Jack D. Mcnamara v. Hon. J. Cole Fulks and Richard D. Thompson

This is an appeal from a mandamus proceeding under the Texas Open Records Act, TEX.REV.CIV.STAT.ANN. art. 6252-17a, et seq. (Vernon Supp. Pamphlet 1993) ("TORA"). Jack McNamara, owner and publisher of The NIMBY News, sought delivery of records he had requested under TORA. The trial court denied mandamus, because the 83rd District Attorney Pro Tem, J. Cole Fulks, proffered the records to McNamara one week before the mandamus hearing. In a single point of error, McNamara claims that the trial court abused its discretion in refusing to award him costs and attorneys fees. We affirm that portion of the judgment declining to award attorneys fees, but reverse and render judgment that McNamara recover costs of suit from the defendants in their official capacity.