Heritage Property & Casualty Insurance Co. v. Rapkin; Florida Peninsula Insurance Co. v. Florida Department of Financial Services
Insurers sought certiorari from a trial court order that, in consolidated public-records/trade-secret litigation, directed sealed records be given to the public-records requestor-intervenors (subject to a confidentiality order) and allowed them full participation and discovery before any ruling on exempt status. The First DCA held the order caused irreparable harm and departed from the essential requirements of law, quashing it and directing the trial court to decide exemption/trade-secret status first through a confidentiality-preserving in camera inspection or evidentiary hearing.
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Key facts
- Heritage Property & Casualty Insurance Co. and Florida Peninsula Insurance Co. challenged a trial court order that directed sealed records be disclosed to public-records requestors subject to a confidentiality order, with requestors permitted full participation and discovery before any ruling on exempt or trade-secret status.
- The trial court consolidated public-records and trade-secret litigation and ordered production of materials claimed to be trade secrets before determining whether they qualified for trade-secret exemption under Florida law.
- +2 more key facts with a free trial
Why it matters
This gives counsel a clean, citable roadmap for certiorari relief whenever a trial court orders disclosure of claimed trade secrets or exempt public records before adjudicating exempt status — including the point that a… — full analysis with a trial
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