KIMBERLY CUSTIS v. METROPOLITAN NASHVILLE POLICE DEPARTMENT - Articles

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Posted by: Tanja Trezise on Oct 11, 2012

Court: TN Court of Appeals

Attorneys 1:

Elliot Ozment, Nashville, Tennessee, for the appellant, Kimberly Custis.

Attorneys 2:

Saul Solomon, Lora Barkenbus Fox and Jeff Campbell, Metropolitan Nashville Department of Law, for the appellee, The Metropolitan Nashville Police Department.

Judge(s): CANTRELL

This case involves a claim for attorney’s fees and costs under the Public Records Act. The trial court declined to award fees and costs to appellant under Tenn.Code Ann. § 10-7- 505(g), which requires a finding of a willful and knowing failure to comply with requests filed pursuant to the Act. We conclude that the trial court did not abuse its discretion in denying an award of attorney’s fees and costs because the court made specific findings concerning the willfulness of appellee’s failure to respond, and the evidence does not preponderate against those findings. Affirmed.

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