THE NEWS AND OBSERVER PUBLISHING COMPANY, D/B/A, THE NEWS & OBSERVER, PETITIONER,
v.
A.Q., ET AL., RESPONDENTS

Fla. 1st DCA | 2007-04-04
No. 1D07-0762
BARFIELD, WOLF, and LEWIS, JJ., concur.
953 So. 2d 686 Florida District Court of Appeal, First District (2007)

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Synopsis

The News & Observer challenged a circuit court order sealing a civil litigation file in a damages action related to an adoption. The Florida Court of Appeal affirmed the seal, holding that section 63.162's confidentiality protections for adoption files extend beyond just the identities of birth parents and adoptive parents to include substantial related information, and that sealing was necessary to preserve statutory confidentiality.


Holding

The court affirmed the sealing order, holding that the circuit court did not abuse its discretion. The court concluded that section 63.162's confidentiality protections extend beyond merely protecting the identities of the parties involved and protect substantial information contained in adoption files. Sealing the civil litigation file was necessary to preserve the statutory confidentiality of the adoption file.


Headnotes

[1] A court order sealing a civil litigation file may be reviewed under an abuse of discretion standard.

[2] Sealing a civil litigation file may be necessary to preserve the confidentiality of information contained within a related adoption file, as required by statute.

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Key Quotes

“We have also taken judicial notice of the file in the adoption case, which is currently on appeal to this court, and conducted an in camera inspection of the civil litigation file. In short, the civil litigation file contains a large amount of information which is also present in the adoption file and sealing the file was necessary to preserve the confidentiality of the information in the adoption file as required by statute.”

Establishes the court's factual basis for affirming the seal based on the overlap between the two files and the statutory requirement to maintain adoption confidentiality.

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Facts & Procedural History

A.Q. gave birth to twins in July 2005 who were adopted by a married couple in North Carolina. A.Q. later filed a civil action seeking damages against …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The News & Observer Publishing Company petitions for review of an order of the Circuit Court for Duval County which sealed a file, thus precluding public inspection of its contents. We have jurisdiction in accordance with Florida Rule of Appellate Procedure 9.100(d).

A.Q. gave birth to twins in July of 2005. Shortly thereafter the children were adopted by a married couple who live in North Carolina. A.Q. sought to withdraw her consent and filed a petition for relief in the adoption case in Duval County. She also filed an action to recover damages against the adoptive parents and certain third parties who had involvement in the adoption. It is this latter case, which was voluntarily dismissed by A.Q., which has been sealed by the order challenged in this proceeding. The adoption file must of course remain confidential under the provisions of section 63.162, Florida Statutes.

After a hearing on the defendants’ motion to seal the file, where The News & Observer appeared and was heard, Circuit Judge Peter J. Fryefield entered an order sealing the file in A.Q.’s civil suit. He noted that the confidentiality of the adoption file was an important public policy and that closing the civil litigation file was necessary to implement that policy.

We review the circuit court’s order, which presents mixed questions of law and fact, by applying an abuse of discretion standard. Post-Newsweek Stations, Inc. v. Doe, 612 So. 2d 549, 553 (Fla.1992). We have also taken judicial notice of the file in the adoption case, which is currently on appeal to this court, and conducted an in camera inspection of the civil litigation file. In short, the civil litigation file contains a large amount of information which is also present in the adoption file and sealing the file was necessary to preserve the confidentiality of the information in the adoption file as required by statute.

Petitioner argues that much or most of the information regarding the adoption is now in the public domain and nothing will be accomplished by sealing the file. While information about this case has been reported in the media, based on our review of the two files as described above, we are convinced that a substantial amount of other information has not been made public and that sealing the file was not an abuse of discretion. Finally, petitioner argues that it is only the identity of the birth parents, the adoptive parents, and the children themselves which is confidential and the names of the persons involved in this case have been widely reported in the press. Petitioner suggests, therefore, that closure of the file was error under the rationale of In re Guardianship of Cosio, 841 So. 2d 693 (Fla. 2d DCA 2003). We conclude that petitioner’s interpretation of the scope of protections provided for by section 63.162 is too narrow. In re Adoption of Rand, 347 So. 2d 450 (Fla. 3d DCA 1977).

Accordingly, the petition for review is denied.

PETITION DENIED.

BARFIELD, WOLF, and LEWIS, JJ., concur.


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