JOHN W. MCCORD, JR., PETITIONER,
v.
AVIS RENT A CAR SYSTEM, INC., D/B/A AVIS OR AVIS RENT A CAR, AND SONDRA DAVIS, RESPONDENTS
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The court denied McCord's petition for certiorari challenging the circuit court's order to unseal criminal records for use in his civil action against Avis for false imprisonment, negligence, and malicious prosecution.
A circuit court's order to unseal criminal records for discovery and trial in a civil false imprisonment action does not constitute a departure from the essential requirements of law.
McCord was charged with failure to return a hired vehicle to Avis, received a no information notice from the state attorney, and had charges dropped a…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHARP, Judge.
John W. McCord, Jr., files a petition for writ of certiorari to review the order of the circuit court granting respondents’ motion to compel the state attorney and the Clerk of the Circuit Court of Orange County to unseal records in the case of State of Florida v. John Wesley McCord, Jr., Case No. CR-79-1257, for purposes of discovery and/or trial in petitioner’s action against respondent for false imprisonment, negligence and malicious prosecution. The records concern a criminal charge against McCord for “failure to return a hired vehicle,” the issuance of a “no information notice” by the state attorney’s office and the dropping of the criminal charges. Respondents allege that petitioner agreed to participate in the Orange County Pre-Trial Diversion Program and that he “entered into a contractual agreement with the state attorney’s office agreeing to waive speedy trial, to a probationary period, and to make restitution.”
We deny this petition because the record does not support petitioner’s claim that the lower court’s ruling constitutes a departure from the essential requirements of law in this case. Zuberbuhler v. Division of Administration, 344 So. 2d 1304 (Fla. 2d DCA 1977); Brown v. Bridges, 327 So. 2d 874 (Fla. 2d DCA 1976).
PETITION DENIED.
COBB and FRANK D. UPCHURCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Zuberbuhler v. Division OF Administration, 344 So. 2d 1304 (Fla. 2d DCA 1977)
- Brown v. Gall Bridges & State Farm Fire & Cas. Co., 327 So. 2d 874 (Fla. 2d DCA 1976)