DEPARTMENT OF TAXATION AND FINANCE OF NEW YORK ET AL.

v.

MILHELM ATTEA & BROS., INC., ET AL.

Citator

Cited By

• Duke H. Scott, M.D. v. Nelson, 697 So. 2d 207 (Fla. 1st DCA 1997)
  …t restrictive means to accomplish its purpose. In the initial closure determina [*209] tion, the burden of proof is on the party seeking closure. Id. at 119. Subsequently, in Times Publishing Company v. Russell, 615 So. 2d 158 (Fla.), cert. denied, 510 U.S. 943, 114 S.Ct. 381, 126 L.Ed.2d 330 (1993), the court explained that the standard applicable to an initial closure request is different from the standard applicable to a request to open records that have already been closed by a court. The court held th…

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• Carnegie v. Tedder, 698 So. 2d 1310 (Fla. 2d DCA 1997)
  …We recognize that Lewis does state that the news media must be given notice and an opportunity to be heard on the question of closure prior to a court’s decision. However, in Times Publishing Co. v. Russell, 615 So. 2d 158, 158 (Fla.), cert. denied, 510 U.S. 943, 114 S.Ct. 381, 126 L.Ed.2d 330 (1993), the Florida Supreme Court stated that the Lewis decision was limited to establishing a three-prong test for determining whether the trial court was justified in closing a “criminal” proceeding. Because this ca…
• Farach v. Rivero (Fla. 3d DCA 2019)
  …oving party,” and, it is equally true that “courts retain jurisdiction over their own records.” Metro. Dade Cty. v. San Pedro, 632 So. 2d 196, 197 (Fla. 3d DCA 1994) (quoting Times Publ’g Co. v. Russell, 615 So. 2d 158, 159 (Fla. 1993), cert denied, 510 U.S. 943, 114 S. Ct. 381, 126 L. Ed. 2d 330 (1993)). Here, petitioners neither afforded notice to all parties of interest in the criminal case, nor sought relief before the criminal tribunal. correct, as, in the absence of unsealing, under section 943.059(6…