|
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).
|
2D2024-1806
|
2024-08-02
|
Open
|
|
| 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
|
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
|
|
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
|
| 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
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
2046 PAGES
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-08-05
|
| 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
|
| On Behalf Of |
Florida Center for Government Accountability, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Florida Center for Government Accountability, Inc.
|
|
| Docket Date |
2025-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| 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.
|
| View |
View File
|
|
|
|
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.
|
1D2022-0334
|
2022-02-02
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2021-CA-1499
|
Parties
| Name |
Department of Health
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
John Wilson, Ruth E. Vafek, Erik M. Figlio, Alexandra E. Akre
|
|
| Name |
Dr. Joseph Ladapo
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
WP Company, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Times Publishing Co.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE NEW YORK TIMES COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
The First Amendment Foundation
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
The Miami Herald
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY INC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SUN-SENTINEL COMPANY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Carlos Guillermo Smith
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Hon. John C. Cooper, Andrea Flynn Mogensen, Linda R. Norbut, Ralph S. Ruta, Carol Jean LoCicero, Victor L. Chapman, Mark R. Caramanica
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John C. Cooper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Gwen Marshall
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 1DCA
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
OA Granted-Tallahassee
|
| View |
View File
|
|
| Docket Date |
2022-05-02
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-04-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-03-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to Response of Carlos Guillermo Smith and the Florida Center for Government Accountability, Inc
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-03-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ of Carlos Guillermo Smith and the Florida Center for Government Accountability, Inc
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-03-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to 02/07 order
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-03-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Carlos Guillermo Smith
|
| View |
View File
|
|
| Docket Date |
2022-02-07
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2022-02-03
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-02-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-02-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ (refund requested-no fee due)
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-02-02
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ amended
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
| Docket Date |
2022-02-02
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Department of Health
|
| View |
View File
|
|
|
|
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, VS THE MCCLATCHY COMPANY, LLC, etc., et al.,
|
3D2021-2085
|
2021-10-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-3289
|
Parties
| Name |
Department of Children and Families
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW J. MCGINLEY
|
|
| Name |
THE NEW YORK TIMES COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMENDMENT FOUNDATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dana J. McElroy, CAROL JEAN LOCICERO, MARK R. CARAMANICA
|
|
| Name |
FLORIDA PRESS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WPLG, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMES PUBLISHING COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCC COMMUNICATIONS, THE FLORIDA STAR NEWSPAPER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, ORLANDO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| 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
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| 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.
|
|
| 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
|
| 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
|
| 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.
|
|
| 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.
|
|
|
