Court Records
Filing # 127525660 E-Filed 05/25/2021 05:19:40 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,
Case No.: 50-2019-CA-014681-XXXX-MB
Plaintiff,
Division: AG
v.
DAVE ARONBERG, as State Attorney of
Palm Beach County, Florida; SHARON It
BOCK, as Clerk and Comptroller of Palm
Beach County, Florida,
Defendants.
DEFENDANT, CLERIC AND COMPTROL COIUNTY'S, RESPONSE TO PLAT SCHEDULE A ONE HO FOR ITS MOTION FOR S -QTION TO ALM BEACH JUDGMENT Defendant, Abruzzo, as CI d ptroller of Palm Beach County, Florida
("Clerk Abruzzo"), by counsel, respon
Palm Beach Post's ("PBP"), Mo
Judgment, and states as follow
lain ff CA Florida Holdings, LLC, publisher of the
tile a One Hour Hearing for Its Motion for Summary
1. On January, 9p2I, Clerk Abruzzo was sworn into office as Palm Beach County's
Clerk and Comppmc As PBP is aware, Clerk Abruzzo recently began the process of retaining
litigation colthis matter and anticipated cooperating to schedule the hearing PBP is
requesting as soon as that process was completed.
2. Clerk Abruzzo inherited this case because his office is charged with the ministerial
duty of being the custodian of the grand jury records PBP seeks to obtain.
3. In the performance of that duty, Clerk Abruzzo's allegiance is necessarily to the
Constitution and laws he swore to uphold.
FILED: PALM BEACH COUNTY. FL, ABRUZZO, CLERK, 05/25/2021 05 19 40 PM
EFTA02733798
4. Irrespective of any desire he may have to release the materials PBP seeks, Clerk
Abruzzo is bound by law to maintain the secrecy of any grand jury proceedings and records unless
and until the Court orders their release. See § 905.17(1), Fla. Stat ("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) an a), Art. 1
of the State Constitution and shall be released by the clerk only on request a 10 id jury for use
by the grand jury or on order of the court pursuant to s. 905.27.")
5. Florida's legislature emphasized the importan f t Clerk's confidentialityc
tobligations by making it "unlawful" and "criminal cont o rt" to "disclose, divulge, or
s, 'S incommunicate to any other person...in any is ver, any testimony of a witness
As,examined before the grand jury, or the confer t port thereof..." See § 905.27, Fla. Stat( se
6. Regardless of public and na S ntiment toward the subject of the grand jury
proceedings for which disclosure i lerk Abruzzo has no discretion to decide whether the
records PBP seeks can be rele Am. World Airways, Inc. v. Gregory, 96 So.2d 669, 671
(Fla. 3d DCA 1957); Fe tate, 380 So.2d 1118, 1119 (Fla. 2d DCA 1980); Overholser v.
Overstreet, 383 S 953, 54 (Fla. 3d DCA 1980).
7.%. and until ordered to do otherwise, Clerk Abruzzo is required by law to
main recy of all grand jury proceedings and records.
8. Be that as it may, Clerk Abruzzo is eager to bring this matter to a close and has no
objection to PBP's request to schedule its motion for summary judgment for a one-hour hearing at
the Court's earliest convenience, and on a day and time mutually convenient to the parties and
their counsel.
EFTA02733799
/s/Kenneth G. Turkel
Kenneth G. Turkel — FBN 867233
E-mail: [Email Redacted]
Shane B. Vogt — FBN 257620
E-mail: svogt®bajocuva.com
James C. Mooney — FBN 111668
E-mail : 'moon blocuva.com
BAJO I CUVA I I TUR10ELA
100 North Tampa Street, Suite 1900
Tampa, Florida 33602
Telephone: ([Phone Redacted]
Facsimile: ([Phone Redacted]
Attorneys for Defendant, o e..4bruzzo, as Clerk
and Comptroller of Pal ea4h County, Florida
1S 9
EFTA02733800
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of May, 2021, I caused a true and correct copy
of the foregoing to be served via the Florida Court's E-Filing Portal upon the following counsel of
record:
Stephen A. Mendelsohn
Greenberg Traurig, P.A.
401 East Las Olas Blvd., Ste. 2000
Fort Lauderdale, FL 33301
E-mails: mendelsohns®gtlaw.com
smithl©gtlaw.com
FLService®gtlaw.com
Michael J. Grygiel
Greenberg Traurig, P.A.
54 State St., 6th Floor
Albany, NY 12207
E-mail: grvaielmOgtlaw.com
Nina D. Boyajian
Greenberg Traurig, P.A.
1840 Century Park East, Ste. 1900
Los Angeles, CA 90067
E-mails: bovaiiann®gtlaw.com
riveraalAztlaw.com
Attorneys for Plaintiff C
ricSei llir
psi
A
Goes
/s/ Kenneth G. Turkel
Attorney
EFTA02733801