Wednesday, November 08, 2000
Donna Gracey v. Donald Eaker


no. 00-153

Orange County


Donna and Joseph Gracey sought emotional distress damages from their psychotherapist for his alleged revealing of confidential communications. The trial court dismissed the Graceys' Fourth Amended Complaint with prejudice, and the Fifth District affirmed. However, the Fifth District also certified a question of great importance to the Florida Supreme Court as to whether there should be an exception to Florida's "impact rule," which sets down certain requirements for the recovery of emotional distress damages that result from a party's negligence, in situations in which a statutorily-imposed duty of confidentiality is breached.