Sarasota Herald-Tribune Co. v. Talley

This is a petition for review, filed pursuant to Florida Rule of Appellate Procedure 9.100(d), of a “gag order” issued by respondent in State v. Nowitzke, Nos. 85-1835-F and 87-1931-F, which was at the time being prosecuted in the Circuit Court in and for Manatee County. While it appears that the trial court departed from the essential requirements of law in issuing the order without prior notice and opportunity to be heard by at least one member of the media, see News-Press Publishing Co., Inc. v. Hayes, 493 So.2d 1 (Fla. 2d DCA 1986); Times Publishing Co. v. Penick, 433 So.2d 1281 (Fla. 2d…