Schweickert v. Citrus County Florida Board

193 So. 3d 1075, 2016 Fla. App. LEXIS 9381, 2016 WL 3353692
CourtDistrict Court of Appeal of Florida
DecidedJune 17, 2016
Docket5D15-3007
StatusPublished
Cited by4 cases

This text of 193 So. 3d 1075 (Schweickert v. Citrus County Florida Board) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schweickert v. Citrus County Florida Board, 193 So. 3d 1075, 2016 Fla. App. LEXIS 9381, 2016 WL 3353692 (Fla. Ct. App. 2016).

Opinion

EDWARDS, J.

Robert A. Schweickert, Jr. (“Appellant”) argues that the trial court erred in dismissing with prejudice his amended complaint to enforce public records law on the ground that the case is moot. Appellant contends that, even though the Citrus County Board of County Commissioners (“the Board”) produced the records after the complaint was filed, the trial court erred in dismissing the complaint because an issue.remained as to his entitlement to attorney’s fees. We agree and remand for the trial court to determine and award reasonable fees and costs to Appellant.

On June 2, 2014, Brad Thorpe, the County Administrator of the Board, sent a formal letter of complaint (“complaint letter”) to the Board regarding County' Commissioner Scott Adams’ allegedly insulting, unprofessional, and demeaning behavior directed at Thorpe and other county employees. The complaint letter alleged that Adams’ behavior resulted in a hostile work environment and forced many senior staff members to resign from their positions.

The complaint letter contained six examples of Adams’ allegedly inappropriate behavior: (i) Adams threatened and harassed building officials with regard to a building permit; (ii) Adams failed to follow proper county protocol by contacting various state agencies to ask for investigations of county issues on the basis of rumor and innuendo; (iii) Adams verbally abused staff members and communicated with staff members in á demeaning and unprofessional -manner; (iv) Adams authored letters of no confidence without any proof or documentation; (v) Adams disrespected county staff and government employees; and (vi) Adams received several warning letters- advising him that he was creating a hostile work environment and that he was failing to follow proper protocol when communicating with staff members. Thorpe attached supporting - documentation to the complaint.

On June 17, 2014, the Board Hired Dorothy F. Green, a private attorney from Orlando, to investigate the charges made in Thorpe’s complaint. On September 11, 2014, Appellant, the publisher of an internet newspaper entitled Groundhog News, submitted to Green a public records request, requesting the following:

Any notes (written or recorded), emails, faxes, dictations, or other means of correspondence or communication. Any of which has been generated by yourself or your firm ás a result of the investigation your firm was' hired to complete for [the Board]. Specifically related to the allegations of workplace harassment by Commissioner Scott Adams.

On September 16, 2014, Appellant sent Green a second public records request, seeking all documentation “regarding the Citrus County harassment case [Green’s] firm is handling for [the Board].” On the same day, Green responded that she could not provide Appellant with the requested documents. She claimed that the records were exempt under section 119.071(2)(g)l., Florida Statutes (2014). On September 22, 2014, Appellant asked Green to reevaluate her position. In her response, Green reiterated that the records fell under the section 119,071(2)(g)l. exemption. Green, however, indicated that she would “provide copies of [her] notes once the investigation is complete upon request.”

On October 2, 2014, Appellant filed a complaint to enforce public records law. The complaint contained two counts. The first count sought a writ of mandamus to compel production of the requested rec *1078 ords. The second count sought a declaration that the Board did not respond in good faith to the public records request and that the Board unlawfully denied Appellant access to- the requested records. The second count of the complaint also sought a mandatory injunction to require the. Board to provide Appellant with copies of the requested records, and sought payment of reasonable attorney’s fees.

On October 27, 2014, after suit was commenced, Green provided Appellant with a copy of her report. Thereafter, the .trial court granted the Board’s motion to quash service of Appellant’s initial complaint that was served before the trial court determined if the petition for mandamus required a response from the Board. The court indicated that leave would be granted if Appellant chose to amend his action for declaratory relief. ' On the following day, Appellant filed his amended complaint to enforce public records law, which requested the court to declare that the Board unlawfully denied his request, and which sought an award of attorney’s fees and costs.

The Board moved to dismiss the amended complaint on several grounds, including the assertioh that Appellant’s claim was moot because Appellant had already received Green’s report. The trial court granted the Board’s motion and dismissed Appellant’s amended complaint with prejudice, finding that it was moot and thus did not state a= cause of action. In its order, the court specified that, other than Appellant’s attempt to seek attorney’s fees, there was no practical need to determine whether the documents initially withheld by Green were exempt under section 119.071(2)(g)l.

“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.” Godwin v. State, 593 So.2d 211, 212 (Fla.1992) (citing DeHoff v. Imeson, 153 Fla. 553; 15 So.2d 258, 259 (1943)). “A case is ‘moot’ when it presents no actual controversy or when the issues have ceased to exist, A moot case generally will be dismissed.” Id. (citing Black’s Law Dictionary 1008 (6th ed.1900)). “Mootness does not destroy an appellate court’s jurisdiction ,.. when the questions raised are of general importance or are likely to recur” or if “collateral legal consequences that affect the rights of a party flow from the issue to be determined.” Id. (alteration in original) (citing Holly v. Auld, 450 So..2d 217, 218 n. 1 (Fla.1984); Keezel v. State, 358 So.2d 247, 248-49 (Fla. 5th DCA 1978)). Appellant contends that his case is not moot because of the collateral legal consequences flowing from the underlying public records case, i.e., his alleged right to attorney’s fees.

In Mazer v. Orange County, 811 So.2d 857 (Fla. 5th DCA 2002), plaintiff “submitted a public records request to the Orange County Building Department seeking information regarding procedures which must be followed for demolition of a building.” 811 So.2d at 858. When plaintiff received the records, the County did not include a copy of the Unsafe Building and Abatement Code because it did not have any extra copies of the Code for distribution and federal law prevented the County from making a copy of the Code for plaintiff. Id. Plaintiff filed a mandamus petition, requesting a copy of the Code and additionally sought attorney’s fees. Id. “The day before [Orange County’s answer] was due, [it] wrote [plaintiff] that it had recently purchased extra copies of the Code from the publisher and, based upon his previous request, [plaintiff] could purchase a copy at cost.” Id. Orange County, then.moved to dismiss. Id. The trial court dismissed the mandamus petition- as moot on the ground that plaintiff had received a copy of the Code he requested. Id,

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Cite This Page — Counsel Stack

Bluebook (online)
193 So. 3d 1075, 2016 Fla. App. LEXIS 9381, 2016 WL 3353692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schweickert-v-citrus-county-florida-board-fladistctapp-2016.