Vanette Webb v. School Board of Escambia County
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Vanette Webb v. School Board of Escambia County was a lawsuit before the Florida First District Court of Appeal in 2009. In it, school board member Vanette Webb was accused by local parent Susan Watson of withholding public records. Webb's conviction was overturned later in 1999, and Webb was reinstated to her position on the school board. All charges against Webb were dropped in 2003.[1] Webb is now seeking financial support from the district in the form of attorney fees, in order to pay for the time spent defending herself in court.
Important precedents
This case established the right of those who are being sued in violation of public records requests to petition the agency which they are representing for attorney fees.
Background
- In 'December 1998 Vanette Webb was criminally charged with violating the Florida Sunshine Law in her capacity as a member of the Escambia County School Board.
- She was convicted in May, 1999 and served a total of 7 days of her nearly one year sentence.
- The conviction was tossed out in October, 1999 and all charges were finally dropped in July 2003. Webb was reinstated to the school board after the conviction was dropped.
- During this period of time, Webb accumulated an alleged $200,000 in legal fees in an attempt to defend herself. Webb claims that these legal fees forced her into bankruptcy in 2001. After the charges were finally dropped, Webb sued the school district for these fees.[1]
- Webb filed her request in district court, which ruled in favor of the School Board.
- Webb appealed the decision.
Ruling of the court
The trial court determined that the school board had jurisdiction over whether or not Webb deserved or should receive legal fees. It, however, did assert that Webb should have a right to receive the fees she is requesting.[2]
The Court of Appeals determined overruled the decision of the trial court and remanded the case back to the court for new consideration.
The court of appeals agreed with the trial court insofar as the court determined that Webb probably had a right to receive attorney fees. However, the court refused to accept that the trial court did not hold jurisdiction over the common law right Webb possessed over those attorney fees. The court of appeals thus granted jurisdiction and remanded the decision to the trial court.[2]
The final ruling of the trial court is still pending.
Associated cases
See also
External links
- Ruling of the Court (pdf)
- Webb v School Board of Escambia County on Google Scholar
- Appeals Court Says Vanette Webb, Former District 5 School Board Member, Can Seek $200,000 From Board, North Excambia.com, February 6, 2009
- School board member jailed for failing to release records, Reporter's Committee for Freedom of the Press, May 31, 1999
- Violating government-access laws rarely results in punishment for the offenders, Reporter's Committee for Freedom of the Press, 2003
Footnotes
- ↑ 1.0 1.1 Appeals Court Says Vanette Webb, Former District 5 School Board Member, Can Seek $200,000 From Board, North Excambia.com, February 6, 2009
- ↑ 2.0 2.1 Ruling of the Court (pdf)
