Appeals Court Awards Full Fees, Costs To Chattanooga Woman Who Said City Did Not Provide Documents She Sought

Friday, February 14, 2014

The Tennessee Court of Appeals has directed that the city of Chattanooga pay over $70,000 to a woman and her attorney in a case in which she said the city did not supply the public documents she requested.

The award goes to Rebecca Little and her attorney, John Anderson.

Chancellor Frank Brown initially did not award costs and fees to Ms. Lee.

After a successful appeal, he set the amount at $50,284.50.

There was an appeal in which it was ruled that Ms. Little was to get the full amount sought.

The ruling says, "This appeal questions the propriety of the trial court’s award of attorney’s fees and costs pursuant to Tennessee Code Annotated § 10-7-505(g) (Supp. 2013). The statute provides that an award of fees and costs can be made when a municipality wrongfully fails to disclose public documents requested pursuant to the Public Records Act. In the prior appeal of this action, this Court determined that the trial court abused its discretion in failing to award the plaintiff fees and costs she incurred in seeking the disclosure of public documents from the City of Chattanooga pursuant to the referenced statute.

"Upon remand, the plaintiff filed a petition seeking attorney’s fees and costs exceeding $70,000.00. The trial court found that the total fees and costs sought by the plaintiff were unreasonable and excessive, and the court reduced the amount of fees awarded to $50,284.50. The court also reduced the costs awarded for mileage and court reporter charges. Plaintiff appeals.

"We reverse the trial court’s judgment and remand for entry of an award of the full amount of fees and costs sought."


Briston Smith Jr., 18, Charged In Slaying Of Teen, Who Wrecked Vehicle In North Chattanooga

A man has been arrested in Catoosa County for the murder of the teen whose vehicle was involved in a wreck in North Chattanooga on Monday night. Briston J. Smith, Jr., 18, was taken into custody at the home of a family member on Pinto Lane. Smith was to  be charged with possession of marijuana for resale in Catoosa County and the murder of 19-year-old Charles Holsey in ... (click for more)

Fanatics Gets 3-Day Beer License Suspension After Employee Drinks On The Job, Hits Firefighter

Fanatics bar has been given a three-day beer license suspension after an employee drank on the job and then struck a firefighter who was directing traffic. In the incident on Feb. 1, Chattanooga Police Officer Brian Blumberg responded to an accident on East Brainerd Road. When he arrived, he found Larry O'Rear, who had been helping direct traffic at the site of a crash, had ... (click for more)

How To Kill Small Business And Education In Chattanooga

   I would just like to say that the weathermen of Chattanooga have done something I thought only a union could do. They have undone all the economic good that VW has brought to our area. Their erroneous and hysteric forecasts are in my opinion purposefully done to benefit their corporate owners so viewers and readers flock to their felonious broadcasts and yellow ... (click for more)

Roy Exum: America’s Newest Darling

Minutes after I read a letter on Rebekah Gregory’s Facebook page yesterday, I was mere seconds from summoning the marching band, our prancing elephants, and the flag-bearers so we could rightfully induct this dazzling survivor of the Boston Marathon blast into my personal Hall of Fame. I do that, you know, when I see everyday people display courage, kindness, guts, brilliance, ... (click for more)

UTC Women Open Southern Conference Tournament With Big Win

University of Tennessee at Chattanooga sophomore Jasmine Joyner (Southaven, Tenn.) posted a double-double with a career-high 22 points and 10 rebounds and led the Mocs to a 78-44 win over UNCG Thursday afternoon at Kimmel Arena. Joyner was 9-for-10 on the day from the field and pulled down eight defensive boards. She added four blocked shots to her SoCon record for 122 on the ... (click for more)

TSSAA State Tournament Games Postponed Due To Weather

All TSSAA state basketball tournament games scheduled for today have been postponed due to extremely hazardous road conditions.  Today’s schedule will resume tomorrow at 11:00 a.m. in order to allow extra time to for road conditions to improve in the morning.   Friday’s scheduled semifinal games will be played on Saturday beginning at 1:30 p.m. due ... (click for more)