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Glendale Montessori School, Inc. v. State
Citations: 645 So. 2d 164; 95 Educ. L. Rep. 1150; 1994 Fla. App. LEXIS 11322Docket: No. 94-0416
Court: District Court of Appeal of Florida; November 22, 1994; Florida; State Appellate Court
Glendale Montessori School, Inc. appeals the denial of its motion for the return of its personnel and student records, which were seized by the Stuart Police Department under a search warrant during a criminal investigation of employees Brenda Williams and James Toward for offenses against minor students. Brenda Williams pleaded nolo contendere to multiple counts in May 1989, and James Toward pleaded guilty to six counts in June 1989, both resulting in incarceration. The school, not a party to the criminal cases, sought the records to defend against civil lawsuits filed by former students in October 1992. The police department refused to return the records, citing their status as evidence for potential future prosecution should Toward's plea be overturned. However, since both criminal cases have concluded and the time limit for Toward's post-conviction motion has passed, the state's interest in retaining the records is minimal. The appellate court determined that the trial court erred in denying the school’s motion and reversed that order, instructing the trial court to direct the return of the records to the school. The court also allowed for the trial court to implement measures to protect the identities of the victims from public disclosure upon remand. The decision was concurred by the judges DELL, GUNTHER, and KLEIN.