HomeMy Public PortalAboutPRR 15-1847REQUESTEE:
RECORDS REQUEST (the "Request ")
Date of Request: 6/1/2015
Requestor's Request ID#:
1101
Custodian of Records Town of Gulf Stream
REQUESTOR: Our Public Records, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954 -360 -0807 or Contact Jill Mohler, Records Custodian at imohler(a,cornmerce- arouD.com:
(954) 570 -3507; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide a copy of all billings and payments from and to the law firm of Sweetapple,
Broeker & Varkus (including Robert Sweetapple singularly) for the billing
period beginning in February 2015 through the date of this Request.
ADDITIONAL INFORMATION REGARDING REQUEST:
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 In 19.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REOUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASE (UNLESS IMPOSSIBLE) THE COPIES
SI IOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119,07(4) (a) (2)
ALSO PLEASE TARE NOTE OF §119.07(I)(H) OF THE FLORIDA STATUTES, %Il IICH PROVIDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN TFIE 30•DAV PEIZIOD'1'O ENTOItCE TIIE PROVISIONS OF TIIIS SECTION WITII 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 Requesmr 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 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".
1/P/NP/FLRR
3.2.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 5, 2015
Our Public Records, LLC [mail to: records @commerce- group.com]
Re: GS #1847 (1101)
Provide a copy of all billings and payments from and to the law firm of Sweetapple, Broeker
& Varkus (including Robert Sweetapple singularly) for the billing period beginning in
February 2015 through the date of this request.
Dear Our Public Records, LLC [mail to: records(a)commerce- grouo.coml,
The Town of Gulf Stream has received your public records requests dated June 1, 2015. If your
request was received in writing, then the requests can be found at the following link:
htto: / /www2.gulf- stream. org /weblink/O /doe /52756/Pagel.asnx. Please refer to the referenced
number above with any future correspondence.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk, Custodian of the Records
Sweetapple, Broeker & Varkas
20 SE 3rd Street TOWN OF GULF STRE.
Boca Raton, FI 33432 P- PAYMENT APPROVED -q
Phone: 561- 392 -1230 1 Fax: 561 -394 AW3unt $ . 50
By D l9
INVOICE Check #_J�Date_,j!
Sweetapple, Brooker & Varkas
20 SE 3rd Street Invoice Date: January 27, 2015
Boca Raton, F133432 Invoice Number: 10013
Invoice Amount: $5,927.50
Matter: CAFI v. SBV
Attorney's Fees
12/1512014
Review Motion for Entry of Order to Show Cause;
A.D.V.
2.00
$700.00
Review relevant case law:
3) review treatise on
tsqua i icatton and related case law; pull case law
cited by CAFI in motion; review law re:!
and order to show cause (Chap. 781).
12/15/2014
Review Motions. Meet with AV to review case law.
R.S.
2.00
5700.00
Prepare Motion to Transfer and edit.
12/16/2014
draft response to motion to show cause (incorporate
A.D.V.
1.50
$525.00
memo of law)
12/17/2014
revise response to motion to show cause
A.D.V.
.50
S175.00
12119/2014
Work on motion to transfer and response to order to
R.S.
3.20
$1,120.00
show cause.
1/8 /2015
Exchange emails Wednesday and Today.
R.S.
.30
$105.00
1/9/2015
Exchange emails opposing counsel.
R.S.
.10
$35.00
1/14/2015
prepare notice of hearing on our Motion to Transfer
D.S.
.20
$25.00
1/20/2015
Review plaintiff Fling.
R.S.
.20
570.00
1/20/2015
Meeting with AV to analyze plaintiff cited
R.S.
.40
$140.00
authorities.
1/20/2015
westlaw search:
A.D.V.
2,50
5875.00
Lreau and summarize case late)
1/21/2015
Drati Request for Judicial Notice; Compile
C.B.
1.00
$125.00
exhibits;eFile Request; t/c w. Judge Small's JA.
1126/2015
Firm conference re: case status
D.P.V.
.10
$20.00
1/26/2015
Prepare for hearing. Review all filings.
R.S.
1.25
$437.50
1/27/2015
Prep travel and attend hearing. Conference with
R.S.
2.50
$875.00
REDACTED PER 119.071(1)(d)l
opposing counsel and Co counsel. Conference
Mayor. Prep motion and letter.
SUBTOTAL: 17.75 55,927.50
Costs
SUBTOTAL:
$0.00
Matter Ledgers
1/27/2015 Balance before last invoice
$0.00
1127/2015 Invoice 10013
55,927.50
SUBTOTAL:
55,927.50
Trust Account
1/27/2015 Previous Balance
$0.00
Available in Trust:
50.00
TOTAL $5,927.50
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $5,927.50
REDACTED PER 119.071(1)(d)1
ea .ae� �aaa w m no„a January 28, 2015
•• oo"an crxro�nva.rnw.Anoam Paralegals:
VIA E -MAIL Cynthia L Bailey, CP, FCP, FRP
Deborah Smith, CP, FRP
Joanne M. O'Connor, Esquire Lamle Arden, FRP
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
Re: Citizens Awareness Foundation, Inc. v. Sweetapple, Brooker & Varltas, PL
Case No.:2014- CA- 011941 -AH, Palm Beach County
Dear Joanne:
As discussed, enclosed is our bill for defending the CAM claim. We will be answering and
filing affirmative defenses as well as a motion to intervene on behalf of the Town of Gulf Stream.
Documents were delivered to me by Mr. Chandler as part of his reporting a crime and fraud scheme
by CAFI and others, including its legal counsel. As such, it is our position that no lawyer- client
privilege attaches as a matter of law.
Inasmuch as our law firm is the defendant in this action and we maintain Gulf Steam's right
to possession and utilization of documents, our billing should be covered by the Town. Enclosed is
our statement. Please process for payment as soon as possible. I have discounted my billing rate
from $600 to $350 per our agreement.
Regards,
All,
ROBERT A. SWEETAPPLE
RAS:cjb
Enclosures
REDACTED PER 119.071(1)(d)l
LAW OFFICES OF
SWEETAPPLE, BROEKER & VARKAS, P.L.
DOUGLAS C. BROEKER, P.A.
SWEETAPPLE a: VARKAS. P.A.
44 West Flagler Strect, Ste. 1500
20 S E. 3" Street
Miami, Florida 33130 -6817
Boca Rawn, Florida 33.1324914
Telephone (305) 374-562.3
Telephone. (561)392.1230
Famimilee (305) 35A -1023
Facsimiles, (561) 394.6102
ROBERT A.. SWEETAPPLE •, ••
Please Reply To: Boca Raton
DOUGLAS C BROEKER
E -Moil;
ALEXANDER D. VARKAS, JR.
rsxxdapple.gsweetapplelaw.eom
KADISHA D. PHELPS
evarkas@swcetapplelaw com
ALEXANDER D. VARKAS, IN
ajvarkas(�sxmappldow.com
ASHLEIGH M. GREENE
challcy[+a sweetapp:elaw.com
dsmilliggs%nehipplelaw corn
ea .ae� �aaa w m no„a January 28, 2015
•• oo"an crxro�nva.rnw.Anoam Paralegals:
VIA E -MAIL Cynthia L Bailey, CP, FCP, FRP
Deborah Smith, CP, FRP
Joanne M. O'Connor, Esquire Lamle Arden, FRP
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
Re: Citizens Awareness Foundation, Inc. v. Sweetapple, Brooker & Varltas, PL
Case No.:2014- CA- 011941 -AH, Palm Beach County
Dear Joanne:
As discussed, enclosed is our bill for defending the CAM claim. We will be answering and
filing affirmative defenses as well as a motion to intervene on behalf of the Town of Gulf Stream.
Documents were delivered to me by Mr. Chandler as part of his reporting a crime and fraud scheme
by CAFI and others, including its legal counsel. As such, it is our position that no lawyer- client
privilege attaches as a matter of law.
Inasmuch as our law firm is the defendant in this action and we maintain Gulf Steam's right
to possession and utilization of documents, our billing should be covered by the Town. Enclosed is
our statement. Please process for payment as soon as possible. I have discounted my billing rate
from $600 to $350 per our agreement.
Regards,
All,
ROBERT A. SWEETAPPLE
RAS:cjb
Enclosures
REDACTED PER 119.071(1)(d)l
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, Fl 33432
Phone: 561 -392 -1230 1 Fax: 561-394-6102
Account Statement
Prepared for Sweetapple, Brucker & Varkas
Re: CAM Y. SBV
Previous Balance $0.00
Current Charges $5,927.50
New Balance $5,927.50
Adjustments $0.00
Payments $0.00
Now Due $5,927.50
Trust Account $0.00
REDACTED PER 119.071(1)(d)1
TOWN OF GULF STREAM OPERATING ACCOUNT
To: SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
10013 1127/2015 Legal
001 - 53110- 513 -10 Legal Services - Admin
0 ! 12684
2/19/2015
$5,927.50 50.00 $5,927.50
Totals: 55,927.50 50.00 $5,927.50
TOWN OF GULF STREAM SUNTRUST BANK
OPERATING ACCOUNT 63- 215/631
100 SEA ROAD
GULF STREAM, FL 33463 -7427
(561) 276 -5116
00949
PAY * *Five thousand nine hundred twenty seven and 50/100 Dollars **
TO THE
ORDER
OF SW EETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432 0: GIN.={
39' 3NI ON391
GENUINE GE
NI" lvf'
1v '
'i � AURiORIZEO SIGNATURE
1268 Lilts
4
12684
qq FRAUD
\t] ARHOR'
CHECK DATE
CHECK NO.
