State ex rel. Davis v. MetzgerAnnotate this Case
Appellant submitted requests for the personnel records of six employees of the West Licking Fire District to Appellee, the person responsible for public records for the district. Less than three business days after he had made the requests, Appellant filed a complaint for a writ of mandamus. Appellee produced the documents two hours after the suit was filed. The court of appeals dismissed the complaint, concluding that the records were produced in a reasonable amount of time and that Appellant had engaged in frivolous conduct. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district responded to Appellant’s request in a reasonable amount of time, and therefore, the court of appeals correctly dismissed the complaint; and (2) the court of appeals must hold a hearing before awarding attorney fees for frivolous conduct.