Attorney John J. Fumero, of Nason, Yeager, Gerson, White & Lioce, P.A. represented Martin County and Martin County Commissioners in a lawsuit alleging a violation of Florida’s Public Records Act. On September 3, 2015, Martin County Circuit Court Judge F. Shields McManus, entered an Order on Public Records Act Claims denying all claims regarding violations of Florida’s Public Records Act, Chapter 119, Florida Statutes, alleged by Plaintiffs, Lake Point Phase I, LLC and Lake Point Phase II, LLC, in a complaint first filed in February, 2013, and subsequently amended in February, 2014, to include two counts alleging that the County violated Florida’s Public Records Act.
“In a complaint, a plaintiff can make almost any allegation, but in a court of law, those allegations must be supported by the facts and the law,” said Fumero. “Clearly, the Court found that Plaintiff’s allegations were not supported by the facts and the law. This ruling constitutes a vindication of both the County, and County Commissioners’, compliance with Florida’s Public Records Act.”
The Plaintiffs alleged that the County violated Florida’s Public Records Act by willful destruction, alteration, and delay in the production of public records. The Court found that all existing public records have been produced. The Court further found “that the greater weight of the evidence was that the County had made reasonable efforts to respond and provide public records to the Plaintiffs.” In so doing, the Court noted that Plaintiffs’ counsel conceded that the documents requested had all been produced, or did not exist, and the remedies of injunction and mandamus were moot.” In sum, all claims related to alleged public records violations in the Plaintiff’s complaint were denied by the Court.