Miami Herald Publishing Co., Division of Knight-Ridder Newspapers, Inc. v. City of North Miami, KNIGHT-RIDDER

Decision Date19 October 1982
Docket NumberNo. 81-2735,KNIGHT-RIDDER,81-2735
Citation420 So.2d 653
PartiesThe MIAMI HERALD PUBLISHING COMPANY, a DIVISION OFNEWSPAPERS, INC., Appellant, v. CITY OF NORTH MIAMI, a municipal corporation of the State of Florida; Tobias Simon, as City Attorney for the City of North Miami; Mayor Howard Neu, James Devaney, John Hagerty, Robert Lippelman, and Diane Brannen, as members of the City Council of the City of North Miami, Appellees.
CourtFlorida District Court of Appeals

Appeal from Circuit Court, Dade County; Gerald Kogan, Judge.

Paul & Thomson and Sanford L. Bohrer and Richard J. Ovelmen, Miami, for appellant.

Simon, Schindler & Hurst and Deborah J. Miller, Miami, for appellees.

Milledge & Hermelee and Alan Rosenthal, Miami, for Media Relations Committee as amicus curiae.

C. Marie King, Clearwater, Doris E. Jenkins, Tallahassee, for the Government Lawyers Subcommittee of the Member Relations Committee of the Florida Bar as amicus curiae.

Before HUBBART, C.J., and BARKDULL and SCHWARTZ, JJ.

PER CURIAM.

Without actually reviewing or referring to the particular records in question, the trial court, stating that the order "applies only to those matters ... subject to the attorney-client privilege," denied the Miami Herald's petition for mandamus to compel disclosure of several North Miami litigation files under the Public Records Act, Secs. 119.01-.12, Fla.Stat. (1981). Since the order was entered prior to Donner v. Edelstein, 415 So.2d 830 (Fla. 3d DCA 1982), and Donner v. Edelstein, (Fla. 3d DCA case no. 82-58, opinion filed, October 5, 1982), it understandably does not comply with the procedural requirements set out by those decisions for the determination of such issues in the trial court. Consequently, in accordance with Edelstein II, the order below is vacated, and the cause is remanded with directions to examine in camera the documents which are being withheld from disclosure under the privileges asserted; determine which, if any, are within the attorney-client privilege; which, if any, constitute "work-product" materials which are required to be disclosed under the Public Records Act, Tober v. Sanchez, 417 So.2d 1053 (Fla. 3d DCA 1982); 1 and to retain copies of all records examined as sealed exhibits, so that either of the parties may thereafter seek appropriate review of the trial court's rulings.

Vacated and remanded with directions.

1 We note that Tober was likewise decided subsequent to the entry of the order under...

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5 cases
  • Parsons & Whittemore, Inc. v. Metropolitan Dade County
    • United States
    • Florida District Court of Appeals
    • March 8, 1983
    ...follow the procedural precedent of recent decisions of this court. In conformity with our decisions in The Miami Herald Publishing Co. v. North Miami, 420 So.2d 653 (Fla. 3d DCA 1982) and Donner v. Edelstein, 423 So.2d 367 (Fla. 3d DCA 1982), we remand to the trial court with directions tha......
  • Edelstein v. Donner, s. 83-1504
    • United States
    • Florida District Court of Appeals
    • May 8, 1984
    ...Dade County, 429 So.2d 343 (Fla. 3d DCA 1983); Donner v. Edelstein, 423 So.2d 367 (Fla. 3d DCA 1982); Miami Herald Publishing Co. v. City of North Miami, 420 So.2d 653 (Fla. 3d DCA 1982); Tober v. Sanchez, 417 So.2d 1053 (Fla. 3d DCA 1982), review denied, 426 So.2d 27 (Fla.1983); Donner v. ......
  • Miami Herald Pub. Co., a Div. of Knight-Ridder Newspapers, Inc. v. City of North Miami
    • United States
    • Florida District Court of Appeals
    • February 14, 1984
    ...its city attorney. This is the second appearance of this case before this court. In the first appeal, Miami Herald Publishing Co. v. City of North Miami, 420 So.2d 653 (Fla. 3d DCA 1982), we considered the order of the trial court which, upon a holding that the lawyer-client privilege exemp......
  • City of North Miami v. Miami Herald Pub. Co.
    • United States
    • Florida Supreme Court
    • March 28, 1985
    ...public importance. Miami Herald Publishing Co. v. City of North Miami, 452 So.2d 572 (Fla. 3d DCA 1984) appealing after remand 420 So.2d 653 (Fla. 3d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. The facts of the case are set forth in the district court opinion. For our purposes ......
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