In Re Gadeco, LLC ; Celeste C. Grynberg

Summary

The court held that Grynberg did not impliedly waive the physician-patient privilege by asserting breach-of-contract counterclaims seeking specific performance or by denying allegations that he made irrational decisions. Because neither his contract claims nor his denials made his mental condition the basis for judicial relief, the trial court abused its discretion by ordering production of his mental-health records for in-camera review. The court made the rule to show cause absolute and remanded for further proceedings.