Summary
reversing order granting motion to dismiss and remanding for 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, Florida Statutes
Summary of this case from Johnson v. JarvisOpinion
No. 95-3166.
August 28, 1996.
Appeal from the Nineteenth Circuit Court, St. Lucie County, Scott M. Kenney, J.
Jeffrey S. Kurtz, Wellington, for appellants.
Rhea P. Grossman of Rhea P. Grossman, P.A., Miami, for appellees.
As to the City of Port St. Lucie and city manager Donald Cooper, we reverse the order granting the motion to dismiss. Appellants were the proper party plaintiffs to the lawsuit seeking public records. The complaint facially stated a cause of action for relief under chapter 119, Florida Statutes (1995). Whether or not the custodian designated under section 119.021 was served with a records request is not germane to this lawsuit. Section 119.07(1)(a) imposes a duty of disclosure upon " [every person who has custody of a public record." (Emphasis supplied). Under the statute, the custodian, or custodian's designee, supervises the manner of disclosure. § 119.07(1)(a), Fla. Stat. (1995). Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995). We affirm the dismissal as to appellees Orr and Hendricks.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
DELL, SHAHOOD and GROSS, JJ., concur.