In re Presentment of Walton County Grand Jury

District Court of Appeal of Florida

In re Presentment of Walton County Grand Jury

544 So. 2d 1107, 14 Fla. L. Weekly 1412, 1989 Fla. App. LEXIS 3253, 1989 WL 61539

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1989

DocketNo. 88-2073

StatusPublished

This text of 544 So. 2d 1107 (In re Presentment of Walton County Grand Jury) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Presentment of Walton County Grand Jury, 544 So. 2d 1107, 14 Fla. L. Weekly 1412, 1989 Fla. App. LEXIS 3253, 1989 WL 61539 (Fla. Ct. App. 1989).

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Opinion

ERVIN, Judge.

This is an appeal from an order denying a motion to expunge portions of the same [1108]*1108grand jury presentment that was the subject of the appeal in Presentment of Grand Jury (Freeport School Project) Winter Term 1988, Hilton Dev. Co. v. Chandler, 544 So.2d 1104 (Fla. 1st DCA 1989). For the reasons set forth below, we affirm.-

First, appellant is a member of the school board and a grand jury may lawfully investigate and report findings relating to general activities of public institutions and personnel, including practices, procedures, incompetency, inefficiency, mistakes and misconduct involving public offices and monies. Miami Herald Publishing Co. v. Marko, 352 So.2d 518, 521 (Fla.1977); Kelly v. Sturgis, 453 So.2d 1179, 1182 (Fla. 5th DCA 1984). Second, although appellant challenged certain comments contained in the presentment on the basis that they had no factual foundation, it appears from his argument and the record that what appellant is really challenging is the truth of factual findings made by the grand jury. The law is well settled that a circuit court has no obligation to review the record before the grand jury to determine whether evidence supports the grand jury’s findings. Moore v. 1986 Grand Jury Report on Pub. Hous., 532 So.2d 1103 (Fla. 3d DCA 1988).

AFFIRMED.

SHIVERS and JOANOS, JJ., concur.

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ERVIN, Judge.

This is an appeal from an order denying a motion to expunge portions of the same [1108]*1108grand jury presentment that was the subject of the appeal in Presentment of Grand Jury (Freeport School Project) Winter Term 1988, Hilton Dev. Co. v. Chandler, 544 So.2d 1104 (Fla. 1st DCA 1989). For the reasons set forth below, we affirm.-

First, appellant is a member of the school board and a grand jury may lawfully investigate and report findings relating to general activities of public institutions and personnel, including practices, procedures, incompetency, inefficiency, mistakes and misconduct involving public offices and monies. Miami Herald Publishing Co. v. Marko, 352 So.2d 518, 521 (Fla.1977); Kelly v. Sturgis, 453 So.2d 1179, 1182 (Fla. 5th DCA 1984). Second, although appellant challenged certain comments contained in the presentment on the basis that they had no factual foundation, it appears from his argument and the record that what appellant is really challenging is the truth of factual findings made by the grand jury. The law is well settled that a circuit court has no obligation to review the record before the grand jury to determine whether evidence supports the grand jury’s findings. Moore v. 1986 Grand Jury Report on Pub. Hous., 532 So.2d 1103 (Fla. 3d DCA 1988).

AFFIRMED.

SHIVERS and JOANOS, JJ., concur.

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544 So. 2d 1107, 14 Fla. L. Weekly 1412, 1989 Fla. App. LEXIS 3253, 1989 WL 61539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-presentment-of-walton-county-grand-jury-fladistctapp-1989.

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