Examination of Persons: Vocational Evaluation: Exclusion of Recording, Court Reporting, or Other People From Being Present During Testing

Clark v. Clark, ___ So. 3d ___, 35 Fla. L. Weekly D2072 (Fla. 4th DCA 9/15/10)

The appellate court granted the former wife’s petition for certiorari and quashed an order of the trial court that required her to submit to vocational testing by the former husband’s expert because the order authorized the expert to exclude recording, court reporting, or other people from being present during testing.  The court agreed with the former wife that “she should not be required to be evaluated by [the former husband’s] expert without having the testing recorded.”  The former wife did not object “to a properly crafted order of confidentiality to alleviate the concerns of the former husband’s vocational expert.”