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The Florida Center for Government Accountability, Inc., Michael Barfield, Gannett Co. Inc., The McClatchy Company LLC, and Scripps Media, Inc., Appellant(s) v. Christian Ziegler, Bridget Ziegler, et al., Appellee(s).
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2D2024-1806
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2024-08-02
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Open
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| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2024CA-001409
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Parties
| Name |
Michael Barfield
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Burges Lake, Mark Richard Caramanica
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Burges Lake, Mark Richard Caramanica
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Burges Lake, Mark Richard Caramanica
|
|
| Name |
Christian Ziegler
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew Seth Sarelson, Zachary Allen Stoner
|
|
| Name |
Bridget Ziegler
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sarasota Police Department
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Murray Fournier, Joseph Christopher Mladinich, Bradley Scott Bell, Philip Andrew Beach
|
|
| Name |
Office of the State Attorney, 12th Judicial Circuit
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig Jarett Schaeffer, Eduardo Alexis Brodsky
|
|
| Name |
Hon. Hunter Wyman Carroll
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
THE FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Morgan Ray Bentley, Kaylin Marie Humerickhouse, David Appleman Wallace
|
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Docket Entries
| Docket Date |
2024-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES CHRISTIAN & BRIDGET ZIEGLER'S RESPONSE TO APPELLANTS' JOINT MOTION TO SUPPLEMENT THE RECORD
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| On Behalf Of |
Christian Ziegler
|
|
| Docket Date |
2024-10-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Gannett Co. Inc.
|
|
| Docket Date |
2024-10-15
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gannett Co. Inc.
|
|
| Docket Date |
2024-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Sarasota Police Department
|
|
| Docket Date |
2024-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
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|
| Docket Date |
2024-09-06
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| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
2046 PAGES
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| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-08-05
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Christian Ziegler
|
|
| Docket Date |
2024-08-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Florida Center for Government Accountability, Inc.
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| View |
View File
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|
| Docket Date |
2024-08-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
|
|
| Docket Date |
2024-08-02
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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| On Behalf Of |
Florida Center for Government Accountability, Inc.
|
|
| Docket Date |
2025-01-07
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
"Appellants' Joint Motion to Supplement the Record" is granted to the following extent. Within three days of the date of this order, appellant shall make arrangements with the clerk of the lower tribunal for the supplementation of the record with the May 15, 2024, hearing transcript filed with the lower tribunal, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
Within fifteen days of the date of this order, counsel for the State Attorney's Office shall deliver in person to this court's clerk's office the 3-ring binder containing the unredacted items referenced in Paragraph 15 of Exhibit Q and being held under seal by counsel for the State Attorney's Office in accordance with the trial court's "Order from In Camera Inspection." A copy of this order shall be attached to the outside of the binder. This court will maintain the material under seal for review by the judges of this court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff. This order shall be posted on this court's website for thirty days.
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| View |
View File
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Florida Department of Health and Dr. Joseph Ladapo, in his official capacity as State Surgeon General and State Health Officer of the Florida Department of Health VS Carlos Guillermo Smith and Florida Center for Government Accountability, Inc., The Associated Press, The First Amendment Foundation, Gannett Co., Inc., The McClatchy Company, LLC d/b/a etc. et al.
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1D2022-0334
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2022-02-02
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2021-CA-1499
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Parties
| Name |
Department of Health
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| Role |
Petitioner
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| Status |
Active
|
| Representations |
John Wilson, Ruth E. Vafek, Erik M. Figlio, Alexandra E. Akre
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|
| Name |
Dr. Joseph Ladapo
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
WP Company, LLC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
THE ASSOCIATED PRESS
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| Role |
Respondent
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| Status |
Active
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|
| Name |
THE MCCLATCHY COMPANY, LLC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
GANNETT CO., INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Times Publishing Co.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
THE NEW YORK TIMES COMPANY
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| Role |
Respondent
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| Status |
Active
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|
| Name |
The First Amendment Foundation
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| Role |
Respondent
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| Status |
Active
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|
| Name |
The Miami Herald
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| Role |
Respondent
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| Status |
Active
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|
| Name |
THE FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY INC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
SUN-SENTINEL COMPANY, LLC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Carlos Guillermo Smith
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| Role |
Respondent
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| Status |
Active
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| Representations |
Hon. John C. Cooper, Andrea Flynn Mogensen, Linda R. Norbut, Ralph S. Ruta, Carol Jean LoCicero, Victor L. Chapman, Mark R. Caramanica
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|
| Name |
SCRIPPS MEDIA, INC.
