Barron v. Florida Freedom Newspapers, Inc.

531 So. 2d 113, 15 Media L. Rep. (BNA) 1901, 57 U.S.L.W. 2180, 13 Fla. L. Weekly 497, 1988 Fla. LEXIS 893, 1988 WL 89764
CourtSupreme Court of Florida
DecidedAugust 25, 1988
Docket70910
StatusPublished
Cited by93 cases

This text of 531 So. 2d 113 (Barron v. Florida Freedom Newspapers, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 15 Media L. Rep. (BNA) 1901, 57 U.S.L.W. 2180, 13 Fla. L. Weekly 497, 1988 Fla. LEXIS 893, 1988 WL 89764 (Fla. 1988).

Opinion

531 So.2d 113 (1988)

Dempsey J. BARRON, Petitioner,
v.
FLORIDA FREEDOM NEWSPAPERS, INC., Respondent.

No. 70910.

Supreme Court of Florida.

August 25, 1988.
Rehearing Denied September 28, 1988.

*114 Sharon Lee Stedman of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Orlando, for petitioner.

Franklin R. Harrison and William A. Lewis of Sale, Brown & Smoak, Chartered, Panama City, for respondent.

C. Gary Williams, Michael J. Glazer and Timothy B. Elliott of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, amicus curiae for Tallahassee Democrat, Inc.

William G. Mateer, David L. Evans and Clay H. Coward of Mateer, Harbert & Bates, P.A., Orlando, amicus curiae for Sentinel Communications Co.

Gerald B. Cope, Jr. and Laura Besvinick of Greer, Homer, Cope & Bonner, P.A., and Richard J. Ovelmen, The Miami Herald Pub. Co., Miami, amicus curiae for The Miami Herald Pub. Co.

George K. Rahdert and Bonita M. Riggens of Rahdert, Acosta & Dickson, P.A., St. Petersburg, amicus curiae for The Times Pub. Co.

OVERTON, Justice.

This is a petition to review Florida Freedom Newspapers, Inc. v. Sirmons, 508 So.2d 462 (Fla. 1st DCA 1987), which reversed a trial court order sealing a substantial portion of the court file in a dissolution proceeding between Dempsey J. Barron, a state senator, and Louverne Barron. The district court acknowledged conflict with Sentinel Communications Co. v. Smith, 493 So.2d 1048 (Fla. 5th DCA 1986), review denied, 503 So.2d 328 (Fla. 1987). We find the district court expressly construed article I, section 23, of the Florida Constitution, agree there is conflict, and accept jurisdiction.[*]

We hold that all trials, civil and criminal, are public events and there is a strong presumption of public access to these proceedings and their records, subject to certain narrowly defined exceptions. We have articulated principles that govern these exceptions and, after applying them to this case, we find no basis to seal the file. Although we disagree in part with the district court's reasoning, we approve the result.

On January 28, 1986, Louverne Barron filed a petition for dissolution of marriage in the Bay County Circuit Court against her husband, Dempsey Barron. In early September, after an answer was filed, the wife sought to amend her petition and add Terri Jo Kennedy, the executive director of the rules committee of the Florida Senate, as a party defendant. The husband immediately filed a motion to seal the file. The trial court granted the wife's motion to add Kennedy as a party defendant and entered a summary order sealing the file.

Approximately three weeks later, the respondent, Florida Freedom Newspapers, Inc., filed motions to intervene in the proceeding and to set aside the closure order. The trial judge permitted intervention but denied the motion to set aside the closure *115 order with an explanatory order expressly relying on Sentinel Communications and State ex rel. Gore Newspaper Co. v. Tyson, 313 So.2d 777 (Fla. 4th DCA 1975), overruled on other grounds, English v. McCrary, 348 So.2d 293 (Fla. 1977). The judge explained that the court, through its inherent power, may exclude the public and press from any judicial proceedings to protect the litigants' rights if "cogent reasons" exist. He found that a "cogent reason" for closure was presented but stated that any expression of that reason in the court's order would have "then in fact ... done away with the reason to keep the file sealed." Further, the court held that the information was "uniquely private to the individual involved" and "the public records act does not apply to this information."

Florida Freedom Newspapers, Inc., sought appellate review under rule 9.100(d), Florida Rules of Appellate Procedure, asserting that the order excluded the press and public from access to judicial records, and requested a stay of the dissolution proceeding pending resolution of the closure issue. The district court granted the stay. Subsequently, the wife sought to vacate the stay explaining that this collateral issue was causing her hardship by preventing the continuation of the dissolution proceeding. The district court vacated the stay, summarily affirmed the order sealing the records, and stated that an opinion would follow.

