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Florida Star v. B.J.F.

District Court of Appeal of Florida, First District · 1986 · Constitutional Law

Constitutional LawPrivacyAppellate Procedurerape victim identityprivate informationpublicationsection 794.03notice of appeal

Facts

A jury verdict resulted in a final judgment awarding compensatory and punitive damages against The Florida Star. The published information at issue was the name of a rape victim. The court treated that information as private in nature. The case also involved post-trial motions filed simultaneously with the notice of appeal.

Issue

Whether the appellate court had jurisdiction when post-trial motions and the notice of appeal were filed simultaneously, and whether publication of a rape victim's name involved private information that was not to be published as a matter of law.

Rule

When post-trial motions and a notice of appeal are filed simultaneously, the simultaneous filing amounts to abandonment of the post-trial motions, so the appeal may proceed. In addition, a rape victim's name is private information and is not to be published as a matter of law; section 794.03 is pertinent to such publication.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a civil defamation suit in Tampa, a jury returns a verdict against Gulf Harbor Weekly. On the same afternoon the final judgment is entered, the paper files a notice of appeal and, at the same time, files motions for new trial and remittitur.

If the plaintiff argues the appeal is premature because the post-trial motions remain pending, how should the appellate court rule under the majority opinion's doctrine?

Explanation. The majority opinion treats simultaneous filing of a notice of appeal and post-trial motions as abandonment of the post-trial motions. Because the motions are not deemed pending, the notice of appeal divests the trial court of jurisdiction and the appeal may proceed. (Derived from Florida Star v. B.J.F. (n.d.).)