DR. JAMES ERIC MCDONOUGH v. CITY OF HOMESTEAD, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledMarch 25, 2020
Docket3D19-1362
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 25, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1362
Lower Tribunal No. 19-6869
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Dr. James Eric McDonough,
Appellant,
vs.
City of Homestead, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M.
Rodriguez, Judge.
Dr. James Eric McDonough, in proper person.
Weiss Serota Helfman Cole & Bierman, P.L., and Matthew H. Mandel, and
Samuel I. Zeskind (Fort Lauderdale), for appellee.
Before SALTER, LOGUE, and LOBREE, JJ.
LOGUE, J.
Dr. James Eric McDonough appeals the trial court’s entry of the trial court’s
Final Judgment Denying Mandamus Relief in his action to obtain public records
from the City of Homestead. Among other things, Dr. McDonough contends the
final judgment was premature because it was entered without a hearing.
Commendably, Appellee, the City of Homestead, does not dispute the Final
Order was entered prematurely. Florida law mandates that “[w]henever an action is
filed to enforce the provisions of [Chapter 119], the court shall set an immediate
hearing ․ . . .” § 119.11(1), Fla. Stat. “The plain language of section 119.11(1)
requires the trial court to conduct a hearing on actions seeking to enforce the right
to access public records under section 119. Absent waiver, an order issued without
the statutorily-required hearing is premature.” Kline v. Univ. of Fla., 200 So. 3d 271,
272 (Fla. 1st DCA 2016) (citing Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA
2003)).
Reversed and remanded.
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