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
Hon. John C. Cooper
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Gwen Marshall
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-10-31
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2022-10-12
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Prov Grant AE Atty's Fees w/Remand ~ Respondents' motion for attorney's fees is provisionally granted in an amount to be determined by the trial court, conditioned on the trial court's determination at the conclusion of the case that Respondents have prevailed and are entitled to attorney's fees pursuant to s. 119.12(1), Fla. Stat.
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| View |
View File
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| Docket Date |
2022-09-13
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ 1DCA
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|
| Docket Date |
2022-07-20
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| Type |
Notice
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| Subtype |
Notice of Oral Argument
|
| Description |
OA Granted-Tallahassee
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| View |
View File
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| Docket Date |
2022-05-02
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| Type |
Response
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| Subtype |
Reply
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| Description |
REPLY ~ IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-04-22
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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|
| Docket Date |
2022-04-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Grant EOT to Reply to Response ~ The Court grants Petitioner's motion for extension of time to file the reply and extends time for service of the reply to May 2, 2022. No further extensions will be granted absent a showing of bona fide emergency. Failure to file the reply within the time allowed by this order may result in the submission of this case to the Court without consideration of a reply.
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| View |
View File
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| Docket Date |
2022-04-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-03-21
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| Type |
Record
|
| Subtype |
Appendix
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| Description |
Appendix ~ to Response of Carlos Guillermo Smith and the Florida Center for Government Accountability, Inc
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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| Docket Date |
2022-03-21
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ of Carlos Guillermo Smith and the Florida Center for Government Accountability, Inc
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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| Docket Date |
2022-03-09
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ to 02/07 order
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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| Docket Date |
2022-03-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant EOT Response to Court Order ~ The Court grants Respondents' motion for extension of time filed March 4, 2022. Respondents shall serve the response on or before March 21, 2022.
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| View |
View File
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| Docket Date |
2022-03-04
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Agreed Notice of EOT Stricken (Unauthorized Case Type) ~ The agreed notice of extension of time docketed on March 3, 2022, is stricken as unauthorized. Administrative Order 19-2 does not authorize agreed notices of extensions of time in original proceedings. Any request for additional time to file or to accept a response as timely must be sought by motion under Florida Rule of Appellate Procedure 9.300.
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| View |
View File
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| Docket Date |
2022-03-04
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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| Docket Date |
2022-03-03
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
Carlos Guillermo Smith
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| View |
View File
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|
| Docket Date |
2022-02-07
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
SC Why Certiorari Should not be Granted ~ No later than thirty days from the date of this order, Respondents shall show cause why the petition for writ of certiorari should not be granted. Petitioners may file a reply within thirty days thereafter.
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| View |
View File
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| Docket Date |
2022-02-03
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Certiorari filed in this Court on February 2, 2022.
