February 3, 2015
Board of Trustees, Jacksonville, etc. v. Curtis Lee
Case Number(s):
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Duval County

Mr. Lee sued the Board of Trustees, alleging it had violated Florida’s public records law
after he made a records request. The trial court found that violations did occur but that
they were simple mistakes made in good faith. Citing that qualification, the court ruled
against Mr. Lee’s motion to recover attorney fees. The First District Court of Appeal
overturned the trial court’s denial of attorney fees, concluding good faith refusal by a
public agency is still an unlawful refusal that triggers payment of attorney fees. The
agency argues that the 1st DCA’s decision conflicts with rulings from other District
Courts of Appeal and this Court as well.