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PHILPITT v. WEINTRAUB

No. 79-322.

377 So.2d 247 (1979)

Marshall S. PHILPITT, As Chairman of the 1976 Fall Term Grand Jury; Richard E. Gerstein, State Attorney of the Eleventh Judicial Circuit of Florida; and John Doe, et al., Appellants, v. Albert L. WEINTRAUB, Appellee.

District Court of Appeal of Florida, Third District.

December 4, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Stephen V. Rosin, Asst. State's Atty., for appellants.

Philip T. Weinstein, Miami, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

HUBBART, Judge.

The central question presented for review is whether a grand jury report relating to an individual, which is not accompanied by a true bill or indictment against such individual, is subject to expungement by a trial court when the report is unjustifiably made public (a) without first having furnished the individual concerned a copy of the report and (b) without having given the individual concerned 15 days thereafter to file with the circuit court...

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