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| View |
View File
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| Docket Date |
2022-02-03
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-02-02
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion For Oral Argument
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-02-02
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ (refund requested-no fee due)
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-02-02
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| Type |
Record
|
| Subtype |
Supplemental Appendix
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| Description |
Supplemental/Amended Appendix ~ amended
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| On Behalf Of |
Department of Health
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| View |
View File
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| Docket Date |
2022-02-02
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
Department of Health
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| View |
View File
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STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, VS THE MCCLATCHY COMPANY, LLC, etc., et al.,
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3D2021-2085
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2021-10-21
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-3289
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Parties
| Name |
Department of Children and Families
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| Role |
Appellant
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| Status |
Active
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| Representations |
ANDREW J. MCGINLEY
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|
| Name |
THE NEW YORK TIMES COMPANY
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMENDMENT FOUNDATION, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
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| Role |
Appellee
|
| Status |
Active
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| Representations |
Dana J. McElroy, CAROL JEAN LOCICERO, MARK R. CARAMANICA
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|
| Name |
FLORIDA PRESS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
WPLG, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMES PUBLISHING COMPANY
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, FLORIDA, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCC COMMUNICATIONS, THE FLORIDA STAR NEWSPAPER, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, ORLANDO, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCRIPPS MEDIA, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-20
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2021-11-29
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| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
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| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of Appellees’ Motion to Dismiss Appeal for Lack of Jurisdiction, and the Response thereto (filed late without leave or justification), the Court determines that the order on appeal is not a final, appealable order. Appellant’s counterclaim is inextricably intertwined with Appellees’ public records claim. The Court therefore lacks jurisdiction to review the challenged order, and hereby dismisses the appeal without prejudice. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); see also Almacenes El Globo De Quito v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) (“If all claims arise from the same set of facts, an order resolving fewer than all of the counts is not appealable under Rule 9.110(k).”). Appellees’ Motion to Strike Appellant’s Response to Motion to Dismiss, or in the Alternative, for an Extension to File Reply is hereby denied as moot. Appellees’ Motion for Attorney’s Fees Incurred on Appeal is conditionally granted, and the matter is remanded to the trial court.
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|
| Docket Date |
2021-11-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE APPELLANT'S RESPONSETO MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR ANEXTENSION TO FILE REPLY
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| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION TO DISMISS
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| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S INITITIAL BRIEF
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response on or before November22, 2021, to the Motion to Dismiss Appeal for Lack of Jurisdiction.Appellees may file a reply within twenty-four (24) hours of the filing of theresponse.
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-11-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR ATTORNEY'SFEES INCURRED ON APPEAL
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion to expedite granted (OG08) ~ Appellees' Motion for Expedited Consideration is herebygranted. The initial brief shall be filed within twenty (20) days from the dateof this Order. The answer brief shall be filed within fifteen (15) days ofservice of the initial brief. The reply brief may be filed within seven (7) daysof service of the answer brief.
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|
| Docket Date |
2021-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION FOR EXPEDITED CONSIDERATION
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response by noon on Tuesday, November 2, 2021, to the Motion for Expedited Consideration.
|
|
| Docket Date |
2021-10-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-10-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
| Docket Date |
2021-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
AUSTIN HARROUFF VS STATE OF FLORIDA and SCRIPPS MEDIA, INC.
