Court Records
Filing # 112002684 E-Filed 08/18/2020 03:46:04 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC,
Publisher of the PALM BEACH POST,
Plaintiff,
v.
DAVE ARONBERG, as State Attorney of
Palm Beach County, Florida; SHARON R.
BOCK, as Clerk and Comptroller of Palm
Beach County, Florida.
Defendants.
DEFENDANT DAVE ARONBERG'S MOTION FOIC
CASE NO.: 19-CA-014681
CO SA
Y FINAL JUDGMENT
AND MEMORANDUM OF LAW I T THEREOF
ccDefendant DAVE ARONBERG, as S te tto ey of Palm Beach County, Florida,
(hereinafter "Aronberg"), by and through co lo and pursuant to Rule 1.510 Florida Rules of
Civil Procedure, moves for entry of judgment in his favor as to the remaining claim for
Declaratory Relief in Plaintiff's F
i
r ed Complaint', and in support thereof states as follows: C
STATE OF THE UNDISPUTED FACTS
The following is a s et ent of facts material to this motion for summary judgment as to which
there is no genum
I of Plaintiff's First Amended Complaint, (hereinafter "Complaint"), filed
January 1t 202U, seeks Declaratory Relief pursuant to Section 86.011, Florida Statutes.
2. Specifically, Plaintiffs Count I seeks a court order "declaring that pursuant to Fla. Stat.
Section 905.27(1)(c) and the Court's inherent authority, The Palm Beach Post may gain access to the
testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury" that
' On Junc 8, 2020, this Court entered its Order Granting Defendants Motion to Dismiss Count II of the Plaintiff's First
Amended Complaint with Prejudice.
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 08/18/2020 03:46:04 PM ***
EFTA02732823
"Clerk").
was empaneled during the first Jeffrey Epstein, (hereinafter "Epstein"), sex abuse investigation,
(hereinafter "Requested Materials"). Complaint pg. 20
3. Plaintiff seeks to use the Requested Materials "for the purpose of informing the public."
Id.
4. Plaintiff seeks the above-referenced declaratory relief, including copies of the
Requested Materials, from both Aronberg, as State Attorney of Palm Beach Cou lorida, and
dli yDefendant, Sharon R. Bock, as Clerk and Comptroller of Palm Beach County, Fl ((hereinafter the
0
h5. Neither Aronberg nor the Office of the State Attorney for F. C eenth Judicial Circuit,
("SAO"), is in control, custody, or possession of the Request
A
as Exhibit "A". 4.
6.
Aronberg Aff. ¶ 3, attached
The declaratory relief sought by t i seeks materials that are impossible for
Aronberg or the SAO to produce. Exhibit "A
7. Neither Aronberg nor as the legal authority to obtain and/or deliver the
Requested Materials. Exhibit "A" .
8. The undisputed f t forth above in paragraphs 6-7 have been repeatedly made
evident by Aronberg to the r iff and the public through not only the pleadings and correspondence
in this matter, but }trough an office press release and Aronberg's public social media accounts.
Exhibit"
either Aronberg nor the SAO has the authority to demand that the Clerk grant the
SAO access to grand jury materials after a criminal case has concluded. Exhibit "A" ¶ 7.
10. During Aronberg's administration, neither he nor his office has accessed grand jury
materials from the Clerk's office in this or any other instance. Exhibit "A" ¶ 8.
2
EFTA02732824
11. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody
and possession of the Requested Materials, which can only be released by the Clerk pursuant to an
order of the Court. Exhibit "A"1 9.
MEMORANDUM OF LAW
I. Legal Standard Governing Motions For Summary Judgment
"The judgment sought shall be rendered forthwith if the pleadings, deposit' answers to
interrogatories, and admissions on file together with the affidavits, if any, show th is no genuine
issue of material fact and that the moving party is entitled to a judgmen er of law." Rule
1.510, Fla. R. Civ. P. It is appropriate to resolve a declaratory action on my judgment when, as
here, the decree seeks a legal interpretation of a statute. Rahimj 1 Discoveries, Ltd., LLC, 252
So. 3d 804 (Fla. 5th DCA 2018).
IL The Requested Materials Can Only Be
Order
Notably, neither Arenberg nor the O is control, custody, or possession of the Requested
Materials. Exhibit "A" 13. None ant to Section 905.27(1)(c), Florida Statutes and the
Court's inherent authority, Plain ff a court order declaring that Aronberg provide copies of the
Requested Materials to Th lm Beach Post for the purpose of informing the public. Complaint pg. tZ isir
20-21. Plaintiff i king eclaratory relief alleging its entitlement to the Requested Materials
pursuant to th e g justice" exception to grand jury secrecy. § 905.27, Fla. Stat. (2020).
nging its declaratory relief claim pursuant to Section 905.27, Florida Statutes, "a
single part dfa statute should not be read in isolation." Universal Prop. & Cas. Ins. Co. v. Loftus, 276
So. 3d 849, 851 (Fla. 4th DCA 2019). "Instead, `all parts of a statute must be read together in order to
achieve a consistent whole!" Id. (quoting Forsythe v. Longboat Key Beach Erosion Control Dist.,
604 So. 2d 452, 455 (Fla. 1992).
Ned y The Clerk Pursuant To A Court
3
EFTA02732825
Section 905.17(1), Florida Statutes makes clear that grand jury records, like the Requested
Materials in this matter, are to be maintained with the Clerk, and can only be released by the Clerk
pursuant to a court order. To wit:
The stenographic records, notes, and transcriptions made by the court reporter or
stenographer shall be filed with the clerk who shall keep them in a sealed container not
subject to public inspection. The notes, records, and transcriptions are confidential
and exempt from the provisions of s. 119.07(1) and s. 24(a), An. I of the tate
Constitution and shall be released by the clerk only on request by a grand ju
by the grand jury or on order of the court pursuant to s. 905.27.