Within a month, the trial court held a final hearing and entered a final judgment, part of which was sealed. The unsealed portion dissolved the marriage; made equitable distribution of the property; ordered the husband to allow the wife to continue as a beneficiary under his insurance policy until May 31, 1990; ordered the husband to pay $500 a month periodic alimony; determined that Dempsey Barron's conveyance to Terri Jo Kennedy of a life estate in real property in Wyoming was fraudulent and ordered it set aside; and ordered the husband to pay one-half of the wife's attorney's fees. The public part of the judgment referred to the sealed portion and stated:

2. This court's order setting forth findings of fact shall be incorporated into and made part of this final judgment, but due to this court's order sealing the file, that order will remain a part of the sealed court file. This final judgment however shall not be part of the sealed court file if either the husband or the wife need to present certified copies of the judgment for whatever purposes they may deem appropriate.

The sealed order containing the findings of fact is ten pages in length, while the unsealed portion is three pages. Neither party appealed this final judgment.

Subsequently, on June 1, 1987, the district court rendered an opinion overruling its prior order and directed that the file be opened. In explaining its changed position, the court expressed its inability to accept the principles set forth in Sentinel Communications and rejected the trial court's finding that a cogent reason existed for closing the proceeding. The court stated:

We do not find the facts upon which the trial court based this finding to be sufficiently compelling to require the proceedings be conducted in private, thereby denying the public, including the press, the right to attend these proceedings and the right to examine the court file. In essence, one of the parties wished to conduct the proceedings in private to prevent the disclosure of certain information the party would otherwise prefer not be made public. The information is of a somewhat general nature and not specifically tied to a domestic relations case. The information is not related to the marital relationship nor its breakup, to the welfare of the children, nor to the marital property. The party affected suggests it is related to present and future financial support. This may be so, but we do not find this reason to be sufficiently compelling, rising to the level that would deny the party an opportunity to receive a fair trial, to justify closing these proceedings.

Florida Freedom Newspapers, Inc. v. Sirmons, 508 So.2d at 464-65 (footnotes omitted). The court also concluded that there was "no reason why the three-pronged test *116 set forth in Miami Herald Publishing Company v. State, 363 So.2d 603 (Fla. 4th DCA 1978), [would] not work as well in civil cases." Id. at 464 (footnote omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ
District Court of Appeal of Florida, 2024
Doe v. DeSantis
District Court of Appeal of Florida, 2024
State v. Wooten
260 So. 3d 1060 (District Court of Appeal of Florida, 2018)
Rivero v. Farach
247 So. 3d 632 (District Court of Appeal of Florida, 2018)
Ex parte Gentry
228 So. 3d 1016 (Court of Civil Appeals of Alabama, 2017)
Corey Lake v. State of Florida
193 So. 3d 932 (District Court of Appeal of Florida, 2016)
Times Publishing Co. v. Bollea
231 So. 3d 493 (District Court of Appeal of Florida, 2016)
Diocese of Venice in Florida, Inc. v. Doe Ex Rel. Doe
198 So. 3d 725 (District Court of Appeal of Florida, 2016)
Palm Beach Newspapers, LLC v. State
183 So. 3d 480 (District Court of Appeal of Florida, 2016)
Barze v. Holbrook
184 So. 3d 1012 (Supreme Court of Alabama, 2015)
in Re George Green and Garlan Green
Court of Appeals of Texas, 2015
Gulliver Schools, Inc. v. Snay
137 So. 3d 1031 (District Court of Appeal of Florida, 2013)
Riley v. State
166 So. 3d 705 (Court of Criminal Appeals of Alabama, 2013)
Brugmann v. State
117 So. 3d 39 (District Court of Appeal of Florida, 2013)
Rocket Group, LLC v. Jatib
114 So. 3d 398 (District Court of Appeal of Florida, 2013)
In Re Amendments to Florida Rule of Judicial Administration 2.420
31 So. 3d 756 (Supreme Court of Florida, 2010)
BDO Seidman, LLP v. Banco Espirito Santo International, Ltd.
201 So. 3d 1 (District Court of Appeal of Florida, 2009)
Simpson v. State
3 So. 3d 1135 (Supreme Court of Florida, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
531 So. 2d 113, 15 Media L. Rep. (BNA) 1901, 57 U.S.L.W. 2180, 13 Fla. L. Weekly 497, 1988 Fla. LEXIS 893, 1988 WL 89764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barron-v-florida-freedom-newspapers-inc-fla-1988.