|
4D2017-0575
|
2017-02-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2016CF883
|
Parties
| Name |
Austin Kelly Harrouff
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Nellie Linn King
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Robert J. Watson, Ian J. Goldstein, NITA DENTON, JEFFREY HENDRICKS, CHARLES BABCOCK, Deanna K. Shullman
|
|
| Name |
Hon. Lawrence M. Mirman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Austin Kelly Harrouff
|
|
| Docket Date |
2017-02-27
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Austin Kelly Harrouff
|
|
| Docket Date |
2017-02-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Austin Kelly Harrouff
|
|
| Docket Date |
2017-02-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion
|
| On Behalf Of |
Austin Kelly Harrouff
|
|
| Docket Date |
2017-02-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-02-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that respondent's (Scripps Media, Inc.) February 27, 2017 motion to expedite is granted; further, The petition for writ of certiorari is denied. The trial court did not apply the incorrect standard of review. See Florida Freedom Newspapers, Inc. v. McCrary, 520 So. 2d 32 (Fla. 1988). Post-Newsweek Stations, Florida Inc. v. Doe, 612 So. 2d 549 (Fla. 1992), involves non-parties, not parties to a criminal case. The criminal defendant is claiming that restricting media access to the video interview in this case is necessary to protect his right to a fair trial. Therefore, the McCrary factors are appropriate considerations. See Times Pub. Co. v. State, 903 So. 2d 322, 325 (Fla. 2d DCA 2005) (granting certiorari from an order that allowed a defendant to assert the privacy rights of non-parties as a basis for restricting public access); Morris Communications Co., LLC v. State, 844 So. 2d 671, 673 (Fla. 1st DCA 2003) (recognizing that the McCrary factors are appropriately considered when determining whether to restrict access to pretrial discovery). Moreover, the defendant has no privacy interest in the interview, as he gave it for publication on television. The trial court appropriately considered the McCrary factors in determining that restricting public access to this public record was not necessary to protect defendant’s right to a fair trial. The court reviewed the video in camera and explained that it was not prejudicial to the defendant and would not change the status quo in defendant’s ability to get a fair jury. The court stated “without reservation” that the video would not materially impact the situation “whatsoever” and commented that “the material is simply not inflammatory or prejudicial at all.” Petitioner has not shown a departure from the essential requirements of law; further,ORDERED that petitioner's February 27, 2017 emergency motion to extend stay is denied.
|
|
| Docket Date |
2017-02-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-02-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-02-27
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
|
|
TIMES PUBLISHING COMPANY, ET AL VS TERRY GENE BOLLEA, ET AL
|
2D2015-5044
|
2015-11-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Review of Order Excluding Press or Public
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
12012447
|
Parties
| Name |
W F T S - T V
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOURNAL BROADCAST GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
W F T X - T V
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIRST LOOK MEDIA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TIMES PUBLISHING COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALISON M. STEELE, ESQ., TIMOTHY J. CONNER, ESQ., CHARLES D. TOBIN, ESQ.,
|
|
| Name |
W P T V - T V
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GAWKER MEDIA, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
A. J. DAULERIO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
A/K/A GAWKER MEDIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TERRY GENE BOLLEA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KENNETH G. TURKEL, ESQ., SETH D. BERLIN, ESQ., SHANE B. VOGT, ESQ., RACHEL E. FUGATE, ESQ., MICHAEL BERRY, ESQ., DAVID M. CALDEVILLA, ESQ., DAVID R. HOUSTON, ESQ., DOUGLAS E. MIRELL, ESQ., CHARLES J. HARDER, ESQ., GREGG D. THOMAS, ESQ.
|
|
| Name |
NICK DENTON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAMELA A.M. CAMPBELL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-02
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-03-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ VOLUME II - REDACTED COPY OF 12/22/16 Appendix
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-03-17
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Disp-Orig Proc. Granted ~ The respondent Terry Gene Bollea's motion for clarification is granted to the extent that we substitute the following order in place of our order of March 16, 2016:The petitioners' petition filed under Florida Rule of Appellate Procedure 9.100(d) is granted. The orders of October 28, 2015, as amended by the nine-page November 18, 2015, order, as well as the two-page November 18, 2015, order are quashed, and the trial court is directed to unseal the records. By 4 p.m. Friday, March 18, 2016, in compliance with Florida Rule of Judicial Administration 2.425, Respondent Terry Gene Bollea shall file a redacted version of the appendices, which will then be released to the public docket. Upon review of record items sealed by the trial court in the aforementioned orders, this court has determined that the record items consist of motions, responses to motions, and other documents filed in support of the motions and responses, as well as transcripts of hearings on motions and we have concluded that confidentiality of the items at issue is not necessary to avoid substantial injury to innocent third parties, that the information sought to be kept confidential is inherent in the proceeding pending in the trial court, and that confidentiality is not required to comply with established public policy. See Fla. R. Jud. Admin. 2.420(c)(9)(A)(v), (vi), and (vii). Litigants do not have a reasonable expectation of privacy in matters inherent to a civil proceeding. See Carnegie v. Tedder, 698 So. 2d 1310, 1312 (Fla. 2d DCA 1997) ("Historically, litigants have had no reasonable expectation of privacy with regard to trial proceedings and court files."); see also Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988) ("[A] strong presumption of openness exists for all court proceedings. A trial is a public event, and the filed records of court proceedings are public records available for public examination."). No further opinion will follow.
