SIDNEY GETTER, APPELLANT,
v.
BARRY YANKS ET AL., APPELLEES

Fla. 3d DCA | 1974-02-26
No. 73-1262
Before PEARSON, CARROLL and HENDRY, JJ.
290 So. 2d 543 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant sought review of an order denying his motion to compel discovery of a notice of termination filed by his former employer with the State Insurance Commissioner. The court affirmed the denial, holding that the notice is privileged under Florida Statute § 648.39(3) and that the statute does not violate the appellant's constitutional right to earn a living.


Holding

The court held that the notice of termination is properly privileged under § 648.39(3). The court also held that the statute does not violate the appellant's constitutional right to earn a living because it does not revoke his certificate of qualification or competency to be a licensed limited surety agent, but merely terminates the employment relationship with one company, leaving him free to obtain another company to underwrite his bonds.


Headnotes

[1] A statute providing that information furnished to the Department of Insurance regarding the termination of a limited surety agent's appointment is privileged and shall no…

[2] A notice of termination filed by an insurer with the Department of Insurance regarding a limited surety agent simply represents the termination of a private employer-empl…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Information so furnished the department shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives.”

The court quoted the statutory language of § 648.39(3) establishing the privilege for notices of termination filed with the Insurance Commissioner.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellant filed a complaint against Yanks and Stuyvesant Insurance Company for intentional interference with an advantageous business relationship. Ap…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

By this interlocutory appeal, the appellant, plaintiff in the trial court, seeks review of an order denying his motion to compel discovery.

Appellant filed a complaint against defendants Yanks and the Stuyvesant Insurance Company, alleging, inter alia, an intentional interference with an advantageous business relationship. Thereafter, the appellant issued a subpoena duces tec-um to the Office of the State Insurance Commissioner, the Honorable Thomas D. O’Malley, specifically seeking the produc tion of a notice of termination filed by the defendants with the Commissioner. This notice related to the termination of plaintiff’s employment as a limited surety agent with the defendants. The Commissioner’s office declined to furnish the document, giving as its reason that the document is privileged. Appellant filed a motion to compel discovery, which the court denied. This appeal followed.

Appellant has presented two points on appeal: first, that the trial court erred in finding the notice of termination privileged under Fla.Stat. § 648.39(3), F.S.A. under the facts of the instant case; and second, that the said statute as applied in this case is unconstitutional in that it violates his right to earn a living which is protected by the Due Process Clause of the Fourteenth Amendment to the U. S. Constitution.

Since appellant’s second point raises a constitutional issue, we reach that point first. Appellant argues that Section 648.39(3) violates his right to earn a living as guaranteed by the Due Process Clause of the Fourteenth Amendment of the U. S. Constitution. However, the statute does not affect the certificate of qualification or competency to become a licensed limited surety agent in Florida. As we understand the notice of termination, it simply represents the termination of the private employer-employee relationship between the insurance company and the limited surety agents. It does not affect the agent’s right to obtain another company to underwrite his bonds. Therefore, the Department of Insurance has not revoked the appellant’s certificate of qualification or competency, and we cannot see merit to his contention that he has been deprived of the right to earn a living.

We have determined that the trial court was correct in finding the notice of termination privileged by virtue of the terms of Section 648.39(3). The statute provides:

“(3) An insurer terminating the appointment of a limited surety agent shall, within thirty days after such termination, file written notice thereof with the department, together with a statement that it has given or mailed notice to the limited surety agent. Such notice filed with the department shall state the reasons, if any, for such termination. Information so furnished the department shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives.”

The court read the statute in pari mater-ia with Fla.Stat. § 119.07(2) (a), F.S.A., which exempts certain records from inspection by the public when so provided by the Legislature.

Chapter 648, entitled “Regulation of Bail Bondsmen and Runners,” vests authority in the Insurance Commissioner to regulate the activities of bail bondsmen in this state. Undoubtedly, it was the intent of the Legislature to foster the performance of the Commissioner’s investigative duties by enactment of Section 648.39(3).

Sound public policy dictates that in certain instances public records are privileged, even where such records would serve private litigants in a civil case, as in the instant case. Widener v. Croft, Fla.App.1966, 184 So. 2d 444; see also, Lee v. Beach Pub. Co., 1937, 127 Fla. 600, 173 So. 440.

Therefore, for the reasons stated and upon the authorities cited, the order appealed is affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • City OF Miami Beach v. Jacquelyn Renee Town, 375 So. 2d 866 (Fla. 3d DCA 1979)
    …67] of the confidentiality of such information.3 See Lee v. Beach Publishing Co., 127 Fla. 600, 173 So. 440 (1937); Rose v. D’Alessandro, 364 So. 2d 763 (Fla. 2d DCA 1978); City of Tampa v. Harold, 352 So. 2d 944 (Fla. 2d DCA 1977); Getter v. Yanks, 290 So. 2d 543 (Fla. 3d DCA 1974); Widener v. Croft, 184 So. 2d 444 (Fla. 4th DCA 1966), cert. denied, 192 So. 2d 486 (Fla.1966). In the absence of a clear showing of necessity, which the respondent did not make below, see City of Tampa v. Harold, supra, the vindi…
  • Rose v. D'Alessandro, 364 So. 2d 763 (Fla. 2d DCA 1978)
    …subject to the right of inspection and publication; but this right does not apply to all public records since public policy requires that some of them, although of a public nature, be kept secret and free from public inspection. In Getter v. Yanks, 290 So. 2d 543, 544 (Fla.3d DCA 1974) the court stated: Sound public policy dictates that in certain instances public records are privileged, even where such records would serve private litigants in a civil case, as in the instant case. None of the above cases a…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw