The URL can be used to link to this page

Home My Public Portal AboutPRR 14-13071307 RECEIVED 08/0B/2014 14:24 5613946102 S13V 08108/2014 14:45 Commerce Group TAX)9543600807 P.002/004 RECORDS REQUEST (the "Request ") Date of Request: 43/8/2014 Requestor's Request ID4: 141 REQUESTEE: Custodian of Records - Sweetapple, Brooker, Varkas, P.L. REQUESTOR: Airline Highway, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commeme- group.com Fax: 954 - 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In connection with the first Indented paragraph under numbered paragraph 27 of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, he U Moyle, Law rm, ., acts en a c am ng, squire, p ease prav e us with all Public Records which demonstrate that Attorney Sweetapple and/or any of his clients (during Attorney SweetappWs representation) were sanctioned or given a rebuke by a judge, a mediator or an arbitrator. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST 1S 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). THLS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT 15 REQUESTED THAT THIS RECORDS REQUEST BE FULFIL LED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONI FORM IT IS REQUESTED THAT THIS RECORDS REOUEST BE FULFILLED ON 11 X 17 PAPER. NO T& IN ALL CASES (UNLESS IMPOSSIBLE) THE OPIES SHOULD BE TWO SIDED AND SHO LD BE BILLED IN ACCORDANCE WITH Sect on 119.07(4) (a) (2) ALL ELECTRONIC COPIEC 4M REQUESTED TQ BE SENT BY E-MAH. 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 cotta, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requester by the Agency. ITINPRIPRR 04.22.11 FORM RECEIVED 08/08/2014 14:24 5613946102 SBV 08108/2014 14:45 Commerce Group TAXWB00807 P.0031004 Martin B. O'Boyle Y. Town of Oulrstre CASE NO. 502014CA054474YYYYMnAr, roes to ncanv nn, 25. In litigation before the United States Court of Appeals for the Sixth Circuit, Mr. O'Boyle received an adverse summary judgment 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 fern 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 v. Shulman, Rogers, et. al, 436 1red.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.) (attached hereto as Exhibit "711). 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 fides of hie 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, undercertain circumstances, subject himself to a claim of complicity. "[Al lawyer is ... an officer of the legal 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 refrain from advocacy that undermines or interferes with the functioning of the judicial system. See Melautea v. Suzuki Motor Co., Lrd., 987 F.2d 1536, 1546 (1lth Cir.1993) "An attorney's duty to a client can never outweigh his or her responsibility to see that our system ofjustico functions smoothly, This concept is as old as common law jurisprudence itself.'; see, e.g., rules 4- 3.5(c) ("a lawyer shall not engage in conduct intended to disrupt a tribunal'), and 4- 8.4(d) (a lawyer shall not "engage in conduct in connection with the ptactiee of law that is prejudicial to die 7 LAW O"=s OF SWaerAPPIS, DROSKM S VAU -As, P.L. 20 S.E. 3" STRa6'r, BOcA RATAN, FLORIDA 33432-3911 RECEIVED 00/08/2014 14:24 5613946102 SRV 08/08/2014 14:45 Commerce Group TAX)9543600807 P.0041004 Mwtin B. O'Boyle v. Town orOulAtream CASE NO.502014CA004474XXXXMBAG (PALM.BEACH COUM -n administration of justice, including to knowingly ... disparage ... witnesses ... or other lawyers on any basis —. '), Rules Regulating The Florida Bar, When profossional judgment does not restrain a lawyer's zealous advocacy, however, the courts must act to assure that aggressive advocacy does not frustrate or disrupt the administration of judicial proceedings. See In Be Terry, 128 U.S. 289, 302, 9 S.Ct. 77, 79, 32 L.Ed. 405 (1888); Sandstrom v. State, 309 So.2d 17 (Fla. 4th DCA 1975), cart, dismissed, 336 Sold 572 (FIa.1976); see also Louis S. Raveson, Advocacy and Contempt: Coastttutional Limitations on the Judicial Contempt Power, Part One: The Conflict Between Advocacy and Contempt, 65 Wash.L.Rev. 477, 539-40 (1990). Carnival Corp v. Beverly, 744 Sold 489 (FIL 1 "DCA 1999) 28. The O'Boyle Law Finn and William Ring have continued to represent O'Boyle in perpetrating these unethical and abusive activities. That conduct should also be sanctioned. W13EMORE, Defendant prays this Court enter appropriate sanctions for litigatioh abuse against Plaintiff, Martin E. O'Boyle, his Counsel of Record, the O'Boyle Law Firm, F.C., Inc., Jonathan O'Boyle, President of the O'Boyle LawFkm, and William Ring, Esquire, including striking Plaintiff's pleadings, entering an order prohibiting Plaintiff from exploiting his right to litigate in a marmer that impugns and threatens opposing counsel. Defendant also seeks an award of attorneys' fees and costs for bringing the motion. Respectfully submitted, S WEETAPPLE, BROEICLR & VARKAS, PL Co-Counsel fbrDefendants 20 S.E. and Street Boca Raton, Florida 33432 Telephone; (561) 392 -1230 E• Mai l:pleadings@sweetapplelew.com ROBERT A. SWEETAPPLB Florida Bar No. 0296988 8 IwwOrmcasorSwser Arrta.Saorxrad.VA MM,P.t. 20 S.B.3' Stag, BoeeRttoµ FtowaA334323911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 29, 2014 Airline Highway, LLC [mail to: records @commerce- group.com] Re: GS #1307 (141), #1308 (142), #1311 (127), #1312 (128), #1313 (129), #1314 (101) In connection with the first indented paragraph under numbered paragraph 27 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, please provide us with all Public Records which demonstrate that Attorney Sweetapple and/or any of his clients (during Attorney Sweetapple's representation) were sanctioned or given a rebuke by a judge, a mediator or an arbitrator. Provide all Public Records which deomonstrate that Attorney Sweetapple alleged that a parry to a litigation had committed fraud, when the other party (his client) confirmed that the other did not commit fraud. What we are looking for here is legal pleadings and communications relative to the subject matter of the legal pleadings. In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical and it constitutes an egregious litigation abuse ". Please provide all Public Records which demonstrate that the misconduct (as defined by Attorney Sweetapple) is unprofessional. In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical and it constitutes an egregious litigation abuse ". Please provide all Public Records which demonstrate that the misconduct (as defined by Attorney Sweetapple) is unethical. In numbered paragraph 16 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, Attorney Sweetapple states the following "The misconduct is unprofessional, unethical and it constitutes an egregious litigation abuse ". Please provide all Public Records which demonstrate that the misconduct (as defined by Attorney Sweetapple) constitutes an egregious litigation abuse. Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4a. (excluding subparagraphs 4, 4b., 4c.,4d., 4e., 4f., 4g., 4h.,4,4j., 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 4a. of the referenced Motion is attached. Dear Airline Highway, LLC [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: htty://www2.gulf- stream. ore /WebLink8 /0 /doc /20100/Pagel.asnx, http://www2.gulf- stream. org/ WebLink8 /0 /doc/20101/Pagel.aslx, http://www2.gulf- stream. org/ WebLink8 /0 /doc/20104/Pagel.aspx, htto://www2.gulf- stream.org/WebLink8 /0 /doc /20105/Pagel.asnx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20106/Pagel.asyx, and http://www2.gulf- streatn.org/WebLink8/0/doc/20107/Pagel.asi)x. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records