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Home My Public Portal AboutPRR 14-1362REQUESTEE: REQUESTOR RECORDS REQUEST (the "Request ") Date of Request: 09105114 Requestor's RequestID#: 797 Custodian of Records Town of Gulf Stream CG Acquisition Company, 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 all Public Records which Attorney Sweetapple referred to or utilized when making line of numbered paragraph 26 (see attached) 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, belongs to Mr. Sweetapple and is not endorsed by the 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 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 14.22.13 FORM Martin E. O'Boyle v. Town of Gulfstream CASE NO. 502014CA004474XXXXMBAG (PALM BEACH COUNTY) 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 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 fads 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 r. Shulman, Rogers, et. al., 436 Fed.Appx. 449, 2011 WL 3510250 (C.A.6 (Tenn.) (attached hereto as Exhibit t17 "). 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 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. "[A] 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 Malautea v. Suzuki Motor Co., Ltd., 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 ofjustice 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 practice of law that is prejudicial to the LAW OFPtcEs OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3' STREEr, BOCA RATON, FLORIDA 33432 -3911 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 24, 2014 CG Acquisition Company, Inc. [mail to: records @commerce - group.com] Re: GS #1362 (797), #1366 (806) Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of extortion in connection with the last line ofnumbered paragraph 16 (see attached) 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 and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Provide a copy of all news articles (and accompanying photos) which have as their subject matter, the trailer that Robert Sweetapple placed on the beach in Deerfield Beach, FL. Dear CG Acquisition Company, Inc.. [mail to: records @commerce - group.com], The Town of Gulf Stream received your public records requests on September 5, 2014. If your request was received in writing, then the request can be found at the following links: htto: / /www2 .gulf- stream.orWWebLink8 /0 /doc /20409 /Pagel.asox and hgp: / /www2.gulf- stream.org/WebLink8 /0 /doc /20417/Pagel.aspxx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced number. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 13, 2015 Airline Highway, LLC, Commerce GP, Inc., CG Acquisition Company, Inc., and Asset Enhancement, Inc. [mail to: records @commerce- group.com] Re: GS #1360 (795), #1361 (798), #1362 (797), #1363 (796) Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of intimidation in connection with the last line of numbered paragraph 26 (see attached) 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 and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of slurs in connection with the last line of numbered paragraph 26 (see attached) 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 and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of extortion in connection with the last line of numbered paragraph 26 (see attached) 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 and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of threats in connection with the last line of numbered paragraph 26 (see attached) 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 and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Dear Airline Highway, LLC, Commerce GP, Inc., CG Acquisition Company, Inc., and Asset Enhancement, Inc. [mail to: recordsna.commerce- eroup.coml, The Town of Gulf Stream received your public records requests dated September 5, 2014. You should be able to view your original requests at the following links: httt)://www2.gulf- stream. org/ WebLink8 /0 /doc/20405/Pagel.aspx, htty://www2.gulf- stream. ore /WebLink8 /0 /doc /20407/Pagel.asyx, http://www2.gulf- stream.org/WebLink8 /0 /doc /20409/Pagel.asyx, and http://www2.gulf- stream.org/WebLink8 /0 /doc /20411/Pagel.asyx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. The Town responds that the only responsive public record is a June 6, 2014 memorandum by counsel for the Town reflecting the reflecting counsel's mental impressions and conclusions, which memorandum is exempt pursuant to Fla. Stat. 119.071(1)(d). We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records