ALINA GUERRA, PETITIONER,
v.
THE CITY OF MIAMI BEACH, RESPONDENT
ALINA GUERRA, PETITIONER,
THE CITY OF MIAMI BEACH, RESPONDENT
782 So. 2d 868
Florida Supreme Court (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We initially accepted review of the decision of the district court of appeal in City of Miami Beach v. Guerra, 746 So. 2d 1159 (Fla. 3d DCA 1999), based on express and direct conflict with the decision in Byrd v. Richardson-Greenshields Securities, Inc., 552 So. 2d 1099 (Fla. 1989). Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceeding is dismissed.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, LEWIS and QUINCE, JJ., concur. ANSTEAD and PARIENTE, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alvarez v. State, 827 So. 2d 269 (Fla. 4th DCA 2002)…s, court reporters, and, at the request of the victim, victim or witness advocates designated by the state attorney’s office. (Emphasis added). In Clements v. State, 742 So. 2d 338, 341 (Fla. 5th DCA 1999), rev. dismissed as improvidently granted, 782 So. 2d 868 (Fla. 2001), the court held that closure pursuant to section 918.16, which exempts from exclusion certain members of the public, particularly news reporters, was a partial closure of a trial and the four-factor Waller inquiry was unnecessary. The co…
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Alonso v. State, 821 So. 2d 423 (Fla. 3d DCA 2002)…also Roberts v. State, 816 So. 2d 1175 (Fla. 2d DCA 2002); Whitson v. State, 791 So. 2d 544 (Fla. 2d DCA 2001). Contra Hobbs v. State, 820 So. 2d 347 (Fla. 1st DCA 2002); Clements v. State, 742 So. 2d 338, 341 (Fla. 5th DCA 1999), review dismissed, 782 So. 2d 868 (Fla.2001). The trial court itself expressed doubts about whether the courtroom should be closed under the circumstances of this case. In the absence of the necessary findings justifying the closure, we must order a new trial. [*427] On the facts o…
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Whitson v. State, 791 So. 2d 544 (Fla. 2d DCA 2001)…blanket exclusion of spectators was a statutory error as well. Because this was a case of total, not partial, closure, we do not certify conflict with Clements v. State, 742 So. 2d 338 (Fla. 5th DCA 1999), review dismissed as improvidently granted, 782 So. 2d. 868 (Fla. 2001). In Clements, the trial court ordered partial closure without testing its necessity in any manner, including consideration of the Waller factors. The Fifth District found that the trial court’s decision not to undertake a Waller analysis…
Authorities Cited
- Byrd v. Richardson-Greenshields Sec., Inc., 552 So. 2d 1099 (Fla. 1989)
- City OF Miami Beach v. Alina Guerra, 746 So. 2d 1159 (Fla. 3d DCA 1999)