COLE BORG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ON CONCESSION OF ERROR
Based on appellee’s concession of error, we reverse the order denying appellant’s *262petition to seal records and remand to the trial court for a new hearing prior to July-25, 20151 on appellant’s motion filed pursuant to section 943.059(1), Florida Statutes (2014). See Gotowala v. State, 162 So.3d 33, 34 (Fla. 4th DCA 2014). The trial court’s order denying sealing of records did not consider the facts and circumstances of the individual case and denied relief based upon generalized considerations, which is not a proper exercise of its discretion. See V.F.D v. State, 19 So.3d 1172 (Fla. 1st DCA 2009); Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003).
Reversed and remanded with directions.
WARNER, TAYLOR and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gotowala v. State, 184 So. 3d 568 (Fla. 4th DCA 2016)…943.059, Fla. Stat. This discretion is not unfettered however. The trial court may not deny relief “based upon generalized considerations,” but must provide a good reason based on “the facts and circumstances of the individual case.” Borg v. State, 169 So. 3d 261, 262 (Fla. 4th DCA 2015); see, e.g., Gonzalez v. State, 565 So. 2d 410, 411-12 (Fla. 3d DCA 1990) (stating it was not an abuse of discretion for the tidal court to find that, because the petitioner was a public employee, the public had a right to kn…
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J.A.H. v. State, 198 So. 3d 884 (Fla. 4th DCA 2016)…. We agree with the first and second arguments, and reverse and remand for the trial court to conduct an evidentiary -hearing and to enter an order stating good reason based on “the facts and circumstances of the individual case,” see Borg v. State, 169 So. 3d 261 (Fla. 4th DCA 2015), if the trial court decides again to deny the petition. Because it is unclear whether the trial court' agreed with the State’s erroneous view of an applicable statute, we decline to address J.A.H.’s alternative argument. In 2009…1 / 2
Authorities Cited
- Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003)
- VFD v. State, 19 So. 3d 1172 (Fla. 1st DCA 2009)
- Fetterman & Assocs., P.A. v. Friedrich, 162 So. 3d 33 (Fla. 4th DCA 2014)
- Gotowala v. State, 162 So. 3d 33 (Fla. 4th DCA 2014)