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LEE v. BOARD OF TRUSTEES

No. 1D12-0587.

113 So.3d 1010 (2013)

Curtis W. LEE, Appellant, v. BOARD OF TRUSTEES, JACKSONVILLE POLICE & FIRE PENSION FUND, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 2013.

Attorney(s) appearing for the Case

Robert M. Dees of Milam Howard Nicandri Dees & Gillam, P.A., Jacksonville, for Appellant.

Robert D. Klausner , Stuart A. Kaufman , and Shaun H. Malvin of Klausner & Kaufman, P.A., Plantation, for Appellee.

Jonathan D. Kaney, Jr. , of Kaney & Olivari, P.L., Ormond Beach, for Amicus Curiae First Amendment Foundation, Inc.

PER CURIAM.

We reverse the order denying appellant's motion for attorney's fees. Section 119.12, Florida Statutes (2009), authorizes an award of fees when an agency has "refused to permit a public record to be inspected or copied" in violation of chapter 119. Although fees are not warranted when the entity in charge of the public records at issue was reasonably and understandably unsure of its status as an agency, New York Times Co. v. PHH Mental Health Services...

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