JOHN DOE
v.
TOYOTA MOTOR CORPORATION, TOYOTA MOTOR NORTH AMERICA, INC. AND AKIO TOYODA

Fla. 5th DCA | 2021-09-17
No. 21-0280
Turner, J., Cohen, J., Eisnaugle, J., Nardella, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

An order determining court records confidential pursuant to Florida Rule of Judicial Administration 2.420(c)(9) is a final post-decretal order subject to appellate review and was properly affirmed.


Headnotes

[1] An order determining court records confidential pursuant to Florida Rule of Judicial Administration 2.420(c)(9) constitutes a final post-decretal order dispositive of a q…

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Key Quotes

“Where an order after judgment is dispositive of any question, it becomes a final post decretal order.”

Citation to Clearwater Federal Savings & Loan Association v. Sampson, 336 So. 2d 78, 79 (Fla. 1976), explaining the standard for final post-decretal orders.

Facts & Procedural History

John Doe sought review of a circuit court order granting Toyota Motor Corporation's motion to determine confidentiality of court records. The trial co…

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Opinion of the Court
Nardella

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JOHN DOE, Case No. 5D21-280 Petitioner, v. TOYOTA MOTOR CORPORATION,

TOYOTA MOTOR NORTH AMERICA, INC.

AND AKIO TOYODA, Respondents. ________________________________/ Opinion filed September 17, 2021 Petition for Certiorari Review of Order from the Circuit Court for for Brevard County, George B. Turner, Judge. Christopher T. Beres, Melbourne, for Petitioner. Vincent A. Citro and Mark L. Horowitz, of Horowitz & Citro, P.A., Orlando, and James H. Fallace, of Fallace & Larkin, L.C., Melbourne, for Respondent, Toyota Motor Corporation. No Appearance for Other Respondents.

PER CURIAM.

Petitioner John Doe requests that this Court review and reverse an Order Granting Defendant’s Motion to Determine Confidentiality of Court

2 Records Pursuant to Fla. R. Jud. Admin. 2.420(c)(9). Pursuant to Florida Rule of Appellate Procedure 9.040(c), we sua sponte treat the petition as a notice of appeal from a final order and affirm. See Nat'l Equity Recovery Servs., Inc. v. Williams, 962 So. 2d 977, 978 (Fla. 3d DCA 2007) (treating a petition for a writ of certiorari as a plenary appeal upon determination that the post decretal order is dispositive). See also Clearwater Fed. Savs. & Loan Assn. v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (“Where an order after judgment is dispositive of any question, it becomes a final post decretal order.”).

AFFIRMED.

COHEN, EISNAUGLE and NARDELLA, JJ., concur.


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