Carter v. Broward County Sheriff's Office
Docket: No. 4D04-1292
Court: District Court of Appeal of Florida; August 3, 2005; Florida; State Appellate Court
Jeremy Carter appeals the denial of his petition for writ of mandamus by the circuit court, which sought to compel the Broward County Sheriff's Office (BSO) and its health care provider to provide him with his medical records from his time as an inmate. BSO's counsel noted that the records request may not have been received due to it being sent to an incorrect address and addressed to a former health care provider. However, BSO had successfully responded to another records request sent to the same address. BSO offered to treat the mandamus petition as an initial request for records. The circuit court denied the petition, citing BSO's response. On appeal, Carter contends that the circuit court should have granted the petition, arguing that BSO’s acknowledgment of receiving other mail indicates they should have received his request as well. BSO counters that Carter is not entitled to a writ of mandamus since he did not demonstrate that BSO actually received the request. Additionally, BSO claims the issue is moot because the health care provider sent Carter his medical records after the petition was denied; Carter disputes this, stating he never received the records. The appellate court reversed and remanded the case for the circuit court to ascertain whether Carter has indeed received his medical records. If not, the mandamus petition should be granted, as BSO was aware of the records request following the mandamus petition and Carter is willing to cover duplication costs and sign a release. The judges concurred in the decision to reverse and remand.