2/19/2015
12684
CHECKAMOUNT
$"
5,927.50
4
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, Fl 33432
Phone: 561-392-1230 1 Fax: 561-394-6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Boyle: O'Hare. 1 679
Previous Balance $0.00
Current Charges $26,724.38
New Balance $26,724.38
Adjustments $0.00
Payments
$(21,320.50)
Now Due
$26,724.38
Trust Account
$2.500.00
VN OF GULF STRE
►PAYMENT APPROVED
Check #.
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attorney's Fees
20 SE 3rd Street
Boca Raton, FI 33432
Phone: 561-392-1230 1 Fax: 561 -394 -6102
INVOICE
Invoice Date: February 23, 2015
Invoice Number: 10026
Invoice Amount: $26,724.38
Matter: O'Boyle: O' H a re.1679
1/26/2015
Firm conference re: case status
D.P.V.
.10 $20.00
1/26/2015
Finalize per RAS
D.P.V.
.20 $40.00
comments on erence w .ynt ua re: same
1/26/2015
Review Bar Article. Conferences Joanne and Scott.
R.S.
1.60 $560.00
Work on Motion to Strike re Ohare and memo re
hearing. Work on Request to Produce.
1/27/2015
Email correspondence w/ Joanne re: case #762.
D.P.V.
.10 $20.00
1/27/2015
Email correspondence, review and send. Update
D.P.V.
1.30 $260.00
amended answer per correspondence w/ Joanne and
discussion w/ RAS. T/c w/ Cynthia Bailey re: filing
amended answer per RAS email instructions.
Finalize for filing. Begin draft motion to transfer to
Division AA to Judge Blanc.
1/28/2015
Review new complaints. Finalize and file
R.S.
.40 $140.00
Counterclaim.
1/29/2015
Review email correspondence w/ RAS and JO.
D.P.V.
.10 $20.00
Conference call w/ Mayor Morgan.
1/29/2015
Conference with Mayor Morgan and Dave re
R.S.
1.25 $437.50
appearing in all GULFSTREAM records cases and
counterclaiming. Strategies. Review new suits.
2/2/2015
Exchange emails. Review order. Work on pleadings.
R.S.
.40 $140.00
2/3/2015
Review emails and conference.
R.S.
.40 $140.00
2/4/2015
Conference and email opposing counsel and Bill
R.S.
.75 $262.50
Thrasher. Review complaint. Conference Joanne and
Scott.
215/2015
Prep letter. Prep compliance with Judge Blanc
R.S.
.80 $280.00
Order. Conferences with counsel.
REDACTED PER 119.071(1)(d)1
2/7/2015
Conferences and work on pending cases.
R.S. .60 $210.00
2/7/2015
Review and respond.
R.S. .20 $70.00
2/8/2015
Prepare for hearings. Prepare detailed discovery all
R.S. 1.40 $490.00
new parties. (Sunday)
2/9/2015
Conference with Joanne and Dave re pending cases.
R.S. 2.20 $770.00
Meeting Dave re O'Boyle hearings and memo of
law. Meeting with AV re O'Hare hearing work up.
Prep response to Motion.
2/9/2015
Firm conference re case status. Discuss motion to
D.P.V. .50 $100.00
amend and motion for expedited hearing and case
law research re same.
2/9/2015
Review opposing party amended response in
D.P.V. 1.40 $280.00
opposition to motion to amend. Westlaw research re:
case law cited within said motion. Read and
annotate same to distinguish.
2/10/2015
Call to counsel.
R.S. .20 $70.00
2/10/2015
Prepare for hearings. Prepare motion and request.
R.S. 1.10 $385.00
Conference Scott.
2/10/2015
Revise motion and conference. Prep for client
R.S. .70 $245.00
meeting. Conference and additions re RICO
complaint. Review- additional cases.
2/11/2015
Review motion for clarification filed by MOB.
D.P.V. 1.60 $320.00
Westlaw research re:
an case law
re: same. nnotate m mgs an pant. Conference
w/ RAS in preparation for (tearing.
2/11/2015
Prepare subpoenas O'Hare. Prepare for O'Hare
R.S. 4.75 $1,662.50
hearing. Meet with AV re crossx of witnesses.
Phone conference all lawyers re all pending matters
and final draft of RICO complaint. Conferences with
Scott. Review and revise. Prepare for AM hearing.
2/12/2015
Prepare, travel and attend hearing. Conference
R.S. 3.50 $1,225.00
opposing counsel. Conference Joanne. Conference
Scott. Conference- re O'Boyle law firm
improprieties.
2/12/2015
index Shelly O'Hare depo transcript
A.D.V. 2.00 $700.00
2/13 /2015
index depo transcript of E. Jonas
A.D.V. 1.50 $525.00
2113/2015
Travel and attend calendar call O'Hare. Conference
R.S. 4.50 $1,575.00
Hanna and O'Boyles attorneys. Conference Skip
Smith. Attend town council meeting. Conference
Dave and prepare for Tuesday hearing.
2/14/2015
Conference Scott and Research. Saturday.
R.S. 1.50 $525.00
2/15/2015
Work on projects. Task list. Preparation for Tuesday
R.S. 2.00 $700.00
hearing and Thursday deposition.
2/16/2015
Review motion in opposition to amend. Prepare
D.P.V. 2.40 $480.00
memo for RAS summarizing law and arguments in
response. Westlaw research related to same.
Annotate case law.
2/16/2015
Conference w RAS to discuss tomorrow's hearing.
D.P.V. .60 $120.00
T/c to to request documents in
preparation or caring.
REDACTED PER 119.071(1)(d)1
2/16/2015
Read Berger notebook and cases. Outline plaintirf
R.S. 5.20
$1,820.00
arguments. Review Our memo and cases. Meet with
Dave. Conl'erence�. Review
Tina ¢e preparation or ieanng.
2/16/2015
evlew upplement just filed by Berger. Finalize
R.S. 1.25
$437.50
preparation conference with mayor.
2/17/2015
Preparation, travel and attend hearing. Conference
R.S. 4.00
$1,400.00
Joanne and Scott. Prep depos O'Hare and emails.
2/18/2015
Index RAS depo
A.D.V. 2.00
$700.00
2/18/2015
O'Hare depo prep. Review Bar Rules and late re
R.S. 2.25
$787.50
repara ion tor meeting witli Scott
an oanne re a upcoming projects.
2/19/2015
Travel and meeting at Jones Foster w RAS and
D.P.V. 3.60
$720.00
company regarding strategy and motion for SJ
2/19/2015
Travel and attend pending case meeting. Prep travel
R.S. 11.00
$3,850.00
and take O'Hare deposition.
2/20/2015
Conference with Scott. Meeting with Dave re his
R.S. 2.00
$700.00
projects. Meeting with AV re his research projects.
Hearing preparation.
2/20/2015
westlaw search re: caselaw re
A.D.V. 1.50
$525.00
to
oppose O'Hare's motion to disqualify RAS (read ans
summarize cases)
2/20/2015
Conference with all lawyers. Conference with Dave.
R.S. 1.00
$350.00
2/21/2015
Conference. Start Notice to Produce at hearing and
R.S. 2.00
$700.00
Motions to compel. Work on summary chart and
production requests to additional defendants.
2/22/2015
Dictate letter to Hanna. Dictate Notice to Produce at
R.S. .60
$210.00
trial and exhibit list.
