Deshotels v. White

McDONALD, J.

Concurring:

hi concur and write separately to state my belief that the trial court’s imposition of the maximum statutory penalty of $100 per day was excessive in this case, when compared to a case where the records custodian does not respond at all. However, as pointed out in footnote 12 of the majority opinion, the defendants did not seek review of the amount of the penalty assessed per day; thus, the amount cannot be changed on appeal.