Section 905.17(1), Florida Statutes (2020). (Emphasis added.)
Text, context, and purpose are the ordinary tools used for disce ing tory meaning, with
the overarching principle being "that judges lack the power to construe an unambiguous statute in a
way which would extend, modify, or limit its express terms i able and obvious implications.
To do so would be an abrogation of legislative power." , the plain language of section 905.17
is clear and unambiguous and, therefore, contro witz v. Plantation Gen. Hosp. Ltd. P 'ship,
959 So. 2d 176, 182 (Ha. 2007).
Accordingly, based on the cl a iguous statutory language set forth in section 905.17(1),
only the Clerk, not the State At rney ay release grand jury materials pursuant to an order of the
court. Thus, it is apparent Aronberg and the SAO lack the legal authority to obtain and deliver the f 44„.
Requested Materia xhib7 "A" ¶ 5. Likewise, the declaratory relief sought by the Plaintiff seeks
materials that ible for Aronberg or the SAO to produce. Exhibit "A" ¶ 4. Again, the Clerk
has sol d possession of the Requested Materials. These facts have been repeatedly made
evident by nberg to the Plaintiff and the public through not only the pleadings and correspondence
in this matter, but also through an office press release and Aronberg's public social media accounts.
Exhibit "A" ¶ 6.
Although the above-referenced statutory authority illuminates the fact that only the Clerk may
release grand jury records like the Requested Materials herein, it remains significant to note that neither
4
EFTA02732826
Aronberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury
materials after a criminal case has concluded. Exhibit "A" 1 7. Hence, during Aronberg's
administration, neither he nor his office has accessed grand jury materials from the Clerk's office in
this or any other instance. Exhibit "A" ¶ 8.
HI. Conclusion
The ultimate facts underlying the lawsuit are not in dispute. The Court is ful ered to
dispose of this matter based on application of the undisputed facts to the plain ge of Section
905.17, Florida Statutes, which renders the Plaintiff's action for declaratc impossibility for
Aronberg to perform and that must be denied as a matter of law.
WHEREFORE, Defendant, DAVE ARONBERG, as rney of Palm Beach County,
Florida, respectfully requests that this motion be
grantteed$
t,5 immary final judgment be entered
Net ltin his favor consistent with this motion, and here t Ily requests that this Court dismiss the
t1Complaint with prejudice and grant such othe ' f, i uding attorney's fees and costs, as this Court
deems fit and proper under the circums
R IFI ATE F ERVI E
I HEREBY CERTIFY th is 18th day of August, 2020, a copy of the foregoing has been
,ittiaelectronically filed with the o E-File Portal for e-service on all parties of record herein.
AS
No.)
SCHOLZ & WYLER, LLC
/s/ Douglas A. Wyler
ArtInTh rEsq.
Fla. Bar No.: 10249
Richard J. Scholz, Esq.
Fla. Bar No.: 0021261
Douglas A. Wyler, Esq.
Fla. Bar No.: 119979
961687 Gateway Blvd., Suite 201-I
Fernandina Beach, Florida 32034
([Phone Redacted]
([Phone Redacted] Fax
Primary: [Email Redacted]
5
EFTA02732827
General Counsel for the Florida Prosecuting
Attorney's Association
6
EFTA02732828
EXHIBIT "A"
EXHIBIT "A"
EFTA02732829
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC,
Publisher of the PALM BEACH POST,
Plaintiff,
v.
DAVE ARONBERG, as State Attorney of
Palm Beach County, Florida; SHARON R.
BOCK, as Clerk and Comptroller of Palm
Beach County, Florida.
Defendants.
STATE OF FLORIDA
COUNTY OF PALM BEACH
CASE NO.: I9-CA-014681
II
AFFIDAVIT OF DAVID AROV
0
Before me, the undersigned authority personally apps DAIrID ARONBERG, being first duly sworn,
states:
I. My name is David (Dave) Ar6n add I am the State Attorney for the Fifteenth Judicial
Circuit/Palm Beach County, Florida, si 13, a Defendant in the above-captioned matter.
2. Plaintiff is seeking declariT ry relief, pursuant to Ha. Stat. 905.2 I( I )(c) and the Court's
inherent authority, allowing Plaintiff access to the testimony, minutes, and other evidence presented in 2006
to the Palm Beach County grand jury, (the "Requested Materials"), and to use those materials for the
purpose of informing thepublic.
3. Despite plaintiff's above-described action for declaratory relief, neither myself nor the
Office of the ‘ta ttomey for the Fifteenth Judicial Circuit, ("SAO"), is in control, custody, or possession
of the R M rials.
As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible
y office to produce.
5. To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the
Requested Materials.
6. I have repeatedly made these facts evident to the Plaintiff and the public through not only
the pleadings and correspondence in this matter, but also through an office press release and my public
social media accounts.
EFTA02732830
7. Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to
demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded.
8. Moreover, during my administration, neither myself nor my office has accessed grand jury
materials from the Clerk's office in this or any other instance.
9. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and
possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the
Court.
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA
COUNTY OF PALM BEACH
Sworn to and subscribed before me this act
personally knownto me or has shown
020, by DAVID ARONBERG, who is
as personal identification.
aft r/4 7OC-doerei---
ta Public
Notary's Stamp or Se* LATOSNALOAT4000E
WIVES
Eggs SY alt4
an kegs in soma" Wino
EFTA02732831