2/23/2015
Review ororder. Conference with Joanne. Meeting
R.S. 1.25
$437.50
with AV re Motion for Order to Show cause against
O'Hare re Mediation disclosure. Research reM
SUBTOTAL:
77.70
$25,410.00
Costs
12/1/2014
Photocopy Charges - November 2014
$6.50
12/3/2014
Postage - November 2014
$0.48
12/17/2014
Westlaw
$202.73
12/222014
Westlaw
$18.81
1/27/2015
Westlaw
$354.48
1/28/2015
Photocopies January 2015
$486.75
1/28/2015
Postage January 2015
$2.70
2/92015
Westlaw
$219.23
2/20/2015
Westlaw
$22.70
SUBTOTAL:
$1,314.38
Matter Ledgers
REDACTED PER 119.071(1)(d)1
1/23/2015 Balance before last invoice
1/23/2015 Invoice 10012
2/3/2015 Check No. 12622
2/23/2015 Invoice 10026
SUBTOTAL:
Trust Account
2/6/2015 Previous Balance
2/6/2015 SBV transfer operating to trust - Check No. 4995
Available in Trust:
$0.00
$21,320.50
$(21,320.5
0)
$26,724.38
$26,724.38
$2,500.00
$2,500.00
$2,500.00
TOTAL $26,724.38
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $26,724.38
REDACTED PER 119.071(1)(d)1
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, Fl 33432
Phone: 561-392-1230 1 Fax: 561-394-6102
Account Statement
Prepared for Sweetapple, Brooker & Varkas
Re: CAFI v. SBV. 1711
Previous Balance
$0.00
Current Charges
$4,402.05
New Balance
$4,402,05
Adjustments
$0.00
Payments
$(5,927.50)
Now Due
$4,402.05
Trust Account
$0.00
TOWN OF GULF STREAM
I> PAYMENT APPROVED t
Check #
REDACTED PER 119.071(1)(d)1
.2
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, FI 33432
Phone: 561-392-1230 1 Fax: 561-394-6102
INVOICE
Sweetapple, Broeker & Varkas
20 SE 3rd Street Invoice Date: February 25, 2015
Boca Raton, Fl 33432 Invoice Number: 10028
Invoice Amount: $4,402.05
Matter: CAR v. SBV.1711
Attorney's Fees
10/17/2014
Review complaint; Review-
A.D.V.
350
$1,225.00
Review law regarding 1)
read case law and treatise a. ur.) 2)
Commission (see case law and treatise).
1020/2014
Continue research
A.D.V.
3.50
$1?25.00
S Read and summarize case law for Motion
to Dismiss.
10202014
Review complaint; Conference with A. Varkas
R.S.
2.25
$787.50
regarding research and motion to dismiss; Prepare
letter and notice of deposition.
10/22/2014
Dictate Motion to Dismiss complaint.
A.D.V.
1.00
$350.00
10232014
Revise Motion to Dismiss; Additional argument
A.D.V.
.50
$175.00
based in case law.
1027/2014
Revise Motion to Dismiss.
A.D.V.
.25
$87.50
10292014
Update motion to strike as sham per RAS; File.
C.B.
.40
$50.00
11/32014
Prepare email; Conference with clerk.
R.S.
20
$70.00
11/13/2014
Conference with R. Sweetapple regarding
D.P.V.
1.30
$260.00
Draft Motion to ompe
per R. Sweetapple's instructions for his review and
approval.
SUBTOTAL:
12.90
$4,230.00
Costs
12/172014
Westlaw
$43.96
2/92015
Westlaw
$15.86
2202015
Westlaw
$112.23
REDACTED PER 119.071(1)(d)1
REDACTED PER 119.071(1)(d)1
SUBTOTAL:
Matter Ledgers
1/27/2015
Balance before last invoice
1/27/2015
Invoice 10013
2/20/2015
Check no. 12684
2/25/2015
Invoice 10028
SUBTOTAL:
Trust Account
2/25/2015 Previous Balance
Available in Trust:
$172.05
$0.00
$5,927.50
$(5,927.50)
$4,402.05
$4,402.05
$0.00
$0.00
TOTAL $4,402.05
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $4,402.05
REDACTED PER 119.071(1)(d)1
REDACTED PER 119.071(1)(d)1
TOWN OF GULF STREAM OPERATING ACCOUNT
To: SWEETAPPLE, BROEKER& VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
10026 22312015 1679
10028 2125,2015 CAR
001 - 53110- 513 -10 Legal Services - Admin
PAY
TO THE
ORDER
OF
• U 12713
2/27/2015
$26,724.38 $0.00 $26,724.38
54,402.05 SOHO $4,402.05
Totals: $31,126.43 $0.00 $31,126.43
pp 12713
TOWN OF GULF STREAM SUNTRU57 BANK ItJ ARMOR
OPERATING ACCOUNT 63- 215/631
100 SEA ROAD CHECK DATE CHECK NO.
GULF STREAM, FL 33483 -7427
(561) 276 -5116
00949
"Thirty one thousand one hundred twenty six and 43/100 Dollars"
SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
2/27/2015 12713
CHECK AMOUNT
$" 31,126.43 E
� I ^ItlJ.
I l OP�
.
39 �'3HInH' � 1
- '..,- AUTHORIZED SIGNATURE - - - - - --
11'04271311'
Rebecca Tew
From:
Sent:
To:
Subject:
Please send check as requested.
Bill Thrasher
Wednesday, March 18, 2015 12:08 PM
Rebecca Tew
FW: Additional cost deposit.
From: Cynthia Bailey [mailto :cbailey @sweetapplelaw.comj
Sent: Wednesday, March 18, 2015 12:05 PM
To: Bill Thrasher
Subject: Additional cost deposit.
Mr. Thrasher,
Would you please provide our firm with an additional cost deposit in the amount of $2,500.00 as your previous deposit
has been exhausted. Thank you.
CYNTHIA J. BAILEY
Certified Paralegal /Florida Certified Paralegal /Florida Registered Paralegal
Sweetapple, Broeker & Varkas, P
20 SE 3rd Street
Boca Raton, FL 33432
(561) 392- 1230(t) x. 305
(561) 394- 6102(f)
cbailev@sweetapplelaw.com
STATEMENT OF CONFIDENTIALITY
The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this
message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate,
maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this
message to any person other than the intended recipient(s) is not intended in any way to waive privilege or
confidentiality.
TOWN OF GULF STREAM
110- PAYMENT APPROVED -4
Amount 12 ,500. oa
BY
Check # 1276 9 n.eo
" U 1 2 7 6 8
T O W N O F G U L F S T R E A M O P E R A T I N G A C C O U N T
3 ! 2 0 / 2 0 1 5
T o : S W E E T A P P L E , B R O E K E R & V A R K A S , P . L .
2 0 S . E . 3 r d S T R E E T
B O C A B A T O N , F L 3 3 4 3 2
1 2 7 6 8
T O W N O F G U L F S T R E A M S U N T R U S T B A N K , ��, A R
O P E R A T I N G A C C O U N T 6 3 - 2 1 5 / 6 3 1
1 0 0 S E A R O A D C H E C K D A T E C H E C K N O .
G U L F S T R E A M , F L 3 3 4 8 3 - 7 4 2 7
( 5 6 1 ) 2 7 6 - 5 1 1
0 0 9 4 9
C H E C K A M O U N T
P A Y * * T w o t h o u s a n d f i v e h u n d r e d a n d 0 0 / 1 0 0 D o l l a r s * *
T O T H E $ * * 2 ' 5 0 0 . 0 0
O R D E R
O F S W E E T A P P L E , B R O E K E R & V A R K A S , P . L .
2 0 S . E . 3 r d S T R E E T
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Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, Fl 33432
Phone: 561-392-1230 1 Fax: 561 -394 -6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Boyle: O'Hare. 1679
Previous Balance $0.00
Current Charges $32,168.66
New Balance $32,168.66
Adjustments $0.00
Payments $(26,724.38)
Now Due $32.168.66
Trust Account $23.30
TOWN OF GULF STREAP
D PAYMENT APPROVED .4 I
heck# ►21-18
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, FI 33432
Phone: 561 -392 -1230 1 Fax: 561-394-6102
INVOICE
Town of Gulf Stream
100 Sea Road Invoice Date: March 23, 2015
Gulf Stream, FL 33483 Invoice Number: 10033
Invoice Amount: $32,168.66
Matter: O'Boyle: O'Hare.1679
Attorney's Fees
2/23/2015
westlaty search: rules ofciv. pro. and statues
A.D.V.
3.00 $1,050.00
MMIJililn (read and summarize). westlaw search
2/24/2015
westlaty search: 1)
A.D.V.
2.00 $700.00
-read and summarize case law nad treatise
for RAS)
2/24/2015
Conf client. Meet AV re research projects. Revise
R.S.
1.60 $560.00
O'Hare filings. Meet clerk re exhibit.
2/25/2015
Conferences counsel and Scott. Exchange emails.
R.S.
.40 $140.00
2/25/2015
continue treatise search and retrieve attorney general
A.D.V.
2.00 $700.00
opinions (read and summarize and organize research
file)
2/26/2015
westlaty search:
A.D.V.
2.00 $700.00
- outline treatise and braman briefs and
additional caselaw for RAS re-
2/26/2015
Review research and work on sanctions and suit re
R.S.
2.60 $910.00
breach by O'Hare and O'Boyle law firm.
Conferences with AV
3/2/2015
Conference with Joanne and preparation for O'Hare
R.S.
.80 $280.00
hearing And motions. Review motion.
3/3/2015
Confre OHare Attorney conference.
R.S.
1.00 $350.00
3/8/2015
Conferences wffff counse re-
R.S.
5.00 $1,750.00
review motion to dismiss and applicable law.
Conferences with Joanne re
Conferences with client. Read all transcripts and
begin hearing prep. Thursday, Friday Saturday and
REDACTED PER 119.071(1)(d)1
REDACTED PER 119.071(1)(d)l
Sunday.
