient showing | Properly denied as untimely/unsupported |
| Privacy and Potential Disclosure | General privacy violation | Relevance justified broader review | No high probability of irrelevant disclosure shown |
Key Cases Cited
- CPPB, LLC v. Taurus Apopka City Center, LLC, 375 So. 3d 327 (Fla. 6th DCA 2023) (defines certiorari standards and prerequisites, including irreparable harm)
- Dominguez v. Omana, 381 So. 3d 1271 (Fla. 6th DCA 2024) (discusses privacy in medical records and relevance in subpoenas)
- Weaver v. Myers, 229 So. 3d 1118 (Fla. 2017) (holding that right to privacy in medical records is waived only as to relevant records)
- Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925 (Fla. 2005) (issue preservation for appellate review)