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Home My Public Portal AboutPRR 14-1291RECEIVED BB/08/2014 13:53 5613946102 SBV 12 91 0810812014 14:14 Commerce Group 0!AX)954380W P.002/004 RECORDS REQUEST (the "Requesel) Date of Request: 8/8/2014 Requestor's Request ID #: 135 REQUESTER: Custodian of Records - Sweetapple, Broeker, Varkas, P.L. REQUESTOR: Asset Enhancement, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com Fax: 954- 360 -0807; Addres6: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all Public Records which Attorney Sweetapple relied upon in making the statement in paragraph 20 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P.Cli J onathan sic t tern R ng, qurre, w tc was le by homey Sweelapple 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 REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT TIS RCORDS RH OUT R FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FOR]!?, IT IS REQUESTED TH,4T THIS RECORDS REQUEST BE FULRI ..ED ON ] 1 X 17 PAPER. NOTE• IN ALL ASFc rt�P,F�S IMPOSSIBLE) THE COPIES SHOULD BE TWO SID ED AND SHOULD BE B[L .n rn ACCORDANCE WITH Section 119.07(4) (a ) (Z ALL ELECTRONIC COPIES A UESTED 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(Degniti in advance of any costs Imposed to the Requester by the Agency. 1:P/NPR/FRR 04.22.13 FORM RECEIVED 08/08/2014 13:53 5613946102 5BV 08108/2014 14:14 Commerce Group TAMS43600807 P.0031004 Martin B. O'Boyle v. Town of Oulrstreatn undertaken to pressure and intimidate defense counsel into not pursuing the issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm- 15. The issue of whether the O'Boyle Law Firm is a bona fide Interstate Law Firm is one that should be resolved according to law, It should not be the subject of harassment, intimidation and air raids by opposing counsel and their client 16. The misconduct is unprofessional, unethical and it constitutes an egregious example of litigation abuse. These tactics go beyond zealous representation and are designed to interfere with defense counsels' ethical obligation to their client. Such conduct undermines society's commitment to the resolution of disputes in courts of law, rather than in the streets or in the sky. 17. While citizens enjoy the constitutional right of free speech, that protection is afforded to truthful speech, and while attorneys must zealously represent their client's interests, they are also officers of the court, and are prohibited from disparaging witnesses and attorneys, or otherwise undermining the administration of justice. 1S. It is well settled that the trial court has inherent jurisdiction to sanction parties and their counsel for litigation abuse. In this instance, plaintiff and his counsel have sought to cease any litigation or determination of the bona fides of the O'Boyle Law Firm by threatening and instituting reprisals against counsel, their client and families. 19, While O'Boyle has the rightto continue to make a spectacle of himself, he, with the assistance of counsel, cannot impugn, malign end attempt to extort opposing parties or their counsel as part of the litigation process. 20. Abusive conduct is not a novelty for O'Boyle, who has left a historic trail of abusive litigation. LAW OFFICG$ OF SW957APPra, BAMER & VARKAa, P.L. 20 S.E.3ie Si7asr, BLCARATOM, FLOMA33432.3911 RECEIVED 08/0B/2014 13:53 5613946102 SDV 08108/2014 14:14 Commerce Group (FAMS43600807 P.0041004 Martin B. O'Boyle v. Town of Gulfstmam CASE NO.502014CA004474XXXXMBAG (PALM BEACH COUNTY) 21. O'Boyle has abused the legal system in several states by overwhelming local municipal governments and a State Attorney's office with the filing of thousands of public records requests and abusive litigation, 22. The case of Martin E. O' Boylev. Peter Ism, 2014WL340104 (K.1,Super.A.D.), issued bythe Superior Court of New Jersey, Appellate Division, on appeal from case no. L- 2341 -08, is attached hereto as Exhibit 114 ". The Court noted, From September 2007 through early July 2008, plainfiff and members of his family filed multiple requests pursuant to the Open Public Records Act (OPPA), N.J.S.A. 47:IA -1 to -13. Longport's only clerk worked part -time, and she did not address the requests within the time required by statute. At one point, the clerk went ro the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Burough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007, In the ]son case, O'Boyle sued a resident of Longport for claiming O'Boyle was "the enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by the appellate court 23. Similarly, when his daughter was being prosecuted for driving under the influence, O'Boyle inundated the Palm Beach County State Attorney's Office both individually and through companies he controls with over 1,300 requests for public records. (attached hereto as Exhibit 115 ,,). 24, In an interview with the Palm Beach Post discussing his dealings with then candidate Dave Aronberg, O'Boyle stated, My view in life is: Take whatever shots you like at me, because I'm a big boy and I can handle them. But don't mess with my kids, my wife army home. Don't do it, Don't Because I'll come at you with every resource I have. And there's a lot. (attached hereto as Exhibit "611). 6 LAW On"cas esSwserAtvcs, BROMM& vARS.V, P.L. 20 S.B.3' STUst, BOCA BATON, FWRmA 33432 -3911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 23, 2014 Asset Enhancement, Inc. [mail to: records @commerce - group.com] Re: GS #1290 (134), #1291(135), #1292 (136), #1294 (122), #1299 (111), #1302 (105), #1303 (97) Please provide all Public Records which confirm that stated by Attorney Sweetapple in paragraph 19 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. Please provide all Public Records which Attorney Sweetapple relied upon in making the statement in paragraph 20 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C, Jonathan U[sic] And William Ring, Esquire, which was filed by Attorney Sweetapple. In paragraph 21 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, Attorney Sweetapple states "O'Boyle has abused the legal system in several states... ". Please provide all Public Records pursuant to which Attorney Sweetapple relied upon in making the statement in "quotes ". In numbered paragraph 13 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 confirming the validity of the last sentence of that paragraph 13 as made by Attorney Sweetapple. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4k. (excluding subparagraphs 4, 4a., 4b., 4c., 4d., 4e., 4f., 4g., 4h.A, 4j., 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 ofsubparagraph 4k. 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 4e. (excluding subparagraphs 4, 4a., 4b., 4c.,4d., 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 Sweetappple. A copy of subparagraph 4e. of the referenced Motion is attached. Please provide all Public Records which elaborate on the "other remedies" that the "Defendant" is seeking as set forth in numbered paragraph 2 of that certain Motion titled "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 paragraph 1 of the referenced Motion is attached. Dear Asset Enhancement, 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.eulf- stream. ore/ WebLink8 /0 /doc/20083/Pagel.asnx, http://www2.gulf- stream. orel WebLink8 /0 /doc/20084/Pagel.aspx, hlw://www2.gulf- stream.org/WebLink8 /0 /doc /20085/Pagel.asox, httv://www2.gulf- stream.org/WebLink8 /0 /doc /20087/Pagel.asix, httr)://www2.gulf- stream.orgfWebLink8 /0 /doc /20092/Pa el.aspx,, ht_pt : / /www2.gulf- stream.org/WebLink8 /0 /doc /20095/Pagel.asox, and http://www2.gulf- stream.org/W ebLink8 /0 /doc /20096/Pagel .asox, Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records