Limbaugh and his attorney, Roy Black, have maintained that prosecutors should have followed a procedure in state law and notified Limbaugh that they intended to obtain his medical records.

That would have given Limbaugh a chance to contest it in court, and a judge would have to decide whether prosecutors could issue subpoenas for the records. Instead, prosecutors looked at Florida case law and determined they were allowed to seize the records with search warrants without notifying Limbaugh.....

The 4th Circuit court of appeals sided with prosecutors, but this morning.....

The three judges issued a brief opinion Thursday morning in which they declined to reconsider their decision, but they sent the case to the Florida Supreme Court to decide the issue on a statewide basis.

[hat tip Rittenhouse Review.]