|
|
| Docket Date |
2016-03-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE TO BOLLEA'S EMERGENCY MOTION FOR CLARIFICATION OF MARCH 16, 2016 ORDER
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-03-17
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
quick response to motion ~ The petitioners shall file a response to Respondent Bollea's motion for clarification by 3 p.m. today, March 17, 2016. Any electronic filing shall indicate a specific emergency category or "emergency other" category and a time-sensitive date.
|
|
| Docket Date |
2016-03-17
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge ~ Granted; opinion to follow
|
|
| Docket Date |
2016-03-16
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ EMERGENCY MOTION FOR CLARIFICATION OF MARCH 16, 2016 ORDER
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-03-16
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Disp-Orig Proc. Granted ~ Petitioners' petition for certiorari is granted, and the orders of October 28, 2015, and the two orders of November 18, 2015, are quashed. An opinion will follow. ** Substituted the following order with our 03/17/16 order**
|
|
| Docket Date |
2016-03-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within ten days, the clerk of the circuit court shall provide this court with a record containing the following confidential documents: those numbered as B (1) - (4), D (1) - (15), and F (1) - (2) in the nine-page amended order of November 18, 2015; and the documents sealed by the two-page order of November 18, 2015. The clerk shall provide an index to the record using the same designations that were used in the order, e.g. B(1), B(2), etc. ***ORDER VACATED***
|
|
| Docket Date |
2016-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PETITIONERS' NOTICE OF FILING MATERIALS REGARDING RESPONDENT'S STATUS REPORT
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-02-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RESPONDENT TERRY BOLLEA'S STATUS REPORT *Noted*
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-02-09
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ RESPONDENT TERRY BOLLEA'S APPENDIX TO STATUS REPORT
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT TERRY BOLLEA'S RESPONSE TO JANUARY 29, 2016 ORDER AND STATEMENT REGARDING THE PROCESS BY WHICH THE AGREED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY CAME TO BE ENTERED IN THE TRIAL COURT
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-02-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ RESPONDENT TERRY BOLLEA'S APPENDIX TO RESPONSE TO JANUARY 29, 2016 ORDER AND STATEMENT REGARDING THE PROCESS BY WHICH THE AGREED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY CAME TO BE ENTERED IN THE TRIAL COURT
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2016-02-03
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ INDEX TO PETITIONERS' FOURTH SUPPLEMENTAL APPENDICES WW - NNN
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GAWKER RESPONDENTS' RESPONSETO JANUARY 29, 2016 ORDER
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-11-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MBK-Attorney Lupen shall move for admission pro hac vice within fifteen days or she will be removed from this proceeding.
|
|
| Docket Date |
2015-11-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-11-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2015-11-20
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2015-11-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-01-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ In their response filed January 28, 2016, the petitioners state that it is their understanding that there were no motions or responses underlying the July 25, 2013, agreed protective order. Within 10 days of this order, the respondents shall, either separately or jointly, address that understanding. If a written motion or motions were in fact filed, see July, 25, 2013, Order, p. 1 ("Upon motion of all parties for a Protective Order..."), the respondents shall supplement their responses with a copy of the motion(s) and any responses. If the motion was oral, the respondents shall supplement their responses with a transcript of the proceeding or identify where in the existing filings in this proceeding that transcript is found. If there is no such transcript, the respondents shall explain that circumstance.
