ANDREW C. CLARKE v. CITY OF MEMPHIS - Articles

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Posted by: Chandra Williams on Jul 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Allan J. Wade, and Brandy S. Parrish, Memphis, Tennessee, for the appellant The City of Memphis.

Attorneys 2:

Andrew Clarke, Memphis, Tennessee, Pro Se.

Judge(s): GOLDIN

This appeal stems from a public records dispute, pursuant to the Tennessee Public Records Act, Tennessee Code Annotated § 10-7-101 et seq., litigated in the Shelby County Chancery Court. The trial court awarded Appellee/Cross-Appellant $3,500.00 in attorneys‘ fees and costs due to the City of Memphis‘ (?the City?) failure to timely respond to Appellee/Cross-Appellant‘s open records request. The City appealed concerning the propriety of the award of attorneys‘ fees. Appellee/Cross-Appellant cross-appealed concerning the amount of the fees awarded and additionally prayed for an award of attorneys‘ fees on appeal. Although we conclude that Appellee/Cross-Appellant is entitled to attorneys‘ fees, we modify the amount awarded from $3,500.00 to $2,340.00. Further, we deny Appellee/Cross-Appellant‘s request for attorneys‘ fees on appeal.

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