Ferrier v. Pub. Def.'s Off., Second Jud. Circuit of Florida, 171 So. 3d 744 (Fla. 1st DCA 2015). · Go Syfert
Ferrier v. Pub. Def.'s Off., Second Jud. Circuit of Florida, 171 So. 3d 744 (Fla. 1st DCA 2015). Cases Citing This Book View Copy Cite
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Fla. Dist. Ct. App. · 2017 · confidence medium
Def.’s Office, Second Judicial Circuit of Fla., 171 So.3d 744, 744 (Fla. 1st DCA 2015) (holding that the trial court erred in not conducting an evidentiary hearing on the contested issue of whether the Public Defender’s Office had the requested materials in its possession, despite the Public Defender’s Office’s unsworn response to the mandamus petition arguing that it did not possess some of the requested materials and that it had provided copies of the requested materials that were in its possession); see also Brown v. State, 152 So.3d 739, 740 (Fla. 4th DCA 2014) (“Brown II”) (�…
Jerome J. FERRIER, Appellant,
v.
the PUBLIC DEFENDER’S OFFICE, SECOND JUDICIAL CIRCUIT OF FLORIDA, Appellee
15-0088.
District Court of Appeal of Florida, First District.
Jul 13, 2015.
171 So. 3d 744
Jerome J. Ferrier, Appellant., Pamela Jo Bondi, Attorney General, Tallahassee; Nancy A. Daniels, Public Defender, and Carrie McMullen, Assistant Public Defender, Tallahassee, for Appellee.
Lewis, Rowe, Osterhaus.
Cited by 4 opinions  |  Published
PER CURIAM.

This is an appeal from the circuit court’s denial of Appellant’s petition for writ of mandamus compelling the Public Defender’s Office to comply with Appellant’s public records request seeking various discovery material. The Public Defender’s Office filed an unsworn response to the mandamus petition arguing that it did not possess some of the requested materials and that it had provided Appellant with copies of the requested materials that were in its possession. The trial court denied the petition, reasoning that the issuance of a writ of mandamus would be improper where there was an unresolved factual dispute.

We agree with Appellant that the circuit court erred in not conducting an evidentia-ry hearing on the contested issue of whether the Public Defender’s Officer had the requested materials in its possession. Clay County Educ. Ass’n v. Clay County Sch. Bd., 144 So.3d 708, 709 (Fla. 1st DCA 2014) (reversing the dismissal of a petition for writ of mandamus based on a response that the School Board had already turned over the documents, the documents did not exist in the formant requested, or the documents did not exist and remanding for an evidentiary hearing); Johanson v. State, 872 So.2d 387, 388 (Fla. 4th DCA 2004) (reversing the denial of a petition for writ of mandamus based on an unsworn response filed by the State that it did not possess the records requested and remanding for an evidentiary hearing, including an in camera inspection of the state attorney’s file, to determine who possessed the required records). Accordingly, we reverse the trial court’s denial and remand for an evidentiary hearing. We affirm all other issues raised on appeal without further discussion. .

AFFIRMED in part, REVERSED in part, and REMANDED.

LEWIS, ROWE, and OSTERHAUS, JJ., concur.