[longtermmemmory]

The law says he is entitled to an evidentiary hearing before subpoenaed.

what happened:

The records were siezed but kept sealed and not examined. (do you believe they did not even peek?)

The judge then had a hearing to hear why the records should not be turned over.

Then the judge allowed access subject to a gag order.


Sadly I see this as a them arguing harmless error since rush was given his hearing.

Interesting point: If this is sustained and there is no other decision on point, the 4th DCA opinion would be binding on other FL DCA's. Its an nuance of the FL courts. This case can them be used to obtain medical records in other matters which anyone can imagine. (abortion on minors for example)

[Chad Fairbanks]

Then the judge allowed access subject to a gag order.

They'll be leaked, gag order or not. Just a guess, though.