3/9/2015
review O'Hare amended motion to disqualifv;review
A.D.V. 2.00 $700.00
and organize caselaw cited in response thereto;
westlaw search:
conference with n a motion an amended
motion to disqualify and discuss
3/9/2015
Conferences with Hanna and heanng pre
R.S. 3.20 $1,120.00
all authorities. Stipulations re evidence. Review all
new filings.
3/10/2015
Meetings and hearing prep. Review all testimony
R.S. 4.00 $1,400.00
and case law outlines. Conference with client.
3/11/2015
Travel to and attend hearing on motion to disqualify
D.P.V. 550 $ 1,100.00
RAS in O'Hare case. Research case law for Joanne
O'Conner re: standard for disqualification of
lawyer. Annotate and summarize for her review.
3/11/2015
Prep travel and attend hearing before Judge Blanc re
R.S. 7.00 $2,450.00
O'Hare. Work on contempt and 57.105 and proposed
order
3/12/2015
..w,,esttl�laww search:
A.D.V. .70 $245.00
3/12/2015
Meetmask.Conferences with town and
R.S. 2.50 $875.00
counsel re requests. Start on order and contempt
motion. Review statute and cases.
3/13/2015
Work on O'Hare order and order to show cause.
R.S. 2.00 $700.00
Conferences
3/1312015
Draft order. Outline contempt. Conferences
R.S. 2.50 $875.00
3/13/2015
Town meeting. Meeting RANDOLPH and clerks.
R.S. 1.75 $612.50
Conferences.
3/15/2015
Review article and study re
R.S. 1.50 $525.00
eview
—. Work on 57.105 motions all
applicable cases.
3/15/2015
Review and work on proposed order for Judge Blanc
R.S. 1.25 $43750
re O'Hare.
3/16/2015
Calls re emergency public records request.
R.S. 3.00 $1,050.00
Conferences with Kelly, Bill Thrasher, Mark Hanna.
Revise proposed order. Conference Skip
RANDOLPH. Meet AV re 57.105 motions. Work on
Motion got Temporary Injunction.
3/16/2015
Work on Order to Shaw Cause re O'Hare.
R.S. .75 $262.50
3/16/2015
Review fact section of order and do with RAS to
D.P.V. .30 $60.00
discuss addition of various findings of fact.
3/16/2015
Review pleadings disclosing allegations of breach of
A.D.V. 3.50 $1,225.00
confidentiality agreement at settlement
conference;review draft order denying motion to
disqualify Bob SweetappleWestlaw
search
(reade and summarize
case law)(rcad and summarize treatise); draft outline
of motion to strike pleadings for breach of
confidentility agreement.
REDACTED PER 119.071(1)(d)l
3/16/2015 Conferences Joeanne's paralegal. Review and
respond to emails from O'Hare to office staff.
Conferences with Randolph. Rework and review
final draft of order. Meeting with AV to review
treatise and case law re—
Review Bar Journal re
3/16/2015 Review email from
—. Conferences _ and Morgan.
Review O'Hare proposed Order (evening). Draft
motion re fee splitting.
3/17/2015
3/17/2015 Review bar rules re:
r per RAS instructions. Can erence
w/ RAS and AV re: same. Review OBLF fee
agreement and annotate for RAS.
3/170-015 O'Hare dictate subpoena and letter. Work on
motion. O'Boyle meeting Dave re retainer agreement
and with AV re motion. Conference counsel.
Review Bar rule and cases.
31180-015 Review all authorities rem
Review an case law re an 119.
Review Rules and case my re
3/18/2015 Telephone call to
and review: (re
search
Westlaw search re
rea summarize case law) cant erence
with RAS re:research obtained above;search for case
Iaw on
s
3/19/2015 Review all cases and treatise on
Work on
motion for
Review court dockets.
Meeting and conference re!
3/19/2015 Westlawresearcl�
REDACTED PER 119.071(1)(d)1
R.S. 3.20
R.S. 1.50
A.D.V. 4.00
D.P.V. .40
R.S. 2.25
W,
A.D.V
3.75
3.00
R.S. 2.75
A.D.V. 2.50
$1,120.00
$525.00
$1,400.00
$80.00
$78750
$1,312.50
$1.050.00
$962.50
$875.00
3/19/2015
3/19/2015
3/20/2015
3/21/2015
3/22/2015
3/23/2015
SUBTOTAL:
Costs
3/5/2015
3/5/2015
3/19/2015
SUBTOTAL:
Matter Ledgers
2/23/2015
2/23/2015
2/27/2015
3/23/2015
SUBTOTAL:
Trust Account
3/13/2015
2/24/2015
2/27/2015
2/27/2015
2/27/2015
3/13/2015
3/13/2015
3/13/2015
�; read and summarize law review article,
treatise and case la%v re:
Dictate first draft of
`Review all cited authorities.
Review transcript re Motion to Disqualify RAS;
review commission town meetings for the purpose
of evidence of public exposure of confidential
mediation meeting; review case law on Chapter 44
remedies; start drafting Motion for Chapter 44
Remedied (disclosure of confidential mediation
matters).
revise first half of dictated motion for sec. 44.406
relief (disclosing confidential settlement conference)
Meeting with Dave re his assignments in all pending
cases. Revise extensive motion.
Draft and revise filing. Organize outline of
assignments for meeting.
Firm conference w/ RAS. AV and CB. Discuss
-. Receive instructions from RAS re:
next steps.
Photocopies February 2015
Postage February 2015
Westlaw
Balance before last invoice
Invoice 10026
Check No. 12713
Invoice 10033
R.S. 2.00
A.D.V. 2.00
A.D.V. .50
R.S. 1.50
R.S. 125
D.P.V. .50
Previous Balance
(Adjustment) Copy Charges - Rock Legal Serv. & Investigations, Inc
(Adjustment) Electronic Files - Debra Duran & Assoc.
(Adjustment) Transcript - Debra Duran & Assoc.
(Adjustment) Video Deposition - Legal Graphicwoks
(Adjustment) Video Deposition - Legal Graphicworks
(Adjustment) Rock Legal Serv. & Investigations. Inc.
(Adjustment) Rock Legal Serv. & Investigations, Inc.
REDACTED PER 119.071(1)(d)1
92.95
$700.00
$700.00
$175.00
$525.00
$437.50
$100.00
$31,527.50
$323.75
$1.44
$315.97
$641.16
$0.00
$26,724.38
$(26,724.3
8)
$32.168.66
$32,168.66
$1,881.45
$(3150)
$(97.40)
$(85.00)
$(545.50)
$(91925)
$(71.50)
$(36.50)
3/13/2015 (Adjustment) Rock Legal Serv. & Investigations, Inc. $(71,50)
Available in Trust: $23.30
TOTAL $32,168.66
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $32.168.66
REDACTED PER 119.071(1)(d)1
TOWN OF GULF STREAM OPERATING ACCOUNT
To: SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
10013 1127/2015 Legal
001 - 53110- 513 -10 Legal Services - Admin
0 ! 12684
2/19/2015
$5,927.50 50.00 $5,927.50
Totals: 55,927.50 50.00 $5,927.50
TOWN OF GULF STREAM SUNTRUST BANK
OPERATING ACCOUNT 63- 215/631
100 SEA ROAD
GULF STREAM, FL 33463 -7427
(561) 276 -5116
00949
PAY * *Five thousand nine hundred twenty seven and 50/100 Dollars **
TO THE
ORDER
OF SW EETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432 0: GIN.={
39' 3NI ON391
GENUINE GE
NI" lvf'
1v '
'i � AURiORIZEO SIGNATURE
1268 Lilts
4
12684
qq FRAUD
\t] ARHOR'
CHECK DATE
CHECK NO.
2/19/2015
12684
CHECKAMOUNT
$"
5,927.50
4
Sweetapple, Broeker & Varkas
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attorney's Fees
20 SE 3rd Street
Baca Raton, F133432
Phone: 561-392-1230 1 Fax: 561
INVOICE (Check
VN OF GULF STRE
b PAYMENT APPROVED
92(0, oo
Invoice Date: April 09, 2015
Invoice Number: 10048
Invoice Amount: $8,260.00
Matter: O'Boyle v. O'Connor. 1746
2/24/2015
start review of new lawsuit (sunshine violations
A.D.V.
1.00
$350.00
claim of O'Boyle) westlaw search: elements of
complaint.
2/25/2015
continue reading and outlining treatises on sunshine
A.D.V.
2.50
$875.00
act ( fla, jur., fla. prac.,caselaw)
3/2/2015
Research;
AD.V.
3.00
$1,050.00
Read treatise and opinions (outline and
summarize) Draft 57.105 letter..
3/3/2015
Review atty, gen opinions re: sunshine law with
A.D.V.
.75
$262.50
RAS and draft affidavit.
3/24/2015
Westlaw search: Attorney General opinions, Florida
A.D.V.
4.00
$1,400.00
Bar Journal, case law re:
SM I read and summarize articles,
treatise an case law
3/25/2015
Meeting with AV. Work on motion to dismiss and
R S.
.75
$262.50
motion for fees under 57.105.
3/25/2015
Start dictating motion to dismiss and incorporated
A D.V.
