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ECONOMIC DEVELOPMENT COM'N v. ELLIS

No. 5D14-1356.

178 So.3d 118 (2015)

ECONOMIC DEVELOPMENT COMMISSION, Etc., Appellant/Cross-Appellee, v. Scott ELLIS, In His Official Capacity, Etc., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Certification to S.Ct. Denied November 19, 2015.

Attorney(s) appearing for the Case

Edward G. Guedes and Alicia H. Welch , of Weiss Serota Helfman, Cole & Bierman, P.L., Coral Gables, for Appellant/Cross-Appellee.

Curt Jacobus , Alec D. Russell , and Charles T. Wells , of GrayRobinson, P.A., Melbourne, and Kevin C. McBride , Staff Counsel to the Clerk, of Titusville, for Appellee/Cross-Appellant.

Scott L. Knox , Office of the Brevard County Attorney, Viera, Amicus Brief of Brevard Count.

Jane Kreusler-Walsh and Stephanie L. Serafin of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, Amicus Curiae Brief of Florida Economic Development Council.

Andrea Flynn Mogensen , of Sarasota, Amicus Curiae Brief of The First Amendment Foundation, Inc., The Associated Press, The Bradenton Herald, Inc., The Florida Center For Investigative Reporting, The Florida Press Association, The Florida Society Of News Editors, Halifax Media Group, LLC, Miami Herald Media Company, Morris Communications Corporation, Orlando Sentinel Communications, LLC, Palm Beach Newspapers, LLC, Scripps Media, Inc., Sun-Sentinel Company, LLC, and The Tampa Media Group.

The Economic Development Commission of Florida's Space Coast, Inc. ("EDC") appeals the trial court's final judgment requiring EDC to provide records to Scott Ellis, in his official capacity as Clerk of the Courts for Brevard County, Florida ("Ellis"). The trial court erred in utilizing only the delegation of function test to conclude...

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