THE MIAMI HERALD PUBLISHING COMPANY, A DIVISION OF KNIGHT-RIDDER NEWSPAPERS, INC., APPELLANT,
v.
CITY OF NORTH MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA; TOBIAS SIMON, AS CITY ATTORNEY FOR THE CITY OF NORTH MIAMI; MAYOR HOWARD NEU, JAMES DEVANEY, JOHN HAGERTY, ROBERT LIPPELMAN, AND DIANE BRANNEN, AS MEMBERS OF THE CITY COUNCIL OF THE CITY OF NORTH MIAMI, APPELLEES
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The trial court's blanket denial of the Miami Herald's mandamus petition for disclosure of North Miami litigation files was vacated and remanded because the court failed to conduct the in camera review required by Donner v. Edelstein to properly determine which documents are protected by attorney-client privilege versus disclosable work product under the Public Records Act.
A trial court must conduct an in camera examination of withheld documents to determine which are protected by attorney-client privilege and which constitute disclosable work product under the Public Records Act, rather than issuing a blanket denial without reviewing the records.
[1] A trial court must conduct an in camera examination of documents withheld from disclosure under the Public Records Act to determine which are protected by attorney-client…
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Join FLexlaw to unlock all legal intelligence“Without actually reviewing or referring to the particular records in question, the trial court, stating that the order 'applies only to those matters ... subject to the attorney-client privilege,' denied the Miami Herald's petition for mandamus”
The court's criticism of the trial court's blanket denial without document review
The Miami Herald petitioned for mandamus to compel the City of North Miami to disclose several litigation files under the Public Records Act. The tria…
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PER CURIAM.
Without actually reviewing or referring to the particular records in question, the trial court, stating that the order “applies only to those matters ... subject to the attorney-client privilege,” denied the Miami Herald’s petition for mandamus to compel disclosure of several North Miami litigation files under the Public Records Act, Secs. 119.01-12, Fla.Stat. (1981). Since the order was entered prior to Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982), and Donner v. Edelstein, (Fla. 3d DCA case no. 82-58, opinion filed, October 5, 1982), it understandably does not comply with the procedural requirements set out by those decisions for the determination of such issues in the trial court. Consequently, in accordance with Edelstein II, the order below is vacated, and the cause is remanded with directions to examine in camera the documents which are being withheld from disclosure under the privileges asserted; determine which, if any, are within the attorney-client privilege; which, if any, constitute “work-product” materials which are required to be disclosed under the Public Records Act, Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982);1 and to retain copies of all records examined as sealed exhibits, so that either of the parties may thereafter seek appropriate review of the trial court’s rulings.
Vacated and remanded with directions.
. We note that Tober was likewise decided subsequent to the entry of the order under review.
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City OF N. Miami v. Miami Herald Publ'g Co., 468 So. 2d 218 (Fla. 1985)…PER CURIAM. This cause is before us on a certified question of great public importance. Mi [*219] ami Herald Publishing Co. v. City of North Miami, 452 So. 2d 572 (Fla. 3d DCA 1984) appealing after remand 420 So. 2d 653 (Fla. 3d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The facts of the case are set forth in the district court opinion. For our purposes it is enough to say that the district court held that certain written communications pertai…
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The Miami Herald Publ'g Co. v. City OF N. Miami, 452 So. 2d 572 (Fla. 3d DCA 1984)…19, Florida Statutes (1981), certain written communications between the City of North Miami and its city attorney. This is the second appearance of this case before this court. In the first appeal, Miami Herald Publishing Co. v. City of North Miami, 420 So. 2d 653 (Fla. 3d DCA 1982), we considered the order of the trial court which, upon a holding that the lawyer-client privilege exempted the records in question, denied the Herald’s petition for a writ of mandamus. We vacated the order and remanded with direc…
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State v. Kropff, 445 So. 2d 1068 (Fla. 3d DCA 1984)…e procedural requirements established by this court in Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA), motion for order in accordance with mandate granted, 423 So. 2d 367 (Fla. 3d DCA 1982), and Miami Herald Publishing Co. v. City of North Miami, 420 So. 2d 653 (Fla. 3d DCA 1982). We therefore vacate the order below and remand with directions to examine in camera the documents which are being withheld from disclosure and determine which, if any, are exempt from the purview of the Public Records Act, §§ 119…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982)
- Donner v. Ebelstein, 415 So. 2d 830 (Fla. 3d DCA 1982)