WILLIAM PULS AND JANNA PULS, APPELLANTS,
v.
CITY OF PORT ST. LUCIE, DONALD COOPER, ROGER ORR, AND MARK HENDRICKS, APPELLEES
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PER CURIAM.
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(l)(a) imposes a duty of disclosure upon “[ejvery 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(l)(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.
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Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002)…, but prior to final adjudication of the issue by the trial court, does not render the case moot or preclude consideration of Mazer’s entitlement to fees under the statute. We find further support for our decision in Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996). There, as here, after appellants filed suit to obtain public records pursuant to chapter 119, the records were turned over and the circuit court dismissed the lawsuit. The appellate court reversed the dismissal, holding, “Produc…
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L.J. Johnson v. Robert L. "Skip" Jarvis, Jr., 74 So. 3d 168 (Fla. 1st DCA 2011)…tia-ry hearing on the merits. See Grace v. Jenne, 855 So. 2d 262 (Fla. 4th DCA 2003) (reversing order dismissing the appellant’s complaint and finding the order, entered without an evidentiary hearing, was premature); Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996) (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 119.1…
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Schweickert v. Citrus Cnty. Fla. Bd., 193 So. 3d 1075 (Fla. 5th DCA 2016)…record until after the suit was filed was unlawful. Id. The case was remanded “for further proceedings to determine whether [plaintiff was] entitled to fees pursuant to section 119.12, Florida Statutes.” Id.; see also Puls v. City of Port St. Lucie, 678 So. 2d 514, 514 (Fla. 4th DCA 1996) (“Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an eviden-tiary hearing on the issue of whether, under' the facts of this case, there was an unlawful ref…
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