Supreme Court of Florida

Pat Bainter, as Non-Parties, Appellants v. League of Women Voters of Florida, Appellees

November 13, 201439 Fla. L. Weekly Supp. 689

Summary

The court affirmed orders requiring non-parties to produce 538 pages of documents subpoenaed in constitutional redistricting litigation. It held that the non-parties waived any qualified First Amendment associational privilege by failing to assert it until after contempt proceedings, and that their trade-secrets claim was both procedurally deficient and unsupported on the merits. The court also ordered the documents and sealed portions of the trial transcript unsealed. Justice Polston, concurring in result, agreed with the waiver and trade-secrets conclusions but separately reasoned that the waiver also satisfied federal-law requirements because the non-parties had a reasonable opportunity to assert their federal rights.