Kimberly Custis v. Metropolitan Nashville Police Department

Case Number
M2011-02169-COA-R3-CV

This case involves a claim for attorney’s fees and costs under the Public Records Act. The
trial court declined to award fees and costs to appellant under Tenn.Code Ann. § 10-7-
505(g), which requires a finding of a willful and knowing failure to comply with requests
filed pursuant to the Act. We conclude that the trial court did not abuse its discretion in
denying an award of attorney’s fees and costs because the court made specific findings
concerning the willfulness of appellee’s failure to respond, and the evidence does not
preponderate against those findings. Affirmed.

Authoring Judge
Senior Judge Ben H. Cantrell
Originating Judge
Chancellor Claudia Bonnyman
Case Name
Kimberly Custis v. Metropolitan Nashville Police Department
Date Filed
Dissent or Concur
No
Download PDF Version