Gustafson v. Gustafson , 272 N.C. 452 ( 1968 )

Bobbitt, J.,

concurring: In my view, G.S. 8-53 confers upon a superior court judge discretionary authority to compel a doctor to disclose the confidential information referred to therein only in a trial or hearing conducted by such superior court judge. Hence, I agree Judge Mintz had no authority to order such disclosure by a doctor at a deposition hearing. I reserve the question, not presented for decision on this appeal, as to whether a superior court judge, when conducting a custody hearing, either at term or in chambers, is a presiding judge within the meaning of G.S. 8-53. In such case, the superior court judge has sole responsibility and authority for decision. Subject to this reservation, I concur.