JAMES A. GRACE, APPELLANT,
v.
KEN JENNE, AS SHERIFF OF BROWARD COUNTY, APPELLEE
JAMES A. GRACE, APPELLANT,
KEN JENNE, AS SHERIFF OF BROWARD COUNTY, APPELLEE
855 So. 2d 262
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
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.
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L.J. Johnson v. Robert L. "Skip" Jarvis, Jr., 74 So. 3d 168 (Fla. 1st DCA 2011)…3). The appellant’s complaint alleged instances of refusal and facially stated a cause of action under chapter 119. Accordingly, we reverse the order dismissing the complaint and remand for an evidentia-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 mot…
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Kline v. Univ. OF Fla., 200 So. 3d 271 (Fla. 1st DCA 2016)…ion 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. See Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 2003). For this reason, we reverse the trial court’s order denying Kline’s petition. We direct the court on remand to conduct a hearing as required by section 119.11(1), and to resolve any dispute between the parties as to whether…
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Human Rights Def. Ctr. v. Armor Corr. Health Servs., Inc. (Fla. 3d DCA 2021)…dentiary setting. See Clay Cnty. Educ. Ass’n v. Clay Cnty. Sch. Bd., 144 So. 3d 708, 710 (Fla. 1st DCA 2014) (reversing and remanding dismissal of mandamus petition for an evidentiary hearing to resolve disputed issues of fact); Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 2003) (“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 3 whether the sheriff properly refused…
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