|
|
| Docket Date |
2016-01-28
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
SUPPLEMENTAL APPENDIX OR ATTACHMENT ~ THIRD SUPPLEMENTAL APPENDICES (CONTAINED IN THE RESPONSE)
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' COMPLIANCE WITH THE COURT'S JANUARY 22, 2016 ORDER AND NOTICE OF FILING THEIR THIRD SUPPLEMENTAL APPENDICES
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-01-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within 15 days of this order, the petitioner shall supplement its petition with the following documents: (1) any motions and responses underlying the July 25, 2013, confidentiality order; (2) the April 23, 2014, order referred to in the June 12, 2015, motion to determine confidentiality of court records and in other similar motions; (3) any motions and responses underlying the October 20, 2014, magistrate's report. The petitioner shall also clarify the following. The last sentence in the second paragraph of the April 23, 2015, order found at Appendix D of the petition has a word either crossed out or highlighted with marker; the word is illegible in this court's file. The petitioner shall state its understanding of the sentence. The respondents may respond within 10 days thereafter.
|
|
| Docket Date |
2016-01-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PETITIONERS' NOTICE OF FILING OF SECOND SUPPLEMENTAL APPENDICES
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-01-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Although the petition refers to the motions to determine confidentiality underlying the three orders on review, the appendix to the petition does not appear to include these motions. So that the court can review the orders in the context of the pleadings underlying them, within 15 days of this order the petitioner shall supplement the appendix to the petition with copies of all confidentiality motions underlying the three orders on review and any responses and replies to them. For the court's convenience, each motion, response, or reply shall be preceded by a cover page referencing either the short November 18, 2015, order or the specific paragraph(s) of the longer November 18, 2015, order responsive to that motion, response, or reply. To the extent possible, the sequence of presentation should be the same as that of the longer November 18, 2015, order.
|
|
| Docket Date |
2016-01-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ PETITIONERS' SUPPLEMENTAL APPENDICES IN SUPPORT OF REPLY
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2016-01-04
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2015-12-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MBK-Attorney Luppen is removed from this proceeding.
|
|
| Docket Date |
2015-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-29
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ **AUDIO FILE EXHIBIT 18-C - 1 CD STORED IN VAULT**
|
|
| Docket Date |
2015-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE OF GAWKER DEFENDANTS TO PETITION FOR WRIT OF CERTIORARI TO REVIEW ORDERS SEALING JUDICIAL RECORDS
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent Gawker's motion to determine confidentiality of court records and to file unredacted response to petition for writ of certiorari under seal is granted only to the extent that the respondent may within 10 days of this order file an unredacted response under seal. This order does not constitute a determination that any of the redacted material is confidential.
|
|
| Docket Date |
2015-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE OF GAWKER DEFENDANTS TO PETITION FOR WRIT OF CERTIORARI TO REVIEW ORDERS SEALING JUDICIAL RECORDS
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ *****CONFIDENTIAL - FILED UNDER SEAL - per Dec. 3, 2015, order*****
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MBK-Attorney Douglas Mirell is removed from this proceeding.
|
|
| Docket Date |
2015-12-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ EXPEDITED MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS AND TO FILE UNREDACTED RESPONSE TO PETITION FOR WRIT OF ERTIORARI UNDER SEAL
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ MBK-Berry
|
|
| Docket Date |
2015-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
TIMES PUBLISHING COMPANY
|
|
| Docket Date |
2015-12-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The motion for leave to appear as amici curiae in support of the petitioners and to join in their brief is granted. In light of the nature of this request, no separate briefs shall be filed by the amici.
|
|
| Docket Date |
2015-12-18
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The respondents' motion for extension of time is granted, and the response and joint sealed appendix shall be served by December 22, 2015.
|
|
| Docket Date |
2015-12-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ MBK-Atty Harder
|
|
| Docket Date |
2015-12-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ for Charles J. Harder
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-12-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel
|
| On Behalf Of |
TERRY GENE BOLLEA
|
|
| Docket Date |
2015-11-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO APPEAR AS AMICI CURIAE IN SUPPORT OF THE PETITIONERS AND TO JOIN THEIR BRIEF
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| On Behalf Of |
TIMES PUBLISHING COMPANY
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