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Home My Public Portal AboutPRR 14-128112.81 RECEIVED 06/08/2014 13:12 5613946102 sev 0810812014 13:33 Commerce Group 0:0543600807 P.0021003 RECORDS REQUEST (the "Request ") Date of Request: 8/8/2014 Requestor's Request ID#.. 138 REQUESTEE: Custodian of Records - Sweetapple, Brooker, Varkas, P.L. REQUESTOR Commerce GP, Inc. REQUESTOR'S CONTACT INFORMATION: &Mail: records@commerce- group.com Fax: 954.360-0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In paragraph 26 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counse o ecortl, The O'Boyle Law rm, ., Jonathan '$[SIeFM , , ant to which Attorney Sweetapple is using to challenge that Jonathan O'Boyle has an Interstate law firm. ADDITIONAL WFORMATION 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 REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTER THAT THIS RECORDS REQUEST BE FULITLLED IN t FCTRONIC FORM. iF NOT A VAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT TIIIS RECORDS REOUFST BE FULFILLED ON 11 X 17 PAPER NOTE• W ALL CASES Wjj` LESS IMPOSSIBLE) THE COPIES SHOULD BE TWO WDED AND SHOULD RE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL, DELIY&RY 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. hPINPRIPRR 0422.13 FORM RECEIVED 08/08/2014 13:12 5613946102 5BV 0810812014 13:34 Commerce Group M095 807 P.003/003 Martin R O'Boyle Y. Town ofGuiabum CASE NO. SQMAr.AMAAIA7rXXXMBAG (PALM.BBACH COUNM 25. In litigation before the United states Court of Appeals for the Sixth Circuit, Mr. O'Boyle received an adverse summmyjudgment ruling on a legal malpractice claim against a law firm, arising out of a representation where O'Boyle defaulted on an $8.9 million mortgage. The Court ordered O'Boyle to pay fees and costs to the defendants, and additionally sanctioned O'Boyle. In so ordering, the Tennessee court noted that: "More than seven years of frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the Clerk of this Court over and above the everyday course of business... The Court believes and finds that O'Boyle's conduct is the result of intransigence and stubborn litigiousness on his part, which the Court is not willing to tolerate." see O'Boyle w Shulman, Rogers, et al. 436 Fed.Appx, 449, 2011 WL 3510250 (C.A.6 (Tenn) (attached hereto as Exhibit 1171'), 26. O'Boyle and his counsel fail to recognize that a Plaintiff and its counsel are subject to the Rules of Court The fact that the bona jldes of his son's alleged interstate law firm are being challenged is not justification for his use of intimidation, threats, extortion or slurs. 27. O'Boyle's counsel must be careful not to advise or condone conduct that interferes with or illegally exploits the legal system. An attorney must control the client or, under certain circumstances, subject himself to a claim of complicity. "[Al lawyer is ... an officer of the Iegal system, and a public citizen having special responsibility for the quality of justice." preamble, Chapter 4, Rules Regulating the Florida Bar. An attorney has a duty to regain from advocacy that undermines or interferes with the functioning of thejudieial system, See Malautea v. &=ki Motor Co., Lid, 987 F.2d 1536,1546 (11th Cir.1993) "An attorney's duty to a client can never outweigh his or her responsibility to see that our system of justice Smctions smoothly. This concept is as old as common law jurisprudence Itself.'); see, a g., rules 4- 3.5(c) ( "a lawyer shell not angaga in conduct intended to disrupt a tribunal "), and "A(d) (a lawyer shall not 11 ago in in conduct in connection with the practice of law that is prejudicial to the 7 LAw OvncatorSwZErArn.6, BRORaaR & VAarAS, P.L. 20S.B,3 Syp,�, BOCA M-- ON,FwRwA33432.3a1I TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 23, 2014 Commerce GP, Inc. [mail to: records @commerce- group.com] Re: GS #1281 (138), #1287 (104), #1288 (103) In paragraph 26 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C., Jonathan O'Boyle And William Ring, Esquire, please provide all Public Records pursuant to which Attorney Sweetapple is using to challenge that Jonathan O'Boyle has an interstate law firm. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4d. (excluding subparagraphs 4, 4a., 4b., 4c., 4e., 4f., 4g., 4h., 4i., 4j., 4k., 41. And 4m.) of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C., Jonathan O (sic) And William Ring, Esquire, which was filed by Attorney Sweetapple. A copy of subparagraph 4d. of the referenced Motion is attached. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4c. (excluding subparagraphs 4, 4a., 4b ... 4d., 4e., 4f., 4g., 4h.,4i.,4j., 4k., 41. And 4m) of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C., Jonathan O' [sicj And William Ring, Esquire, which was f led by Attorney Sweetapple. A copy of subparagraph 4c. of the referenced Motion is attached. Dear Commerce GP, Inc. [mail to: records @commerce- group.com], This letter is in response to the public records you have requested in your email received August 8, 2014. This correspondence is reproduced at the following links: http://www2.gulf- stream. ore /WebLink8 /0 /doc /20074/Paeel.asnx. http://www2.gulf- stream.or¢/WebLink8 /0 /doc /20080/Pa eg l.aspx, and htty://www2.gulf- stream.orWWebLink8 /0 /doc /20081 /Pagel .aspxx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records