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B & S UTILITIES, INC. v. BASKERVILLE-DONOVAN, INC.

No. 1D07-2918.

988 So.2d 17 (2008)

B & S UTILITIES, INC., Appellant, v. BASKERVILLE-DONOVAN, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2008.

Attorney(s) appearing for the Case

Timothy P. Atkinson and Gavin D. Burgess of Oertel, Fernandez, Cole & Bryant, P.A., Tallahassee, for Appellant.

Thomas J. Guilday, Jaken E. Roane, Lindsay L. Carter, and D. Ty Jackson of Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Appellee.

BENTON, J.

B & S Utilities, Inc. (B & S) appeals a final judgment, contending the circuit court erred in ruling that Baskerville-Donovan, Inc. (BDI) "did not act on behalf of [the City of Apalachicola] so as to make [any of] the firm's documents public records" for purposes of section 119.07, Florida Statutes (2006). See Fla. R.App. P. 9.030(b)(1)(A) (2007). In the judgment under review, the trial judge first stated: "Were this a case of first impression...

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