HEALTH AND FAMILY v. LEXINGTON H-L

No. 2010-CA-002194-MR.

382 S.W.3d 875 (2012)

COMMONWEALTH of Kentucky, CABINET FOR HEALTH AND FAMILY SERVICES, Appellant, v. LEXINGTON H-L SERVICES, INC. d/b/a Lexington Herald-Leader; William Estep; and the Courier-Journal, Inc., Appellees.

Court of Appeals of Kentucky.

October 19, 2012.


Attorney(s) appearing for the Case

D. Brent Irvin (argued), Mona Womack , Frankfort, KY, for Appellant.

Robert F. Houlihan, Jr. , Kif H. Skidmore (argued), Lexington, KY, for Appellee Lexington H-L Services, INC. d/b/a Lexington Herald-Leader.

Jon L. Fleischaker (argued), Jeremy S. Rogers , Louisville, KY, for Appellee the Courier-Journal, INC.

Before ACREE, Chief Judge; MOORE, Judge; LAMBERT, Senior Judge.


OPINION

LAMBERT, Senior Judge:

This is an appeal from an award of attorneys' fees and costs to prevailing parties in an action brought under the Kentucky Open Records Act. The sole issue presented for our consideration is whether the circuit court erred in finding that the Cabinet for Health and Family Services had "willfully withheld" requested records in violation of the Act. After our review, we affirm.

Background and Procedural History...

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