HomeMy Public PortalAboutPRR 15-1751RECORDS REQUEST (the "Request ")
Date of Request: 1/2612015
Requestor's Request ID#:
1006
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Realty Group, 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:
Provide a copy of all correspondence referred to in the 15th entry on
Page 3 of Invoice No. 177399 (File No. 13147.00001), dated December 31,
2014, to or from Mitchell Berger's office and to or from Attorney Tozian to
the Town of Gulf Stream or any of their counsel beginning January 1, 2014
ADDITIONAL INFORMATION REGARDING REQUEST:
Attached is page 3, of Invoice No. 177399 (File No. 13147.00001),
dated naramhar 31 2n1d.
THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 11119.01 (2)(17), FLORIDA STATUTES. 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)
ALSO PLEASE TAKE NOTE OF §119.07(1)(111 OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION
IS INS9'ITU'1'ED WITIIIN TIIE 30 -DAV PERIOD TO ENFORCE'rilE PROVISIONS OF TIIIS SECTION WI'rit RESPECT' TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
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 Requester approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01
(Definitions)), In advance orany costs Imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
UP/NP/FLRR
1.12.2015
Jones, Foster, Johnston & Stubbs, P.A.
Town of Gulf Stream
December 31, 2014
Town of Gulf Stream - General
Invoice
No. 177399
File No. 13147.00001
Page 3
FOR PROFESSIONAL SERVICES RENDERED:
DATE
DESCRIPTION OF SERVICES
HOURS
INDV
11/23/14
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
11124/14
MEETING WITH KELLY AVERY
2,50
MMM
12/01/14
TELEPHONE CALL WITH K Y AVERY
0.20
MMM
3
12/02114
REVIEW PUBLIC REC �[DqAEEQUESTS & COMPLIANCE
0.30
KWR
02/14
RECEIVE AND R1 J 1 ETTER FROM M. DAHLMEIER
0.20
JCR
14
MEETING WITH K. RIZZARDI
0.30
MMM
12/02114
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
12/03114
TELEPHONE CONFERENCE WITH K. AVERY RE PUBLIC
0.30
JMO
RECORDS REQUESTS AND RESPONSES
12103/14
TELEPHONE CONFERENC ITH KAVERY RE: PUBLIC
0.40
KWR
RECORDS
L
12/03/14
REVIEW PUBLIC
&ICIOIRDS RE ST
0.30
KWR
12/03/14
OFFICE CONFERENCE WITH K. RIZZARDI
0.30
JCR
12103114
RECEIVE AND REVIEW A PS AGENDA
0.20
JCR
12/04/14
CONFER WITH K. TMANN AT DELRAY
0.20
JMO
12/04/14
TELEPHONE CALL W T R-
0.20
MMM
r
12/05/14
REVIEW CORRESPONDENCE FROM BERGER'S OFFICE AND
FROM
0.40
JMO
>
TOZIAN RE MORGAN AUTHORITY TO SUBMIT UPL
COMPLAINT TO FLORIDA BAR; CONFER WITH ASSOCIATE
GARDNER RE SAME
12/05/14
ATTENTION TO PUBLI ECORDS RESPONSE
0.20
JMO
12/05/14
RECEIVE AND REVIEW RESEARCH ASSIGNMENT REGARDING
0.20
KAG
MAYOR AUTHORITY.
12105114
OUTSIDE CONFERENCE WITH PLAINTIFF'S COUNSEL
4.50
JMO
�a
12/05114
CONFER WITH D L BEACH RE PUBLIC RECORDS
0.20
JMO
REQUESTS I(
12/05/14
TELEPHONE CONFERENCE WITH RITA TAYLOR
0.20
JCR
_= BERGER SINGER.MAN
Mitchell W. Berger
(954) 712 -5140
MBcrger@bergcmingermen.com
December 2, 2014
VIA E -MAIL TO RSWEETAPPLE�Ia SWEETAPPLELAW.COM
VIA E -MAIL TO RSWEETAPPLE @SWEETAPPLELAW.COM
Robert A. Sweetapple, Esquire
Sweetapple, Broeker & Varkas, P. L.
44 West Flagler Street, Suite 1500
Miami, FL 33130
Re: Florida Bar Complaint filed by the City of Gulfstream against The O'Boyle Law
Firm
Dear Bob:
In addition to our representation of Martin O'Boyle in Case No. 2014 -CA- 004474 -AG,
we have been asked to represent John O'Boyle, Bill Ring and The O'Boyle Law Firm with
respect to threatened and pending administrative and civil actions.
The Mayor of Gulfstream is not permitted to take action on behalf of the Town without
commission approval or authority within the municipal code and charter. It is the Mayor and the
Town who must provide the authority for the action of the Town filing a bar grievance executed
and filed by the Mayor on behalf of the Town. Admittedly, we have not been able to find any
such authority.
