Post-Newsweek Stations Florida, Inc. v. State

District Court of Appeal of Florida

Post-Newsweek Stations Florida, Inc. v. State

704 So. 2d 1115, 1998 Fla. App. LEXIS 192, 1998 WL 10911

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1998

DocketNo. 97-3257

StatusPublished

This text of 704 So. 2d 1115 (Post-Newsweek Stations Florida, Inc. v. State) 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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Post-Newsweek Stations Florida, Inc. v. State, 704 So. 2d 1115, 1998 Fla. App. LEXIS 192, 1998 WL 10911 (Fla. Ct. App. 1998).

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Opinion

POLEN, Judge.

We deny the petition for writ of certiorari. As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978, 980 (Fla. 4th DCA 1991), a party seeking to have confidential sources disclosed must establish 1) that the information is relevant; 2) the information is not available from alternative sources; and 3) there is a compelling need for the information. See also Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). We find the trial court correctly applied this three-prong test in denying petitioner’s motion to quash two subpoenas duces tecum, served by the state in connection with a criminal investigation, which required disclosure of a video tape identifying the petitioner’s confidential sources. As such, petitioner has not established a departure from the requirements of the law to merit certiorari relief. See Bared & Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996).

DENIED.

STONE, C.J., and KLEIN, J., concur.

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POLEN, Judge.

We deny the petition for writ of certiorari. As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978, 980 (Fla. 4th DCA 1991), a party seeking to have confidential sources disclosed must establish 1) that the information is relevant; 2) the information is not available from alternative sources; and 3) there is a compelling need for the information. See also Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). We find the trial court correctly applied this three-prong test in denying petitioner’s motion to quash two subpoenas duces tecum, served by the state in connection with a criminal investigation, which required disclosure of a video tape identifying the petitioner’s confidential sources. As such, petitioner has not established a departure from the requirements of the law to merit certiorari relief. See Bared & Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996).

DENIED.

STONE, C.J., and KLEIN, J., concur.

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704 So. 2d 1115, 1998 Fla. App. LEXIS 192, 1998 WL 10911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-newsweek-stations-florida-inc-v-state-fladistctapp-1998.

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