BRANDON TECKLENBURG
v.
ERIKA KOUREMETIS
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A party seeking to determine court records as confidential must present evidence satisfying the burden under Florida Rule of Judicial Administration 2.420, and failure to do so results in denial of the motion.
[1] A party seeking to determine the confidentiality of court records bears the burden of proof.
[2] A petition to determine the confidentiality of court records must identify the specific records sought to be kept confidential, specify the bases for confidentiality with…
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Join FLexlaw to unlock all legal intelligence“The burden of proof in [closure] proceedings shall always be on the party seeking closure.”
Citing Barron v. Fla. Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1998)
Brandon Tecklenburg filed a motion to determine confidentiality of court records. The trial court denied the motion, finding insufficient evidence to …
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PER CURIAM.
We affirm the order denying Brandon Tecklenburg's motion to determine confidentiality of court records. The trial court simply was not presented with evidence sufficient to satisfy the burden placed on Mr. Tecklenburg by Florida Rule of Judicial
Administration 2.420. However, our affirmance does not preclude Mr. Tecklenburg from again seeking a determination of confidentiality provided that he sufficiently justifies the need for closure of the records. See Fla. R. Jud. Admin. 2.420(e)(1) (providing that a petition to determine the confidentiality of records must (1) "identify the particular court records or a portion of a record that the movant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination"; (2) "specify the bases for determining that such court records are confidential without revealing confidential information"; and (3)
"set forth the specific legal authority and any applicable legal standards for determining such court records to be confidential without revealing confidential information"); Barron v. Fla. Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1998) ("The burden of proof in [closure] proceedings shall always be on the party seeking closure."); BDO
Seidman, LLP v. Banco Espirito Santo Int'l, Ltd., 201 So. 3d 1, 2 (Fla. 3d DCA 2009) ("This ruling is without prejudice to BDO Seidman to file a new motion to seal . . . if there is a good faith basis for asserting that any portion of the appendix qualifies for sealing . .
. .").
Affirmed.
KHOUZAM, BLACK, and BADALAMENTI, JJ., Concur.
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Citator
Authorities Cited
- Dempsey J. Barron v. Fla. Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988)
- BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd. (Fla. 3d DCA 2009)