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: ANDERSON, CARLISHA DENISE 2558 4TH AVE UNIT 2 CHATTANOOGA, 37404 23 Chattanooga ATTEMPTED FIRST DEGREE MURDER AGGRAVATED ASSAULT AUSTIN, ASHLEY MESHELLE 2004 E 13TH ST APT A CHATTANOOGA, 37404 23 Chattanooga REGISTRATION, DRIVING UNREGISTERED VEHICLE LIGHT LAW VIOLATION STOP SIGN VIOLATION ... (click for more)

Bradley County SPCA Board Addresses Allegations Of Unanswered Calls

During a Monday afternoon Bradley County Commission meeting, a representative from the sheriff's department said that there were 266 emergency calls unanswered by the SPCA regarding animals. Later Monday evening, the SPCA Board addressed the allegations. SPCA Board President Ed Elkins said, "No one from the SPCA Board had heard about this." President Elkins also pointed ... (click for more)

Chattanooga Has Lost Its Most Popular Citizen - Luther Masingill

Chattanooga has lost its most popular citizen – Luther Masingill. Although we are saddened we cherish the memories.  All of us have a Luther story.  Mine is the first time I met Luther.  This was before TV and all of Chattanooga listened to Luther on the radio.  I was 12-years-old.  Some of my buddies and I had gone to the State Theater in downtown ... (click for more)

Roy Exum: An Election Day Fable

Every day I am peppered with emails that friends send to me from across the country so I am unsure of where the fable you are about to read originated. But with early voting for the November general election now in full swing, I think everyone who will -- or will not -- take part in freedom’s greatest privilege should read this story because I believe there is a great lesson contained ... (click for more)

Tennessee Wastes No Time Shifting Attention To Alabama

KNOXVILLE, Tenn. – L ittle time had passed following Tennessee's 34-3 loss to Ole Miss on Saturday night before the challenge that lies ahead this week crossed the mind of the UT staff. In past years, a loss of that type could have had a lasting impact on the psyche of the team. But  Tennessee coach Butch Jones   still sees his team progressing, both mentally ... (click for more)

Ooltewah's Riley Hickman: 2-for-2 Wins At Cleveland And Talladega

The “Hustler” Riley Hickman of Ooltewah hunkered down this weekend and picked up a pair of wins in Dirt Track competition. Friday night the # R1 “Hickman Manufacturing, American Billett, Austin Trucking, Tucker Mobile Home Service, Allstar Graphics, VP Racing Fuels, RH Designs, Competition Racing Equipment, A-1 Towing, MRC” sponsored CVR / Vic Hill powered machine ... (click for more)