3.00
$1,050.00
memo of law
3/26/2015
Obtain authority for basis of motion to dismiss
A.D.V.
1.50
$52500
pursuant to rules 1.110 and 1.140 Bolster and revise
first half draft one of motion to dismiss.
3/30/2015
Work on motions. Meeting with AV to discuss
R.S.
.75
$262.50
controlling law
3/30/2015
rescarchlaw:
A.D.V.
100
$700.00
REDACTED PER 119.071(1)(d)l
Read and summarize treatise and
Costs
SUBTOTAL: $0.00
Matter Ledgers
4/9/2015 Balance before last invoice $0.00
4/9/2015 Invoice 10048 $8,260.00
SUBTOTAL- $8,260.00
Trust Account
caseiaw. Start revising motion to dismiss counts V
4/72015
Previous Balance
and VI.
2/6 /2015
SB V transfer operating to trust - Check No. 4995
3/31/2015
research: failure to state causes of action for A D.V.
3.00
$1,050.00
2/20/2015
declaratory judgment and injunction, read and
$(123.00)
220/2015
(Adjustment) Filing Fee - Clerk of the Court Palm Beach
summarize treatise and caselaw; draft these two
2/242015
(Adjustment) Copy Charges - Rock Legal Serv. & Investigations, Inc
$(31.50)
additional arguments in motion to dismiss counts V
(Adjustment) Electronic Files - Debra Duran & Assoc
$(97.40)
227/2015
and VI;conlinue review of legal tests to consolidate
$(85.00)
2/2712015
(Adjustment) Video Deposition - Legal Gmphicwoks
cases
3/13/2015
( Adjustment) Video Deposition- LegalGraphicworks
4/1/2015
revise third draft of motion to dismiss A.D.V,
.75
$262.50
4/6/2015
Finalize and review. Conference and emails. R.S.
.60
$210.00
SUBTOTAL:
$(71.50)
23.60
$8,260.00
Costs
SUBTOTAL: $0.00
Matter Ledgers
4/9/2015 Balance before last invoice $0.00
4/9/2015 Invoice 10048 $8,260.00
SUBTOTAL- $8,260.00
Trust Account
4/72015
Previous Balance
$0.00
2/6 /2015
SB V transfer operating to trust - Check No. 4995
$2,500.00
2/13/2015
(Adjustment) Charles Fisher Court Reporting
$(197.55)
2/20/2015
(Adjustment) Filing Fee - Clerk of the Court Palm Beach
$(123.00)
220/2015
(Adjustment) Filing Fee - Clerk of the Court Palm Beach
$(298.00)
2/242015
(Adjustment) Copy Charges - Rock Legal Serv. & Investigations, Inc
$(31.50)
2/27/2015
(Adjustment) Electronic Files - Debra Duran & Assoc
$(97.40)
227/2015
(Adjustment) Transcript- Debra Duran & Assoc.
$(85.00)
2/2712015
(Adjustment) Video Deposition - Legal Gmphicwoks
$(545,50)
3/13/2015
( Adjustment) Video Deposition- LegalGraphicworks
$(919.25)
3/13/2015
(Adjustment) Rock Legal Serv. & Investigations, Inc.
$(71.50)
3/13/2015
(Adjustment) Rock Legal Serv. & Investigations, Inc.
$(36.50)
3/13/2015
(Adjustment) Rock Legal Serv, & Investigations, Inc.
$(71.50)
324/2015
Supplemental Cost Retainer. Check no. 12768
$2,500.00
4/72015
(Adjustment) Rock Legal Serv. & Investigations, Inc.
$(71.50)
4/72015
(Adjustment) Rock Legal Serv. & Investigations, Inc.
$(71.50)
Available in Trust
$2,380.30
TOTAL $8,260.00
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $8,260.00
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, Fl 33432
Phone 561- 392 -1230 1 Fax 561- 394 -6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Boyle v. O'Connor 1746
Previous Balance
$0.00
Current Charges
$8,26000
New Balance
$8,260.00
Adjustments
$0.00
Payments
$0.00
Now Due
$8,260.00
Trust Account
$2,380.30
REDACTED PER 119.071(1)(d)1
MARTIN E. O'BOYLE:
ASSET ENHANCEMENT, INC.;
Plaintiff,
k1a
THE TOWN OF GULF STREAM; SCOTT
MORGAN; JOHN C. RANDOLPI-I; ROBERT
SWEETAPPLE; JOANNE O'CONNOR;
Defendants.
IN THE CIRCUIT COURT OF THE 15Ttl
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.:502015CA001737XXXXMB(AJ)
DEFENDANT, ROBERT SWEETAPPLG'S MOTION TO DISMISS COUNTS V AND VI
OF THE COMPLAINT AND ACCOMPANYING MEMORANDUM OF LAW
Defendant, ROBERT SWEETAPPLE, pursuant to Rules 1.140(6) and 1.110(d) of the
Florida Rules of Civil Procedure moves to dismiss Counts V and VI of the Complaint and as
grounds therefore, states:
The law is well settled that on a motion to dismiss, the trial court must look solely to
the allegations of the complaint. If the allegations of a complaint fail to state a cause of action
pursuant to Rule 1.140(6) or demonstrate an affirmative defense on the face of that pleading
pursuant to Rule 1.110(d), the complaint is subject to a motion to dismiss.
Introduction
Counts V and VI recognize that the commissioners of the Town of Gulf Stream ( "Town ")
are granted legislative powers and constitute a board or commission as that terms is contemplated
under Article 1, Section 24 of the Florida Constitution and Section 286.011, Fla. Stat. (P:85, 103).1
Plaintiff alleges that Mayor Morgan was delegated full powers of the Town's commission with
regard to litigation matters as a single member with the authority to arrive at a settlement between
Paragraphs in the Complaint are cited as (P:�.
LAW OFFICE OF SWECTAPPL[, 6ROCR[R k VARRAS, P.L.
165 EAsr BOCA RATON ROAD, aOCA RATON, FLORIDA 33432 -3911
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
the Town and a Town resident, Mr. Chris O'Hare, regarding certain public records litigation. (P:31,
86).
Plaintiff alleges that Robert Sweetapple ( "Sweetapple "), together with Mayor Morgan and
Sweetapple's co- counsel, Joanne O'Connor ( "O'Connor "), attended a settlement conference which
by its nature fell within the dictates of Florida's Sunshine Law. (P:86 -89). Plaintiff complains that
the settlement conference was not publicly noticed, was held in secret, and was sealed with a
confidentiality agreement so that the public at large would never Mow what occurred at that "illegal
and criminal meeting ". (P:90). Quoting paragraph 91 of the Complaint,
"The September 3, 2014 secret negotiation meeting was in derogation of the
Sunshine Laws and caused irreparable harm to the citizens of Florida. It
was part of a larger series of ongoing sunshine violations where Morgan is
unilaterally directing the Town's litigation as a single member alter ego of
the Town where he engages in the decision making process without notice
and without a record of the events at meetings required under the Sunshine
Laws."
However, based on the allegations of fact both precipitating that settlement conference and
describing the contents therein, Plaintiff has failed to slate a legally cognizable claim pursuant to
Section 286.011 of the Florida Statutes thereby precipitating this Motion to Dismiss the counts
against Sweetapple.
2
LAW OFFICES OF SWEETAPPLE, BROEtO:R & VARI:As, P.L.
20 SE 3p° STREET, BocA RATom FLoRIOA 33432
REDACTED PER 119.071(1)(d)l
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
Paragraph 25 of the Complaint states in a conclusory manner that Sweetapple participated in
a decision making process with Mayor Morgan, Town Attorney John Randolph ( "Randolph "), and
O'Connor. Paragraph 30 alleges "upon information and belief' that Mayor Morgan conspired with
the Randolph, Sweetapple, and O'Connor with respect to Mayor Morgan's filing a bar complaint.
Paragraphs 31, 32 and 33 allege that Sweetapple together with O'Connor and Mayor
Morgan engaged a Town resident, Mr. O'Hare, in a settlement negotiation after inducing Mr.
O'Hare into signing a confidentiality agreement. The settlement discussions took place on
September 3, 2014. (P:86).
Paragraphs 34 and 35 allege that Mr. O'Hare entertained the offer presented by Mayor
Morgan and that Sweetapple stated that he would "call the other four commissioners and arrange for
a vote if Mr. O'Hare accepted Mayor Morgan's offer." (P:35). The confidentiality agreement was
attached to the Complaint as Exhibit "C ". Paragraph 38 alleges that Sweetapple together with
O'Connor and Randolph were instrumental in assisting Mayor Morgan in directing the Town's
litigation and that this meeting did not comply with Sunshine Laws. Paragraph 23 alleges that on
December 12, 2014, the delegation of authority to Mayor Morgan was confirmed by the admissions
of Mayor Morgan, Randolph, Vice Mayor Ganger, Commissioner Orthwein and Town Manager
Thrasher at the Town's commission meeting. (P:23).
For the purposes of this motion to dismiss, the allegations of the complaint may be assumed to be true. Elkind v.
