# Dade County School Board v. Miami Herald Publishing Co.

> District Court of Appeal of Florida · December 20, 1983 · 443 So. 2d 268

URL: https://www.frixlaw.com/law-library/cases/7530831

## Case

- **Full name:** DADE COUNTY SCHOOL BOARD and Leonard Britton United Teachers of Dade v. The MIAMI HERALD PUBLISHING COMPANY, A DIVISION OF KNIGHT-RIDDER NEWSPAPER, INC., a Florida corporation, and Mark Silva
- **Court:** District Court of Appeal of Florida
- **Decided:** December 20, 1983
- **Citations:** 443 So. 2d 268; 1983 Fla. App. LEXIS 25246
- **Precedential status:** Published
- **Opinion:** Concurrence by Nesbitt
- **Judges:** Bas, Baskin, Hendry, Kin, Nesbitt
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7530831

## Opinion text

NESBITT, Judge
(specially concurring):
I concur in the result reached by the majority opinion, but upon an entirely different basis.
In my view, a discussion as to which law is applicable is completely unnecessary to the disposition of this cause because under either statute the subject records are not exempt from inspection. This is true because each statute by its very terms applied to the personnel files of “employees.” Carl Brown, by his death, has most assuredly ceased to be an employee of the Dade County school system. On this basis, then, I agree with the majority that the medical records and employee evaluations are open to inspection by The Miami Herald.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7530831. Public record. Not legal advice.