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College Loses Public Records Fee Fight
An appeals court Wednesday rejected an attempt by Miami Dade College to collect more than $200,000 in a dispute about providing public records.
A three-judge panel of the 3rd District Court of Appeal upheld a circuit judge’s ruling that the college was not entitled to collect $201,087 in attorney fees and costs from Nader + Museu I, LLLP.
The ruling said the college had not provided an estimate or an invoice to the business before producing the public records, contrary to state law and college policies.
The case stemmed from what the appeals court described as an “expansive” public-records request that Nader + Museu made in 2016 related to a development project on college-owned property.
The business subsequently filed a lawsuit alleging that the college did not make the records available or properly respond to the request, Wednesday’s ruling said.
The college hired outside attorneys to represent it and ultimately provided records in response to discovery requests in the lawsuit.
“Neither MDC (the college) nor its outside counsel provided Nader with an estimate of the anticipated cost of the discovery prior to producing the public records, nor did they provide Nader with an invoice for their efforts or request payment prior to producing the public records,” said Wednesday’s ruling, written by Judge Thomas Logue and joined by Judges Edwin Scales and Eric Hendon.
The college sought to recoup attorney fees and the costs of producing the documents.
