[DOWNLOAD] "Florida Dep't of Children and Families v. Sun-Sentinel" by Supreme Court of Florida # Book PDF Kindle ePub Free

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eBook details

• Title: Florida Dep't of Children and Families v. Sun-Sentinel
• Author : Supreme Court of Florida
• Release Date : January 05, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

This case arises out of a petition filed by Sun-Sentinel pursuant to section 119.07(7)(a), Florida Statutes (2002), to gain access to certain public, but confidential, records maintained by the Department of Children and Families (DCF). 1 We must decide three issues: whether DCF waived its objection to the circuit court's personal jurisdiction when it simultaneously moved to transfer venue; whether Sun-Sentinel was required to serve DCF with the petition; and whether the circuit court erred in refusing to apply the home venue privilege. The district court did not reach the merits of the service of process/personal jurisdiction issue because it held that DCF waived its objection by seeking a transfer of venue. Dep't of Children & Families v. Sun-Sentinel, Inc., 839 So. 2d 790, 791 (Fla. 4th DCA 2003). The court also held that the circuit court did not err in refusing to apply the home venue privilege-even though none of the recognized exceptions to the privilege were satisfied-because ""[n]one of the policies that motivated the adoption of the home [venue] privilege are present in this case."" Id. at 792. The district court's decision expressly and directly conflicts with Jacksonville Electric Authority v. Clay County Utility Authority, 802 So. 2d 1190 (Fla. 1st DCA 2002), which held that trial courts are bound to apply the home venue privilege unless one of the three recognized exceptions is satisfied, regardless of whether application of the privilege in the particular case is supported by the policy reasons that justify the privilege. 2

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