Summary
reversing order dismissing the appellant's complaint and finding the order, entered without an evidentiary hearing, was premature
Summary of this case from Johnson v. JarvisOpinion
Case No. 4D03-520.
Opinion filed October 1, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 02-13784(03).
James A. Grace, Fort Lauderdale, pro se.
Robert D. Yates of Buschel, Carter, Schwartzreich Yates, Fort Lauderdale, for appellee.
After the sheriff denied appellant's request for public records, appellant filed this action under section 119.11, Florida Statutes (2001), asking the trial court to determine whether the sheriff properly refused to produce the records. We reverse the order dismissing appellant's complaint. Although the sheriff may ultimately not be able to retrieve these records, because of their age or another reason, the order in this case, entered without an evidentiary hearing, was premature. Reversed.
POLEN, KLEIN and STEVENSON, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.