We renew the request on behalf of our clients contained in our letter of November 25,
2014. Thank you for your prompt response.
cc: Gerry Richman, Esquire
Joanne M. O'Connor, Esquire
John C. Randolph, Esquire
6063915.1
Sincerely,
E r Sin LLP
� ell W. Berger
350 E. LAS OLAS BLVD. I SUITE 1000 1 FORT LAUDERDALE, FLORIDA 33301
t: (954) 525 -9900 1 f (954) 523 -2872 1 WWW,BERGEFtSINGERMAN.COM
Sinitfi, 7ozian, Daniel & Davis, P.A.
ATTORNEYS AT LAW
DONALD. SMITH, JR. SUITE 200, 109 N. BRUSH STREET
SCOTT GWEN O YNH. TAMPA, FLORIDA 33802
DEBRA J. DAVIS DANIEL PHONE 813
DEBRA . MESS ( ) 223 -0083
TODD W. MESSNER FAX (813) 221 -0832
email(a?smllMazlan.com
November 17, 2014
PERSONAL AND CONFIDENTIAL
Maura Canter, Esquire, Bar Counsel
The Florida Bar
Attorney Consumer Assistance Program
651 East Jefferson Street
Tallahassee, Florida 32399 -2300
Re: Inquiries /Complaints of Mr. Scott W. Morgan against
William F. Ring, Jr., Esquire, The Florida Bar File No. 2015- 50,283(17D);
Nickalaus B. Taylor, Esquire, The Florida Bar File No. 2015- 50,426(17I);
Giovani Mesa, Esquire, The Florida Bar File No. 2015- 50,427(17E); and
Ryan L. Witmer, Esquire, The Florida Bar File No. 2015- 00,223(2A)
Dear Ms. Canter:
As you know, our office has been retained by William F. Ring, Jr., Esquire, Nickalaus B. Taylor,
Esquire, Giovani Mesa, Esquire, and Ryan L. Witmer, Esquire, regarding the above - referenced
inquiries. We sincerely appreciate your courtesy in allowing the additional time to respond
pursuant to Rule 4- 8.4(g). The requested Certificates of Disclosure are enclosed. For the
reasons set forth herein, we respectfully submit that these files should be closed at this time.
At the outset, we note that the complaints are signed and filed by Scott W. Morgan, in his official
capacity as Mayor, on behalf of the Town of Gulf Stream ( "Town "). On information and belief,
the Town commissioners did not vote at a properly noticed public meeting whether Mr. Morgan
was authorized to take this formal action on behalf of the Town. We understand that under
section 286.011, Florida Statutes, a formal action taken in violation of the public meetings act
may be void ab initio. We also note that Mr. Morgan is admitted to practice law in
Pennsylvania, where his membership record reflects "Active" and "Out of State."
Notwithstanding the questionable validity of the instant complaints, the above -named attorneys
specifically deny each and every alleged violation of the Rules of Professional Conduct, as well
as any suggestion of impropriety in the formation and operation of The O'Boyle Law Firm
( "Firm ") from January 2014, to present. As confirmed in Attorney Kevin P. Tynan's letter dated
May 9, 2014, a copy of which is attached as Exhibit A, the Firm is an interstate law firm with its
home office in Pennsylvania. Jonathan O'Boyle is domiciled in Longport, New Jersey, and
admitted to practice law in Pennsylvania and New Jersey, but not yet in Florida. Mr. Tynan,
who focuses his practice on Professional Responsibility for Florida attorneys, was hired to assist
Maura Canter, Esquire, Bar Counsel
November 17, 2014
Page 2
Mr. O'Boyle and Florida licensed Attorney Ryan L. Witmer in preparing a partnership
agreement that would comply with the guidelines established in Florida Bar v Savitt 363 So. 2d
559 (Fla. 1978). Mr. Witmer subsequently relocated to New York and transferred his ownership
interest in the firm to Florida Attorney William F. Ring, Jr. on June 30, 2014. Mr. Tynan has
continued to be involved with the Firm and has been consulted and provided his guidance and
opinions on a variety of topics, including attorney fees and personnel issues. Substantive
responses specifically refuting allegations of shared client confidences, an improper feeder
arrangement, improper public records lawsuits against the Town and State of Florida, excessive
fees and aiding and abetting the unlicensed practice of law, may be filed in the future. We
respectfully submit, however, that such responses are not appropriate at this time in light of hotly
contested and highly publicized pending civil litigation raising the same issues.
As reflected in Mr. Morgan's original Bar Inquiry/Complaint and subsequent filings, the latest of
which was received just today, the allegations of misconduct are the same as those at issue in
various pending civil lawsuits. Indeed, the same evidence Mr. Morgan proffers in support of his
Bar complaints has been introduced in one or more of the pending civil cases. Such filings
include the Affidavit of Joel Edward Chandler, dated October 27, 2014, which Mr. Morgan filed
with the Bar under his cover letter dated October 28, 2014, and which your office transmitted to
the undersigned under cover letter dated November 7, 2014. Mr. Chandler is the former
Executive Director of Citizen's Awareness Foundation, Inc. ( "CAR "), which currently has a
breach of contract and breach of fiduciary duty suit pending against Mr. Chandler.