Bennett, 958 So.2d 1088, 1090 (Fla. 4" DCA). Without repealing those allegations here, Defendant does not admit to
the truth of any allegation.
3
LAW OFFICES OF SwrrTAPi'LE, EROERER & VARRAS, P.L.
20 SE 3R0 STREET, EOCA RATON, FLORIDA 33432
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
FACTS THAT WERE NOT ALLEGED
At no time does the Complaint allege that Sweetapple met with any other commissioner
other than Mayor Morgan at the meeting wherein settlement discussions transpired with Mr.
O'Hare. In addition, there are no allegations in either Count V or Count VI that any other Town
commissioner participated in the alleged conspiracy between Mayor Morgan and the other
Defendants. In fact, paragraphs 35, 38, and 88 allege that the other commissioners did not
participate in the settlement discussions and that a subsequent vote of the commissioners would be
necessary to effect a settlement.
MEMORANDUM OF LAW
Section 286.011 of the Florida Statutes ( "Sunshine Law ") applies to all gatherings, whether
formal or casual, of two or more members of the same board or commission to discuss some matter
on which foreseeable action will be taken by the public board or commission. Hough v.
Stentbricige, 278 So.2d 288 (Fla. 3d DCA 1973). The law is applicable to all functions of the
covered board or commission, whether formal or informal, which relates to the affairs or duties of
the board. The fact that the business to be discussed may be characterized as "non- substantive"
does not necessarily remove it from the scope of the Sunshine Law. To the extent such business
requires the approval or consideration of the entire board or concerns matters which should
appropriately be considered and discussed by the board, then Section 286.011 of the Florida
Statutes requires that such business be conducted in the sunshine. See AGO 75 -35.
4
LAW OFFICES OF S WEETAPPLE, nROERER & VARKAS, P.L.
20 SE 3R° STREET, BOCA BATON, FLORIDA 33432
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CAO01737XXXMBAJ: Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
In Sarasota Citizens for Reasonable Government a 01y of Sarasota, 48 So.3d 755 (Fla.
2010), the Florida Supreme Court held that meetings within the meaning of the Sunshine Law
include any gatherings, formal or informal, of two or more members of the same board or
commission where the members deal with some matter on which foreseeable action will be taken by
the board. However, in some cases, a superior collegial body bestows upon a subordinate board,
commission, committee, or citizen /staff group some part of its governmental authorities or duties,
the members of such boards, commissions, committees, or groups become subject to the Sunshine
Law. When public officials delegate de facto authority to act on their behalf in the formulation,
preparation, and promulgation of plans on which foreseeable action will be taken by those public
officials, those delegated that authority stand in the shoes of such public officials insofar as
applications of the government in the Sunshine Law is concerned. News- Press Pub. Co., Inc. v.
Carlson, 410 So?d 546, 547 -548 (Fla. 2d DCA 1982).
However, this analysis does not, ipso fciclo, also mean that when a collegial body delegates
some task or authority to an individual person that, in theory, it could elect to collectively exercise
itself, the individual person, when performing such tasks or exercising such authority, must operate
in the Sunshine. See Florida Bar Journal, 88 NOV Fla. B.J. 48 citing and discussing O'Connell v.
Board of Trustees of Florida School of the Deaf and Blind of the Department off, tlncation, State of
Florida, Case No. 90- 199CA, Fla. L. Weekly Supp. 2856 (7a' Cir. 1993). That article is discussed
hereafter because it addresses the participation by one member of a commission in a mediation
proceeding which is not covered by the Sunshine Law.
5
LAW OFFICES or SWEETAPPLE, BROERER g VARKAS, P.L.
20 SE 3A° STREET, oocA RATON, FLORIDA 33,132
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
The Complaint alleges in paragraph 31 that "on September 3, 2014, Morgan -along with
Sweetapple and O'Connor -met with a Gulf Stream resident, Chris O'Hare, to discuss settlement of
certain public records litigation." The Court will note that attached to the Complaint as Exhibit "C"
is the confidentiality agreement executed by the parties at that settlement conference which
incorporated section 44.401 of the Florida Statutes. In other words, the parties to that settlement
conference agreed that the rules and relief provided by Section 44.401 to 44.406 would apply to that
settlement conference. In essence, the settlement conference was an informal mediation. This fact
is very important as explained immediately hereafter.
One area of delegation to a single member of a board or commission is when the
governmental entity is engaged in litigation and must attend mediation. Often, the governing body
will assign a single member to participate in the mediation proceedings. In the case sub judice, the
Town assigned to Mayor Morgan the role of participating in a settlement conference with the
trappings of a mediation. Historically, there has been a clash between the Sunshine Law and
mediation confidentiality when a governmental entity would be ordered to attend mediation with
full authority to settle, yet, often times, only the governing body had such authority. While
meetings of such boards must be in the Sunshine, mediations are closed and confidential, the
conflict between the open and notice meetings required by Sunshine Law and the closed and
confidential meetings in mediations arose. This conflict was examined in the above cited case of
O'Connell v. Board of Trustees for the Floricla School for the Deaf and the Blind of the Dept. of
Education, State of Florida, Case No. 90- 119CA, Fla. L. Weekly Supp. 285B (7a' Cir. 1993). The
6
LAW OFFICES of SWEETAPPLE, BItomER & VARRAS, P.L.
20 SE 3PD STREET, BOCA RATON, FLORIDA 33432
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc, v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
O'Connell court considered the issue of the participation of members of the board at a court ordered
mediation. Specifically, the school was ordered to mediation and to bring someone with full
authority to settle. However, since the board of trustees was a Sunshine body, the school asked the
court to remedy the inherent conflict. The circuit judge correctly observed that "the mediation
conference scheduled would come under open scrutiny and that Florida Statutes 286.011 if more
than one trustee of the [a]gency met." O'Connell, 90 -199CA at 2. See Florida Bar Journal, 88-
NOV Fla. B.J. 48. Resolving this clash of policy, and relying on News -Press Pub. Co., Inc, v. Lee
County, 570 So?d 1335 (Fla. 2d DCA 1990), which addressed a similar issue, the court ordered:
No more than (1) [t]rustee of the [a]gency ... is required to attend the
conference. It is understood by the [c]ourt that if the parties present agree
on a compromise and settlement, it would necessarily have to be presented
in good faith to the entire [b]oard at open meeting before it could be
finalized.
Id at 1.
In both the O'Connell and News -Press cases, the courts authorized one member of the
collegial body to participate in mediation on behalf of that member's entire board in a non - Sunshine
setting, with the understanding that any agreement would require ratification of the full board.
See, Florida Bar.lournal, 88- NOI'Fla. B.J. 48. The Court will note that in paragraph 35, Plaintiff
alleges that Sweetapple stated he would call for the vote of the commissioners to approve any
settlement.
The Court is directed to News -Press Pub. Co., lac. r. Lee County, 570 So 2d 1325 (Fla. 2d
DCA 1990) wherein die Second District held that when one member of the governing body attends
a mediation proceeding which requires a subsequent vote by the governmental body, the mediation
7
LAW OFFICES Or S WEETAPPLE. 13ROEKER g. VARI:AS, P.L.
20 SE 3"0 STREET, BOCA BATON, rLORIOA 33432
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc, v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweelapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
MOTION TO DISMISS COUNT V FOR FAILURE TO PLEAD A
CAUSE OF ACTION FOR DECLARATORY,IUDGMENT
It is settled law that before any proceeding for declaratory relief should be entertained, it
should be clearly made to appear that there is a bona fide, actual, present practical need for the
declaration; and that the declaration should deal with a present, ascertained or ascertainable state of
facts or present controversy as the state of facts; that some immunity, power, privilege or right of
the complaining party is dependent upon the facts of the law applicable to the facts; that there is
some person or persons who have, or reasonably may have an actual, present, adverse and
antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse
interests are all before the court by proper process of class representation and that the relief sought
is not merely the giving of legal advice by the court's or the answer to questions propounded from
curiosity. Slate of Florida Department of Environmental Protection r. Garcia, 99 So.3d 539 (Fla.
3d DCA 2011). In Garcia, the Third District stated that "these elements are necessary in order to
maintain the status of the proceeding as being judicial in nature and therefore within the
constitutional powers of the court." !d. at 545.
Plaintiff has failed to plead any of these elements. In addition, based on the relief sought
and the incorporated allegations of a violation of the Sunshine Law, Plaintiff is not in doubt as to
any "immunity, power, privilege, or right of the complaining party...". Therefore, Plaintiff has
failed to state a cause of action sounding in a complaint for declaratory judgment. See Garcia,
supra, at 545.
9
LAW OFFICES OF SWEETAPPLE, BROEKER & V AREAS, P.L.
20 SE 3P0 STREET, BOCA RA,rON, FLORIDA 33432
REDACTED PER 119.071(1)(d)l
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of law
MOTION TO DISMISS COUNT VI FOR FAILURE TO STATE A CAUSE OF ACTION
FOR AN INJUNCTION
To obtain a permanent injunction, a plaintiff must establish a clear legal right, an inadequate
remedy at law, and that irreparable harm will arise absent injunctive relief. In addition, plaintiff
must allege that issuing of an injunction will serve the public interest. K TV Brown cord Co. v.
