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DIOCESE OF VENICE IN FLORIDA, INC; Diocese of Venice in Florida, a corporate sole; Bishop Dewane, as corporate sole of the Diocese of Venice; and Robert Little, Petitioners, v. Mother DOE, o/b/o G.G. Doe; and Paul Doe, o/b/o John Doe, Respondents

Florida District Court of Appeal2016-02-05No. No. 2D15-3360
198 So. 3d 725

Authorities cited

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Opinion

concurrence opinion

CASANUEVA, Judge,

Concurring.

I agree that this petition for writ of certiorari must be denied because the trial cóurt did riot depart from the essential requirements of the law in ordering an ex parte hearing. See Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 648 (Fla. 2d DCA 1995) (holding that a petitioner seeking a writ of certiorari “must establish (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the trial (3) that cannot be corrected on postjudgment appeal”). However, I note that the closure of civil proceedings is governed by Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988), and compliance with Canon 3B(7) of the Code of Judicial Conduct does not necessarily meet the requirements outlined in Barron. Regardless, this issue was not raised in the trial court or in this court, and this court is precluded from addressing it in this limited certiorari proceeding.

majority opinion

PER CURIAM.

Denied.

VILLANTI, C.J., and MORRIS, J., Concur. CASANUEVA, J., Concurs with opinion.