MARY COOK
v.
FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2021-04-14
No. 20-2692
Florida District Court of Appeal, First District (2021)


Opinion of the Court
Long

PER CURIAM.

The trial court decided the merits of Appellant’s public-records claim without conducting a hearing. As Appellant argues and Appellee concedes, this was error. In an action to enforce the provisions of chapter 119, Florida law requires the trial court to hold a hearing before entering a final order. § 119.11(1), Fla. Stat. (2020); see also Kline v. Univ. of Fla., 200 So. 3d 271, 272 (Fla. 1st DCA 2016) (holding that the “plain language of section 119.11(1) requires the trial court to conduct a hearing on actions seeking to enforce the right to access public records under chapter 119. Absent waiver, an order issued without the statutorily-required hearing is premature.”). We reverse and remand for a hearing.

REVERSED and REMANDED.

KELSEY, NORDBY, and LONG, JJ., concur. _____________________________


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