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."


Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: BAILEY, ALBERT LEON 816 ROANOKE AVE CHATTANOOGA, 37404 73 Chattanooga DOMESTIC ASSAULT BARNES, WESLEY SAMUEL 306 UPSHAW DR CHICKAMAUGA, 30707 38 Chattanooga POSSESSION OF LEGEND DRUGS W/O PRESCRIPTION POSSESSION OF CONTROLLED SUBSTANCE DRIVING ON REVOKED, SUSPENDED OR CANCELLED LICENSE ... (click for more)

PHOTOS: Funeral Of Luther Masingill

For video by Ben Cagle click here , here and here . (click for more)

Tom Dugan Was A Good Man

Tom was my boss for most of my 36 years at Carta.  At the ceremony where I was awarded my 30-year service award, Tom said, "Don disagrees with 85% of my decisions, but I wish I had 80 more employees just like him." This kind of indicates our relationship. When I asked him to help with my plans for a reunion for the group of Veterans that I served with in Vietnam, he quickly ... (click for more)

Roy Exum: More Sunday Funnies

On the last Sunday before Daylight Savings Time disappears next week, let’s go to my jokes back for some grins and giggles: * * * An old gentleman was on the operating table awaiting surgery and he insisted that his son-in-law, a renowned surgeon, perform the operation.  As he was about to get the anesthesia, he asked to speak to his son-in-law. “Yes, Dad, what is ... (click for more)

Alabama Wins 34-20, But Vols Find A Can-Do QB In Dobbs

KNOXVILLE, Tenn. – Tennessee now has renewed hope for success down the home stretch of the 2014 football season. Maybe a bowl game is more a reality now than it was a week ago. Why? Quarterback Joshua Dobbs got on the field. Dobbs, who hadn’t taken a snap all season, rallied the Vols from a 27-0 deficit and turned in a sterling performance to threaten fourth-ranked ... (click for more)

Notre Dame edges Boyd Buc, 1-0 in Girls Soccer

Notre Dame senior Liz Ciabattone scored in the fifth minute and then the Irish held off a battling Boyd Buchanan team for the next 85 minutes for a 1-0 triumph in an A-AA sectional match. The victorious Irish along with Chattanooga Christian (2-0 winner against Grace) advance to the state quarters next Wednesday in Murfreesboro. “It’s good to get the win and advance to the ... (click for more)