Steinbuch v. University of Arkansas (Majority)
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The Supreme Court affirmed in part and dismissed in part the orders of the circuit court denying Appellant's motion for an order to waive record fees and Appellant's motion to be determined the prevailing party in a lawsuit brought pursuant to the Freedom of Information Act (FOIA), holding that there was no error or abuse of discretion.
One appeal in this case related to Appellant's efforts to be declared a prevailing party in his FOIA action against the University of Arkansas, and the second was an order denying his motion to waive record fees. The circuit court dismissed the FOIA claim with prejudice because the parties had negotiated a settlement as to that claim. In denying the motion at issue, the circuit court found it to be improper and untimely. The Supreme Court (1) dismissed Appellant's appeal as to his motion for an order to waive fees as not final and appealable; and (2) affirmed the order of the circuit court denying the motion for determination of prevailing party, holding that the circuit court based its decision on independent and alternative grounds, and Appellant failed to challenge them both.
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