Opinion
Case No. 98-0471.
Opinion filed March 4, 1998. JANUARY TERM 1998.
Petition for review to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; Ronald V. Alvarez, Judge; L.T. Case No. 97-10843 FK.
L. Martin Reeder, Jr. and Barbara Bolton Litten of Steel Hector Davis LLP, West Palm Beach, for petitioner.
Alan I. Mishael of Gallwey Gillman Curtis Vento Horn, P.A., Miami, for Respondent-Mary Roe.
Laura Cohn, West Palm Beach, for Respondents-Edward Horton, District Nine Administrator, Department of Children and Family Services and The Department of Children and Family Services.
Petitioner seeks certiorari review of Paragraph 4 of the trial court's order granting its motion to intervene to obtain access to judicial records. Petitioner contends Paragraph 4 of the trial court'sorder imposes an unlawful prior restraint in that it provides:
No names, pictures or any other identifying information involving the child in question, his biological family, his foster parent and any other children in the foster home shall be used in any media form . . . .
Petitioner argues that the provision is overly broad because it restrains its use of lawfully gained information from independent sources separate and apart from the legal proceeding.
We grant certiorari and quash Paragraph 4 of the trial court's order. The trial court may on remand and upon proper motion and notice conduct such hearings as necessary to determine whether there is a manifestly overwhelming need for prior restraint of any information contained in the court file.See Jacksonville Television, Inc. v. Florida Dept. of Health and Rehabilitative Servs., 659 So.2d 316 (Fla. 1st DCA 1994); Florida Pub. Co. v. Brooke, 576 So.2d 842 (Fla. 1st DCA 1991)(citing Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 849 (1978)(Stewart, J., concurring)).
CERTIORARI GRANTED.
STONE, C.J., DELL and FARMER, JJ., concur.