McCutchen, 819 Sold 977 (Fla. 4a' DCA). While it may be argued that the complaint touches upon
these elements, the allegations going to a conference to explore the possibility of settlement do not
create a clear legal right since the Sunshine Law does not apply to the settlement conference
described above.
WHEREFORE, Defendant, ROBERT SWEETAPPLE, respectfully requests the Court to
enter an order dismissing Counts V and VI of the Complaint as they pertain to him and grant such
other and further relief that the Court deems just and proper.
Respectfully submitted,
SWEETAPPLE, BROEICER & VARKAS, P.L.
20 SE Yd Street
Boca Raton, Florida 33432
Telephone: (561) 392 -1230
Email: I'leadings@sweetapplelaw.com
sweetapplelaw.com
By:,
ROBERT A. SWEETAPPLE
Florida Bar No.: 296988
CERTIFICATE OF SERVICE
10
LAW OFFICES OF SWEETAPPLE, BROEAER & VARKAS, P.L.
20 SE 3R° STREET, BOCA RATON, rLORIDA 33432
REDACTED PER 119.071(1)(d)1
Martin E. O'Boyle and Asset Enhancement, Inc. v. The Town of Gulf Stream, Scott Morgan, John C.
Randolph, Robert Sweetapple, Joanne O'Connor
Case No.502015CA001737XXXMBAJ; Palm Beach County
Defendant, Robert Sweetapple's Motion to Dismiss Counts V and VI of the Complaint and Accompanying
Memorandum of Law
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
EFiling portal on this _ day of April, 2015 to: THE O'BOYLE LAW FIRM, P.C., William F.
Ring, Esquire, 1286 West Newport Center Drive, Deerfield Beach, FL 33442 (Telephone:954 -834-
2201; email :oboylecourtdocs @oboylelawfirm. com;wring @oboylelawfirm.com)..
By:
ROBERT A. SWEETAPPLE
Florida Bar No.: 296988
11
LAW OFFICES OF SWEETAPPLE, BROEKER $ VARKAS, P.L.
20 SE 3° STREET, BOCA RATON, FLORIDA 33432
TOWN OF GULF STREAM OPERATING ACCOUNT
• ' 12849
4 /to ;ants
To. SWFETAPPLF, BROFFER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
INVOICE NUM13ER DATE DESCRIPTION
10048 4'92015 Legal 58,260.00 50.00 S8,260.W
Totals: $8,260.00 50.00 511,260.00
acr%ICCS - A111 n t
TOWN OF GULF STREAM
OPERATING ACCOUNT
100 SEA ROAD
GULF STREAM, FL 33483 -7427
(561) 276 -5116
00949
PAY **Eight thousand two hundred sixty and 00 1100 Dollars"
TOTHE
ORDER
OF SWEETAPPLE, BROEKER 8 VARKAS, P.L.
20 S.E. 3rd STREET MrFll
BOCA RATON, FL 33432
aunwRiacwa'
B•01 2849[I'
$" 8,260.00 E
12849
SUNTRUST BANK FFRR��
63. 215.'631
CHECK DATE
CHECK NO
4/10/2015
12849
CHECK AMOUNT
20 S.E. 3rd STREET MrFll
BOCA RATON, FL 33432
aunwRiacwa'
B•01 2849[I'
$" 8,260.00 E
Sweetapple, Broeker & Varkas
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attorney's Fees
20 SE 3rd Street
Boca Raton, FI 33432
Phone: 561-392-1230 1 Fax: 561
INVOICE
VN OF GULF 51 Kt
is PAYMENT APPROVED 4
ur
2 9 J5_11 15
Check ��t --- Dale
Invoice Date: May 01, 2015
Invoice Number: 10055
Invoice Amount: $26,232.60
Matter: O'Boyle: O'Hare.1679
3/23/2015
Dictate last part of motion for F.S. 44.401 relief
A.D.V. .75 $262.50
3/23/2015
Meeting with Dave and conference Joanne re_
R.S. 1.50 $525.00
_ Work on Responses to O'Boyle counter
defendant motions. Analyze Summary Judgment.
Work on
3/23/2015
Edit and work on -, etc. Conference w/
D.P.V. 2.90 $580.00
RAS re: same. Begin review of county court
motions, including motion to strike and motion to
stay, to determine proper responses. Also review
motions in O'Boyle case re: same. Conference w/
RAS re: same and discuss next steps.
3/24/2015
Review cases located by Dave. Conference re
R.S. 2.00 $700.00
revisions and motion to compel and motion for
sanctions. Review complaints in additional cases
SBV appearing in.
3/24/2015
Review O'Hare motion to dismiss. Meet with Dave
R.S. .75 $26250
re research projects. Review O'Boyle motions.
3/24/2015
T/c w/ Joanne O'Conner re: motion to appoint
D.P.V. .30 560.00
commissioner, to be restyled motion to compel.
3/24/2015
Westlaw research re:
D.P.V. 3.80 $760.00
nnotate
resu is and incorporate into motion. it motion
based on JO and RAS comments. Insert additional
language concerning fee splitting w/ non - clients and
demonstration of intent to generate scam claims.
Multiple conferences w/ RAS re: same.
3/24/2015
Review motion to strike and motion to dismiss
D.P.V. .80 $160.00
REDACTED PER 119.071(1)(d)1
3/25/2015
3/25/2015
3/25/2015
3/27/2015
3/30/2015
3/31/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/2/2015
4/32015
4/3/2015
4/3/2015
4/4/2015
4/7/2015
4/7/2015
4/7/2015
counterclaim. Annotate and identify key arguments
to be rebutted and review multiple cases cited.
Conference w/ RAS re: same.
Research and Revise motion. Work on discovery in
O'Hare and O'Boyle. Conferences client and
Counsel.
Review public records binder and annotate case law
to determine possible additional defenses for cases.
Finalize edits to motion re fee agreement and
prepare for RAS final review. Email correspondence
w/ Joanne re: edits to motion. Incorporate into final
RAS version.
Review emails and conferences.
Review all emails and filings. Review draft motion.
Meeting with Dave re projects.
Prepare letter. Finalize motion. Review motion from
Raeder. Conferences.
Finalize motion for sanctions against O'Hare. Email
correspondence w/ RAS and JO re: same. Draft and
send correspondence to Ring requesting extension
re: Asset Enhancement case against RAS on alleged
Sunshine law violations.
Review emails and FJ. Conferences.
Conference Joanne re motion and letter. Meeting
Dave re pending case conference with Joanne on
Friday.
Conference w/ RAS to discuss status of litigation
and call w/ JO to that effect (0.2). Finalize Judge
Blanc letter (0.1). Review order denying O'Hare
motion for DQ and email correspondence re: next
steps to get all attorneys' fees and costs under 57.105
(0.4).
Meeting, conferences Joanne, Scott and Hanna.
Review Order. Review Article.
Email correspondence w/ opposing counsel.
Conference w/ RAS and JO re: strategy in all PR
cases. Discuss 57.105s. Travel to and from.
Review materials to comply with PRR request.
Create excel spreadsheet summarizing next steps on
all cases. Email correspondence re: same
Travel and attend review and strategy meeting re all
pending PRR cases. Review motions and articles.
Review request for documents to SBV.
Conference w/ CB to set hearings on M2T for all
county court cases. Review each Judge's orders on
UMC and accompanying administrative orders.
Email correspondence to opposing counsel in each
case.
R.S. 1.75
D.P.V. 2.80
R.S.
.50
R.S.
120
R.S.
1.25
D.P.V.
.70
R.S.
1.20
R.S.
1.00
D.P.V.
.70
R.S.
1.50
D.P.V.
.10
D.P.V.
3.00
D.P.V.
.70
D.P.V.
.40
R.S.
3.50
D.P.V. .60
Prep notices. Meeting re discovery projects. R.S.
Prep letters and review order. Review case law re R.S.
Conf Dave re his
REDACTED PER 119.071(1)(d)l
.30
.75
$612.50
$560.00
$175.00
$420.00
$437.50
$140.00
$420.00
$350.00
$140.00
$525.00
$20.00
$600.00
$140.00
$80.00
$1,225.00
$120.00
$105.00
$262.50
REDACTED PER 119.071(1)(d)1
projects.
4/7/2015
Review motion to transfer and available pleadings to
D.P.V. 1.20 $240.00
summarize county court issues.
4/9/2015
Email correspondence and updates to case list.
D.P.V. .20 $40.00
4/10/2015
Multiple email correspondence w/ opposing counsel.
D.P.V. 2.60 $520.00
Draft notices and motions re: upcoming hearings.
Westlaw research re: same.
4/10 /2015
Conferences Joanne, review Skip letter. Review
R.S. 2.00 $700.00
emails and filings all cases. Correspondence with
counsel. Meeting with Dave re all pending hearings.
4/1112015
Review O'Hare filings and cases. Hearing prep.
