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SCHWARTZMAN v. MERRITT ISLAND VOL. FIRE DEPT.

No. 77-455.

352 So.2d 1230 (1977)

Robert SCHWARTZMAN, Appellant, v. MERRITT ISLAND VOLUNTEER FIRE DEPARTMENT, Donald Gilroy and Carl Schneider, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 1978.

Attorney(s) appearing for the Case

S. Lindsey Holland, Jr. of Crofton, Holland, Starling, Harris & Severs, P.A., Melbourne, for appellant.

Malcolm R. Kirschenbaum of Wolfe, Kirschenbaum, Caruso & Mosley, P.A., Cocoa Beach, for appellees.

LETTS, Judge.

This is an appeal from a declaratory judgment holding that a nonprofit volunteer fire department is not an "agency" and its records are not "public records" within the purview of Chapter 119, Florida Statutes (1975).

We reverse.

The Merritt Island Volunteer Fire Department is a nonprofit corporation composed of public spirited citizens who volunteer, with virtually no recompense, to man the county owned fire fighting equipment on Merritt...

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