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Memorial Hospital-West Volusia, Inc. v. News-Journal Corp.

Citations: 747 So. 2d 473; 28 Media L. Rep. (BNA) 1255; 1999 Fla. App. LEXIS 17629; 1999 WL 1267258Docket: No. 99-1483

Court: District Court of Appeal of Florida; December 29, 1999; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal concerning a court order that mandated the appellant to produce specific documents for the appellee. The central legal issue is the retroactive application of section 395.3036 of the Florida Statutes, which could exempt the appellant from the obligation to disclose certain records and information. The court examined whether the legislature intended for this statute to apply retroactively, given its remedial nature aimed at addressing uncertainties that deterred private corporations from entering lease agreements. The court referenced the case Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., which questioned the retroactive application of amended statutes, though it did not conclusively address the statute's constitutionality. To resolve the ambiguity and its public importance, the court certified the issue to the Florida Supreme Court. The decision was affirmed, with the court concurring that the matter warranted further examination by the higher court to ensure consistency in application across lower courts.

Legal Issues Addressed

Certification to Higher Court for Clarification

Application: Due to uncertainty and potential challenges in lower courts, the issue is certified to the Florida Supreme Court for further clarification.

Reasoning: The court expresses concern that lower courts may struggle with the current case's proceedings in light of this ambiguity.

Legislative Intent and Public Importance

Application: The court interprets the statute as having a remedial purpose, indicating the legislature's intent for retroactive application and recognizing the matter's significant public importance.

Reasoning: The court believes the legislature intended for the statute to have retroactive application and considers the matter to be of significant public importance, leading to a certification of the issue to the Florida Supreme Court for clarification.

Retroactive Application of Statutes

Application: The court considers whether section 395.3036 of the Florida Statutes should be applied retroactively, which would potentially exempt the appellant from disclosing certain records.

Reasoning: The primary legal question is whether section 395.3036 of the Florida Statutes should be applied retroactively, potentially exempting the appellant from disclosing certain records and information about meetings.