R.S. 1.25 $43750
4/13/2015
Prepare for 4115 hearing. Review relevant pleadings
D.P.V. 1.90 $380.00
and create hearing file for RAS. Draft memo to RAS
detailing arguments and defenses.
4/13/2015
Work on request. Conferences and calls.
R.S. .50 $175.00
4/14/2015
Review O'Hare memo and case law. Review Lang
R.S. 2.75 $962.50
FJ. Conferences Scott and Dave. Conferences
counsel.
4/14/2015
Email correspondence. Draft notice of appearance in
D.P.V. .10 $20.00
other case.
4/14/2015
Review file re: sunshine violation case. Review
D.P.V. 1.30 $260.00
complaint and draft version of motion to dismiss.
Conference w/ RAS re same.
4/15/3015
Prep, travel and attend hearing. Conference re
R.S. 2.75 $962.50
response memo. Conference Joanne re strategy.
4/15/2015
Westlaw research re: sunshine case and public
D.P.V. 5.30 $1,060.00
officials. Research cost not billed. Overhaul motion
to dismiss based on annotated and reviewed case law
and statutes. Draft additional arguments. Review
filed motion to dismiss from co- defendants to
incorporate additional arguments. Conferences w/
AV and RAS re: above.
4/15/2015
Conference w/ RAS prior to his morning hearing.
D.P.V. .10 $20.00
4/16/2015
Prep, travel to, and argue motion to transfer before
D.P.V. 2.00 $400.00
Judge Parse
4/16/2015
Work on final argument re: motion to dismiss
D.P.V. .30 $60.00
4/16/2015
Finalize motion to dismiss and keycite all research.
D.P.V. 3.00 $600.00
Draft motion for sanctions and accompanying letter.
Finalize per conference w/ AV.
4/17/2015
Finalize motion to dismiss and file. Send letter to
D.P.V. 1.00 $200.00
opposing counsel w/ 57.105 motion.
4/17/2015
Review filings and meeting re pending projects.
R.S. .50 $175.00
4/20/2015
Conferences client and counsel. Hearing prep.
R.S. 1.25 $437.50
4/21/2015
Prepare, travel and attend hearing. Conference with
R.S. 3.00 $1,050.00
counsel. Conference with Dave re pending projects.
4/21/2015
Conference counsel re O'Hare. Notice of
R.S. 20 $70.00
cancellation.
4/22/2015
Review affidavit and prepare letter to Ring re
R.S. 2.20 $770.00
Johnathan O'Boyle avoidance or service. Review
emails and prepare letter to Ring, Hanna and Raeder
re depos. Conference re special set hearing. Review
REDACTED PER 119.071(1)(d)1
Costs
1/20 /2015
proposed order. Conference re outstanding motions,
$398.00
4/7/2015
discovery and prep for special set hearing. Review
$38750
4/8/2015
all recent filings and emails. Conference with
$3.78
4/28/2015
Joanne.
$8.07
4/22/2015
Review confidential filing under seal and prep
R.S. 1.50 $525.00
SUBTOTAL:
research assignment. Review memo and authorities
$1,345.10
and conference.
4/22/2015
Review email correspondence.
D.P.V. .10 $20.00
4/23/2015
Prepare file for hearing.
D.P.V. .20 $40.00
4/23/2015
Conference w RAS re status
D.P.V. .10 $20.00
4/24/2015
Prep, travel and attend hearing on motion to transfer
D.P.V. 1.80 $360.00
county court case #2274.
4/24/2015
Conference re hearing and response to Berger
R.S. 125 $437.50
memo. Review -. Review and reply.
4/27/2015
Research
R.S. 2.25 $78750
Review all emails and
motions tiled in O'Hare cases. Review new Records
Request served on SBV. Conference Joanne. Meet
with Dave re all projects.
4/27/2015
Review Proposed orders, exchange emails and
R.S. .80 $280.00
review transcript of Depo.
4/28/2015
Conference re Depos and subpoena. Prep subpoena.
R.S. .40 $ I40.00
4/28/2015
E-mail correspondence w/ opposing counsel
D.P.V. .10 $20.00
4/29/2015
Conference Scott. Conference Dave re progress and
R.S. 1.25 $437.50
issues. Revise Subpoena. Review Johnathan O'Boyle
response. Review all emails.
4/29/2015
Review opposition to leave to amend in case 17717
D.P.V. 1.20 $240.00
and begin drafting response.
4/30/2015
Work on response to pi's opposition to leave to
D.P.V. 2.40 $480.00
amend in 17717.
4/30/2015
Complete first 12 pages of response and related case
D.P.V. 2.80 $560.00
law research (research not billed). Email
correspondence w/ counsel re same.
4/30/2015
Review emails and filings and conferences.
R.S. .50 $175.00
5/1/2015
Finalize response in opposition for RAS review.
D.P.V. 2.50 $500.00
Complete research re same. Conference w/ RAS to
discuss.
51112015
Work on multiple memoranda regarding O'Boyle
R.S. 1.20 $420.00
motions and our motion for SJ.
5/1/2015
Review article. Finalize Response and Memo.
R.S. .75 $262.50
SUBTOTAL:
91.25 $24.887.50
Costs
1/20 /2015
Court fees. SBV Check No. 4959
$398.00
4/7/2015
Photocopies March 2015
$38750
4/8/2015
Postaee March 2015
$3.78
4/28/2015
Postage April 2015
$8.07
4/282015
Photocopies April 2015
$547.75
SUBTOTAL:
$1,345.10
REDACTED PER 119.071(1)(d)1
Matter Ledgers
3/2312015 Balance before last invoice
323/2015 Invoice 10033
3/25/2015 Check No. 1278=4
51112015 Invoice 10055
SUBTOTAL:
Trust Account
4/72015 Previous Balance
324/2015 Supplemental Cost Retainer. Check no. 12768
4/7/2015 (Adjustment) Rock Legal Serv. & Investigations, Inc.
4/7/2015 (Adjustment) Rock Legal Serv. & Investigations, Inc.
Available in Trust:
$0.00
$32,168.66
$(32,168.6
6)
$26,232.60
$26,232.60
$2.523.30
$2,500.00
$(71.50)
$(71.50)
$2,380.30
TOTAL $26,232.60
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $26,232.60
REDACTED PER 119.071(1)(d)1
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, FI 33432
Phone: 561-392-1230 1 Fax: 561-394-6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Boyle: O'Hare. 1679
Previous Balance $0.00
Current Charges $26,232.60
New Balance $26,232.60
Adjustments $0.00
Payments $(32,168.66)
Now Due $26.232.60
Trust Account $2,380.30
REDACTED PER 119.071(1)(d)1
W lJ
TOWN OF GULF STREAM OPERATING ACCOUNT
To: SWEETAPPLF, BROEKFR & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
12926
5/11/2015
1 UJ I S -1 U Legal Services- Admin
TOWN OF GULF STREAM SUNTRUST BANK
OPERATING ACCOUNT 63- 215/631
100 SEA ROAD
GULF STREAM, FL 33483 -7427
(561) 276 -5116
00949
RAY *'Twenty six thousand two hundred thirty two and 60/100 Dollars"
TO THE
ORDER
OF SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET rv� xE
uelno
BOCA RATON, FL 33432
.'ii ONI,
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5/11/2015 12926
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 11, 2015
Our Public Records, LLC [mail to: records @commerce- group.com]
Re: GS #1847 (1101)
Provide a copy of all billings and payments from and to the law firm of Sweetapple, Broeker &
Markus (including Robert Sweetapple singularly) for the billing period beginning in February
2015 through the date of this request.
Dear Our Public Records, LLC [mail to: recordsacommerce- eroup.coml,
The Town of Gulf Stream received your public records requests on June 1, 2015. You should be
able to view your original requests at the following link http://www2.eulf-
stream.ore/weblink/0 /doc /52756 /Pasel.aspxx. In future correspondence, please refer to this public
records request by the above referenced numbers.
The responsive documents can be found at the same above link. As reflected on the attached
record, exempt information has been redacted pursuant to Fla. Stat. § 119.071(1)(d). A public
record that was prepared by an agency attorney or at the attorney's express direction for
imminent or ongoing litigation that relates to counsel's mental impression, conclusion, legal
strategy, or legal theory is exempt pursuant to Fla. Stat. § 119.071(1)(d). The exempt information
here relates to pending and reasonably anticipated imminent litigation involving the Town,
William Thrasher, Garrett Ward, Scott Morgan, Joanne O'Connor, John Randolph and Robert
Sweetapple, on the one hand, and Martin O'Boyle and entities controlled by or affiliated with
him including, but not limited to, Commerce GP, Inc., the Commerce Group, Inc., Commerce
Realty Group, Asset Enhancement, Inc., CG Acquisition Company, Inc., Citizens Awareness
Foundation, Inc., Airline Highway, LLC, CRO Aviation, Inc., Our Public Records, LLC, and
STOPDIRTYGOVERNMENT, LLC., and Christopher O'Hare, on the other hand. The checking
account numbers have also been redacted pursuant to Fla. Stat. § 119.071(5)(b).
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records