The filing of the present inquiries while several related lawsuits are pending is problematic for
several reasons. First, it is not appropriate to try complex civil issues in an administrative
proceeding while judges, magistrates and potentially juries are simultaneously considering the
same issues. A Florida Bar disciplinary investigation is not the appropriate venue to adjudicate
civil disputes. See Florida Bar v. Walton. 952 So. 2d 510 (Fla. 2006, rehearing denied) quoting
Delia-Donna, Bar v. Della - Doa_ 583 So. 2d 307 (Fla. 1989) ( "Disciplinary actions cannot be used as
a substitute for what should be addressed in private civil actions against attorneys. They are not
intended as forums for litigating claims between attorneys and third parties. "). The Court has
also repeatedly explained that "the purpose of an attorney disciplinary proceeding is the
protection of the public, not the vindication of private rights." Tyson v. Florida Bar, 826 So. 2d
265 (Fla. 2002). Such simultaneous litigation not only results in an inefficient use of resources,
but may also lead to contrary factual determinations.
Second, by alleging the exact allegations in an Inquiry/Complaint as in a pending civil matter,
the complainant is attempting to compel the respondents to provide evidence and statements in
defense of their law licenses that might not otherwise be discoverable under discovery
obligations in the pending civil litigation. As such, Bar complaints filed during the pendency of
related civil litigation may provide the complainant a tactical advantage, both in discovery and in
forcing respondents to defend the same allegations on two fronts.
Third, permitting simultaneous prosecution of disciplinary allegations alongside civil complaints
allows the complainants to utilize Florida Bar proceedings to harass the opposing party and exert
undue pressure. As you know, "the purpose of the rules can be subverted when they are invoked
Maura Canter, Esquire, Bar Counsel
November 17, 2014
Page 3
by opposing parties as procedural weapons." See Preamble, R. Regulating Fla. Bar. The Bar
has dismissed Bar inquiries in the past based on pending related civil litigation. We submit the
same is appropriate in this case to preclude any attempt to gain leverage in the pending civil
matters.
The issues raised by Mr. Morgan are currently being considered in more than one civil case. The
trial courts are in a better position than The Florida Bar to evaluate the weight of the evidence
presented and to test the credibility of the witnesses. All parties' interests will be duly
determined in the appropriate legal jurisdiction. Concurrent consideration through the Bar
disciplinary process is not warranted and the above - referenced inquiries should be dismissed. In
the alternative, the disciplinary proceedings should be deferred in accordance with Rule 3- 7.4(e),
Rules Regulating The Florida Bar and Standing Board Policy 15.55.
As always, thank you for your courtesy in these matters. Should you have any questions, please
do not hesitate to contact me.
Sinc
c SCo# K_ oza ,Esquire
SKT /an
Enclosures: Per above
cc: Mr. Scott W. Morgan
William F. Ring, Jr., Esquire
Nickalaus B. Taylor, Esquire
Giovani Mesa, Esquire
Ryan L. Witmer, Esquire
LAW OFFICES
RICHARDSON & TYNAN, P.L.C.
R 1 42 NORTH UNIVERSITY DRIVE
TAMARAC, FLORIDA 33321
KEVIN P. TYNAN
NOLA M. RICHARDSON
May 9, 2014
Robert A. Sweetapple, Esq.
20 SE 3`d Street
Boca Raton, FL 33432
Re: Town of Gulf Stream
Dear Mr. Swectappte:
TELEPHONE
(054) 921 -7300
Your letter of May 2, 2014 to Jonathan O'Boyle, Esquire, has been referred to me for response.
Please direct any future comminication 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 Mice, 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 hoc in two federal matters). However, this lack of clarity does not hinder the law
firm's representation in any mamner.
EXHIBIT
A
2-
r
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 hidicate any membership in The Florida Bar.
After reviewing this matter in some detail with Mr. O'Boyle and (he 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 11, 2015
Commerce Realty Group, Inc. [mail to: records @commerce- group.com]
Re: GS #1751 (1006)
Provide a copy of all correspondence referred to in the 15th entry on page 3 of invoice no. 177399
(file no. 13147.00001), dated December 31, 2014, to or from Mitchell Berger's office and to or
from Attorney Tozian to the Town of Gulf Stream or any of their counsel beginning January 1,
2014 through the date of this request. Attached is page 3, of invoice no. 177399 (file no.
1314 7. 00001), dated December 31, 2014.
Dear Commerce Realty Group, Inc. [mail to: records(a),commerce- groun.coml,
The Town of Gulf Stream received your public records requests on January 26, 2015. You should
be able to view your original requests at the following link htty://www2.gulf-
stream. ors/ WebLink8 /0 /doc /35050/Pagel.asnx. 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.
You will find the responsive documents at the above same link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records