BRYAN K. HOGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed a lower court's denial of a motion to compel, holding that a clerk of court has a duty to inform a requester of the cost of copying judicial records. The case clarifies access to judicial records and the appropriate remedy for denial of such access.
Yes, the clerk of court has a duty to respond to a request for information regarding copying costs for judicial records. A motion to compel, treated as a petition for writ of mandamus, is the appropriate procedural vehicle to challenge the denial of access to judicial records.
[1] A clerk of court, as the custodian of judicial records, has a duty to respond to a request for information regarding copying costs.
[2] A motion to compel, meeting the pleading requirements for a mandamus petition, is the appropriate vehicle for challenging the denial of access to judicial records.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As the custodian of the judicial records at issue here, the clerk “had a duty to respond to the request for information as to copying costs.””
Establishes the clerk's duty regarding cost information for judicial records.
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Join FLexlaw to unlock all legal intelligenceBryan Hogan requested copies of specific criminal case records and was willing to pay for them. The circuit court clerk's office refused to provide th…
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NORTHCUTT, Chief Judge.
Bryan Hogan sought copies of specific records from his past criminal cases, and he was willing to pay for the copies. The Florida Rules of Judicial Administration govern access to such judicial records. See Fla. R. Jud. Admin. 2.051 (2006) (governing access to judicial records) (now found at Fla. R. Jud. Admin. 2.420 (2008)); Times Publ’g Co. v. Ake, 660 So. 2d 255 (Fla.1995) (holding that chapter 119, Florida Statutes, does not apply to judicial records).
Hogan complied with rule 2.051(e)(1) by making a sufficiently specific, written request. But the circuit court clerk’s office refused to tell him the cost of obtaining the records until Hogan or someone on his behalf went to the location where the records were stored. As the custodian of the judicial records at issue here, the clerk “had a duty to respond to the request for information as to copying costs.” Woodard v. State, 885 So. 2d 444, 446 (Fla. 4th DCA 2004) (reversing when clerk informed appellant only of the general fee schedule for records but refused to state total cost for requested records); see also Mathis v. State, 722 So. 2d 235 (Fla. 2d DCA 1998) (reversing when court reporter refused to provide cost of requested transcripts).
In this case, Hogan appeals the denial of his motion to compel, which asked the circuit court to direct the clerk to provide Hogan with the cost of the records and then to furnish them upon Hogan’s payment. Hogan’s motion to compel met the pleading requirements for a mandamus petition, see Fla. R. Civ. P. 1.630, which is the appropriate vehicle for challenging the denial of access to judicial records, see Fla. R. Jud. Admin. 2.051(d); Mathis, 722 So. 2d 235. Accordingly, we reverse and remand for the circuit court to treat Hogan’s motion as a petition for a writ of mandamus. See art. V, § 2(a), Fla. Const, (requiring that “no cause shall be dismissed because an improper remedy has been sought”).
Reversed and remanded for further proceedings.
ALTENBERND and WHATLEY, JJ., Concur.
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Gonzalez v. State, 240 So. 3d 99 (Fla. 2d DCA 2018)…sure. Gonzalez attached to his motion a copy of the initial request to the State, as well as the responses from the State Attorney's Office. The circuit court treated the motion to compel as a petition for writ of mandamus. See Hogan v. State, 983 So. 2d 656, 658 (Fla. 2d DCA 2008) ("[A] mandamus petition . . . is the appropriate vehicle for challenging the denial of access to judicial records." (citation omitted)). After reviewing the motion, the court summarily denied it, finding that Gonzalez had…
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Lawn v. State, 128 So. 3d 878 (Fla. 2d DCA 2013)…for documents. Mr. Lawn’s motion to compel met the pleading requirements for a petition for writ of mandamus, see Fla. R. Civ. P. 1.630(b), “which is the appropriate vehicle for challenging the denial of access to judicial records.” Hogan v. State, 983 So. 2d 656, 657-58 (Fla. 2d DCA 2008). The circuit court granted Mr. Lawn’s request for production of the charging document and judgment and sentence in his criminal case. But apparently overlooking Mr. Lawn’s statement that he was willing to pay the reasona…
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Blackshear v. State, 115 So. 3d 1093 (Fla. 1st DCA 2013)…sterial Duties” where factual allegations in motion, together with attached request to clerk of court for records, constituted facially sufficient petition for writ of mandamus such that court was required to issue alternative writ); Hogan v. State, 983 So. 2d 656, 657-58 (Fla. 2d DCA 2008) (reversing denial of inmate’s motion to compel clerk’s office to provide [*1095] costs of copying requested records from inmate’s criminal files, and directing court on remand to treat motion as mandamus petition). We re…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Times Publ'g Co. v. AKE, 660 So. 2d 255 (Fla. 1995)
- Woodard v. State, 885 So. 2d 444 (Fla. 4th DCA 2004)
- Mathis v. State, 722 So. 2d 235 (Fla. 2d DCA 1998)