Filed: Apr. 05, 2019
Latest Update: Mar. 03, 2020
Summary: IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA April 5, 2019 BRANDON TECKLENBURG, ) ) Appellant, ) ) v. ) Case No. 2D18-332 ) ERIKA KOUREMETIS, ) ) Appellee. ) _) BY ORDER OF THE COURT: The motion for rehearing en banc is denied. The motion for written opinion is granted. The opinion dated January 23, 2019, is withdrawn, and the attached opinion is issued in its place. No further motions for rehearing will be entertained. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL C
Summary: IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA April 5, 2019 BRANDON TECKLENBURG, ) ) Appellant, ) ) v. ) Case No. 2D18-332 ) ERIKA KOUREMETIS, ) ) Appellee. ) _) BY ORDER OF THE COURT: The motion for rehearing en banc is denied. The motion for written opinion is granted. The opinion dated January 23, 2019, is withdrawn, and the attached opinion is issued in its place. No further motions for rehearing will be entertained. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL CO..
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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
April 5, 2019
BRANDON TECKLENBURG, )
)
Appellant, )
)
v. ) Case No. 2D18-332
)
ERIKA KOUREMETIS, )
)
Appellee. )
___________________________________)
BY ORDER OF THE COURT:
The motion for rehearing en banc is denied. The motion for written opinion is
granted. The opinion dated January 23, 2019, is withdrawn, and the attached opinion is
issued in its place. No further motions for rehearing will be entertained.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BRANDON TECKLENBURG, )
)
Appellant, )
)
v. ) Case No. 2D18-332
)
ERIKA KOUREMETIS, )
)
Appellee. )
___________________________________)
Opinion filed April 5, 2019.
Appeal from the Circuit Court for Pinellas
County; Thane B. Covert, Judge.
J. Andrew Crawford of J. Andrew Crawford,
P.A., St. Petersburg for Appellant.
No appearance for Appellee.
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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