MIAMI HERALD PUBLISHING COMPANY, ET AL., PETITIONERS,
v.
HONORABLE WILLIAM CARTER GRIDLEY, JUDGE, ET AL., RESPONDENTS
EHRLICH, Justice.
We have for our review Sentinel Communications Co. v. Gridley, 496 So. 2d 259, 260 (Fla. 5th DCA 1986), wherein the district court certified the following question of great public importance: ARE UNFILED DISCOVERY MATERIALS IN A CIVIL CASE ACCESSIBLE TO THE PUBLIC AND HENCE TO THE PRESS?
We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and answer this question in the negative based on our recent decision in Palm Beach Newspapers v. Burk, '504 So. 2d 378 (Fla.1987).
We recognize, of course, that our decision in Burk dealt with this issue in the context of criminal proceedings. However, the rationale employed in Burk leads us to the same conclusion here concerning the right of access in civil proceedings. We point out that in Burk we relied upon Seattle Times Co. v. Rhinehart, 467 U.S. 20, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984), which was a civil case, in finding no right of access.
Accordingly, we answer the certified question in the negative and approve the decision of the district court below.
It is so ordered.
McDonald, C.J., and OVERTON, SHAW, GRIMES and KOGAN, JJ., concur. BARKETT, J., concurs in result only.
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Cordis Corp. & Johnson & Johnson of N.J., Inc. v. O'Shea, 988 So. 2d 1163 (Fla. 4th DCA 2008)…to pretrial discovery of confidential information. See SCI Funeral Servs. of Fla., Inc. v. Light, 811 So. 2d 796 (Fla. 4th DCA 2002) citing Fla. Freedom Newspapers, Inc. v. McCrary, 520 So. 2d 32, 35 (Fla.1988); Miami Herald Publ’g. Co. v. Gridley, 510 So. 2d 884, 885 (Fla.1987) (extending the rule to pretrial discovery in civil proceedings); Palm Beach Newspapers, Inc. v. Burk, 504 So. 2d 378, 382 (Fla.1987). This is not a case in which the media is demanding access to information on the grounds of public…
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SCI Funeral Servs. OF Fla., Inc. v. Light, 811 So. 2d 796 (Fla. 4th DCA 2002)…ll be the subject of the discovery. It is settled law that there is no First Amendment right of access to pretrial discovery materials. See Fla. Freedom, Newspapers, Inc. v. McCrary, 520 So. 2d 32, 35 (Fla.1988); Miami Herald Publ’g. Co. v. Gridley, 510 So. 2d 884, 885 (Fla.1987) (extending the rule to pretrial discovery in civil proceedings); Palm Beach Newspapers, Inc. v. Burk, 504 So. 2d 378, 382 (Fla.1987). However, because there is no right to this discovery, it does not necessarily follow that there is…
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Valencia v. Pennymac Holdings, LLC, 45 Fla. L. Weekly D2508 (Fla. 3d DCA 2021)…of access to pretrial discovery materials.” SCI Funeral Servs. of Fla., Inc. v. Light, 811 So. 2d 796, 798 (Fla. 4th DCA 2002) (citing Fla. Freedom Newspapers, Inc. v. McCrary, 520 So. 2d 32, 35 (Fla.1988); Miami Herald Publ’g. Co. v. Gridley, 510 So. 2d 884, 885 (Fla.1987) (extending the rule to pretrial discovery in civil proceedings); Palm Beach Newspapers, Inc. v. Burk, 504 So. 2d 378, 382 (Fla.1987)). Further, “trial courts have broad discretion to decide what type of protective order may be ne…
Authorities Cited
- Seattle Times Co. v. Rhinehart, 467 U.S. 20 (U.S. 1984)
- Palm Beach Newspapers, Inc. v. The Honorable Richard Bryan Burk, 504 So. 2d 378 (Fla. 1987)
- Sentinel Commc'ns Co. v. Honorable William Carter Gridley, 496 So. 2d 259 (Fla. 5th DCA 1986)