Adoption of H.Y.T., In re, No. 65515
| Court | Florida Supreme Court |
| Writing for the Court | EHRLICH; BOYD |
| Citation | 458 So.2d 1127 |
| Docket Number | No. 65515 |
| Decision Date | 25 October 1984 |
| Parties | In re The Matter of the ADOPTION OF: H.Y.T., a minor. Daniel S. WALLACE, etc., Appellant, v. C. McFerrin SMITH, III, etc., et al., Appellees. |
Page 1127
Daniel S. WALLACE, etc., Appellant,
v.
C. McFerrin SMITH, III, etc., et al., Appellees.
Rehearing Denied Dec. 12, 1984.
Daniel S. Wallace, Daytona Beach, for appellant.
David A. Monaco of Cobb & Cole, Daytona Beach, for News-Journal Corp.
Page 1128
F. Daun Fowler, Daytona Beach, for Alva and Wanda Ramey.
Jim Smith, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for State of Florida, for intervenor.
EHRLICH, Justice.
We accepted jurisdiction of this case because of a question certified as being of great public importance, pursuant to article V, section 3(b)(5), Florida Constitution, and passed directly to this Court by the Fifth District Court of Appeal pursuant to Florida Rules of Appellate Procedure 9.125.
The question arises out of a protracted custody dispute between the maternal grandparents (Rameys) and paternal grandparents (Thomases) over their orphaned granddaughter, which culminated in an order of adoption in favor of the Thomases being set aside by the Fifth District Court of Appeal in 1980. Ramey v. Thomas, 382 So.2d 78 (Fla. 5th DCA), cert. denied, 389 So.2d 1116 (Fla.1980). In that decision, the DCA noted that the child was unrepresented in all the earlier procedures and ordered the appointment of an attorney-ad-litem to represent the best interests of the child. The press had given the bitter dispute great play and had covered all the earlier proceedings.
The hearing on a subsequent adoption proceeding was scheduled to begin May 29, 1984. The child's attorney-ad-litem moved the court to close all the proceedings pursuant to section 63.162(1), Florida Statutes (1983). The media protested and urged the court to deny the motion on grounds that the policy underlying the statute was inapplicable to the facts of this case and that any right of privacy the child might claim had been waived.
The court ruled section 63.162(1) unconstitutional, reasoning that if the constitutional guarantee of a fair trial did not outweigh the media's first amendment right of access to court proceedings, no rights implicated in the present case could counterbalance the first amendment. As the statute permitted no discretion in its application, the statute was thus held to be unconstitutionally overbroad.
A petition for writ of certiorari was filed, the Fifth District Court of Appeal certified the...
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Facebook, Inc. v. K.G.S., 1170244, 1170294, 1170336
...public policy of protecting from harmful publicity parties to and the subject of adoption proceedings.’ In re Adoption of H.Y.T., 458 So. 2d 1127, 1128 (Fla. 1984)."... Confidentiality is the very essence of the adoption process, and by openly disclosing K.G.S.'s name and Baby Does's l......
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T.R., In re, Nos. 89-1302
...ours in their constitutions have held presumptive closure statutes to be constitutional. In the Matter of Adoption of H.Y.T. (Fla.1984), 458 So.2d 1127 (adoption proceedings); Courier-Journal v. F.T.P. (Oct. 27, 1989), Ky.App. Nos. 88-CA-1489-MR and 88-CA-1490-MR, unreported, petition for r......
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State, Dept. of Health and Rehabilitative Services v. Cox, No. 93-01138
...as in child custody proceedings, the court's primary duty is to serve the best interests of the child, In Re Adoption of H.Y.T., 458 So.2d 1127, 1128 (Fla.1984). The legislative intent of the Florida adoption statute is protect and promote the well-being of persons being adopted and their n......
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Lofton v. Secretary of Dept. of Children & Family, No. 01-16723.
...overriding interest is the best interests of the children whom it is seeking to place with adoptive families. In re Adoption of H.Y.T., 458 So.2d 1127, 1128 (Fla.1984) (noting that, in Florida adoption proceedings, "the court's primary duty is to serve the best interests of the child —......
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Facebook, Inc. v. K.G.S., 1170244, 1170294, 1170336
...public policy of protecting from harmful publicity parties to and the subject of adoption proceedings.’ In re Adoption of H.Y.T., 458 So. 2d 1127, 1128 (Fla. 1984)."... Confidentiality is the very essence of the adoption process, and by openly disclosing K.G.S.'s name and Baby Does's likene......
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T.R., In re, Nos. 89-1302
...ours in their constitutions have held presumptive closure statutes to be constitutional. In the Matter of Adoption of H.Y.T. (Fla.1984), 458 So.2d 1127 (adoption proceedings); Courier-Journal v. F.T.P. (Oct. 27, 1989), Ky.App. Nos. 88-CA-1489-MR and 88-CA-1490-MR, unreported, petition for r......
-
State, Dept. of Health and Rehabilitative Services v. Cox, No. 93-01138
...as in child custody proceedings, the court's primary duty is to serve the best interests of the child, In Re Adoption of H.Y.T., 458 So.2d 1127, 1128 (Fla.1984). The legislative intent of the Florida adoption statute is protect and promote the well-being of persons being adopted and their n......
-
Lofton v. Secretary of Dept. of Children & Family, No. 01-16723.
...overriding interest is the best interests of the children whom it is seeking to place with adoptive families. In re Adoption of H.Y.T., 458 So.2d 1127, 1128 (Fla.1984) (noting that, in Florida adoption proceedings, "the court's primary duty is to serve the best interests of the child — the ......