Legal Opinion · Dissent

Dippolito v. State

District Court of Appeal of Florida

Decided May 26, 2017No. 4D17-1145Published

1DissentWarner, J.

I would grant the petition because the State did not present evidence to support the necessity of a gag order on the attorneys in this case. We have held that such an order must be supported by evidence. See E.I. Du Pont de Nemours & Co. v. Aquamar, S.A., 33 So.3d 839, 841 (Fla. 4th DCA 2010) (“[A] gag order should be supported by evidence .... ”); Rodriguez ex rel. Posso-Rodriguez v. Feinstein, 734 So.2d 1162, 1164-65 (Fla. 3d DCA 1999) (reversing a gag order because it was not supported by evidence). Here, despite the objection by petitioners, the court ruled without requiring the State to…

2Cases cited3 opinions

  1. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  2. Gentile v. State Bar of Nev.Supreme Court of the United States · 1991
  3. E.I. Du Pont De Nemours & Co. v. Aquamar, S.A.District Court of Appeal of Florida · 2010

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