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HomeMy Public PortalAboutPRR 14-1235RECORDS REQUEST (the "Request") Date of Request: 7/31/14 Requestor's Request ID#: 701 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Commerce GP, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce - group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a copy of the Tynan letter dated May 9, 2014 which was sent to Attorney Sweetapple in connection with Jonathan R. le. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTER PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPR/FRR 04.22.13 FORM LAW OFFICES RICHARDSON & TYNAN, P.L.C. B 142 NORTH UNIVERSITY DRIVE TAMARAC, FLORIDA 33321 KEVIN P. TYNAN NOLA M. RICHARD50N May 9, 2014 Robert A. Sweetapple, Esq. 20 SE 3rd Street Boca Raton, FL 33432 Re: Town of Gulf Stream Dear Mr. Sweetapple: TELEPHONE (9541 721-7300 Your letter of May 2, 2014 to Jonathan O'Boyle, Esquire, has been referred to me for response. Please direct any future communication or correspondence relative to the content of this letter to my office. If you remain as adversary counsel in pending litigation you may continue to communicate with the O'Boyle firm on those matters without copy to me as long as the communication relates to said litigation. At the outset it is important to note that there is no compelling reason to respond to your missive except as a professional courtesy. The fact that you are "investigating" adversary counsel in pending litigation does not create an obligation to respond to your assertions. However, since you are apparently asserting an incorrect premise I write to correct your misunderstanding. The O'Boyle Law Firm, PC is an interstate law firm with its home office in Pennsylvania. As you already know Mr. O'Boyle is admitted in Pennsylvania and New Jersey, but is not yet admitted in Florida. Because of this fact the law firm, in compliance with Florida Bar regulation and precedent, has a member of The Florida Bar who is partner in the law firm and is the partner .in charge of the Florida office. As you already know Mr. O'Boyle was present for an April 10, 2014 hearing and the trial judge took issue with an out -of -state attorney, who had not been admitted pro hac vice, sitting at counsel table. Mr. O'Boyle was not present to act as an attorney and only spoke to the court when he was questioned by the court. While I would agree with you that Mr. O'Boyle, who was taken aback by the judge's questioning and aggressive attitude, could have been clearer in at least one of his responses (that he has been admitted pro hac in only one state case but has appeared pro hac in two federal matters). However, this lack of clarity does not hinder the law fiim's representation in any manner. -2- As to the listing in legaldirectories.com, Mr. O'Boyle has provided no information to that entity and in any event said directory clearly reflects that he is a member of the Pennsylvania Bar and does not indicate any membership in The Florida Bar. After reviewing this matter in some detail with Mr. O'Boyle and the Florida managing partner of the law firm I can state with no hesitation that there are no valid unlicensed practice of law concerns and that it appears that your "concerns" are created solely as a methodology to defend action(s) filed by Mr. O'Boyle's father and/or his corporations who are directly represented by members of The Florida Bar. Please let me know if I can be of any further assistance. Very P. TYNAN, ESQ. cc: Client