DOTTIE JAMES, INDIVIDUALLY AS NATURAL PARENT AND AS PLENARY GUARDIAN OF THE PROPERTY OF COURTNEY BENTLEY, PETITIONER,
v.
LOXAHATCHEE GROVES WATER CONTROL DISTRICT, RESPONDENT
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Mandamus granted to compel trial court to hold a hearing on plaintiff's right to inspect public records of water control district under Florida's public records statute.
A trial court must hold a hearing under section 119.11, Florida Statutes, to determine whether a plaintiff may inspect a public agency's records at the agency's offices.
[1] A trial court must conduct a hearing under section 119.11, Florida Statutes, to determine whether and under what conditions a party may inspect a public agency's records…
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Join FLexlaw to unlock all legal intelligencePlaintiff was injured in an accident allegedly caused by a water control district and sought to inspect the district's records pertaining to road cond…
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KLEIN, J.
Plaintiff, who was injured in an accident allegedly caused by the respondent, has filed a petition for mandamus or certiorari arguing that the trial court has denied plaintiff her right to inspect the public records of the defendant under Chapter 119, Florida Statutes.
Plaintiff initially sought production of documents through discovery, but then recognized that she would have greater access to defendant’s records under Chapter 119. Because she is not able to identify with specificity all of the defendant’s records which would pertain to its liability involving the condition of a road, plaintiff sought access to all of defendant’s records at defendant’s offices. Defendant contended that this would be disruptive, but offered to produce its records at an off-premises location for plaintiffs inspection. The trial court simply denied plaintiffs motion to compel without giving any reasons.
In Salvador v. Fennelly, 593 So. 2d 1091 (Fla. 4th DCA 1992), a public records case, this court granted mandamus and ordered the trial court to set a hearing pursuant to section 119.11, Florida Statutes. Under that authority we grant mandamus and direct the trial court to hold such a hearing and determine if plaintiffs request to éx-amine defendant’s records at defendant’s offices should be granted, and if so, under what conditions. See § 119.07(l)(a) and (b).
SHAHOOD and TAYLOR, JJ., concur.
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Citator
Cited By
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L.J. Johnson v. Robert L. "Skip" Jarvis, Jr., 74 So. 3d 168 (Fla. 1st DCA 2011)…r an evidentiary hearing on the issue of whether, under the facts of the case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995)); James v. Loxahatchee Groves Water Control Dist., 820 So. 2d 988 (Fla. 4th DCA 2002) (granting mandamus and directing the trial court to hold a hearing and determine if plaintiffs request to examine defendant’s records at defendant’s office should be granted, and if so, under what conditions pursuant to sections…
Authorities Cited
- Salvador v. Fennelly, 593 So. 2d 1091 (Fla. 4th DCA 1992)