Court Records
Filing II 141227338 E-Filed 01/03/2022 02:11:56 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AG
CASE NO.: 50-2019-CA-014681-XXXX-MB
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.
CLERK OF THE CIRCUIT C
MOTION TO AME
Defendant, Abruzzo, in
Comptroller, Palm Beach County
Florida Rule of Civil Proced
with respect to the refere
the grand jury
states:
S SA
4OMPTROLLER'S
JUDGMENT
capacity as Clerk of the Circuit Court and
y and through undersigned counsel and pursuant to
), hereby moves to amend the Final Judgment [DE 78]
the Clerk "zealously advocated the position against disclosure of
upon grand jury secrecy and confidentiality" and in support thereof
lorida Rule of Civil Procedure 1.530(g) permits a party to file a motion to amend
a final judgment within fifteen (15) days from the issuance of the judgment. Soldatich v.
290 So. 3d 497, 500 (Fla. 4th DCA 2020) ("A motion to alter or amend the judgment shall be
served not later than 15 days after entry of the judgment...") (citing Fla. R. Civ. P. 2.530(g)); see
also PLCA Condo. Ass 'n v. AmTrust-NP SFR Venture, LLC, 182 So. 3d 668, 670 (Fla. 4th DCA
*** FILED: PALM BEACH COUNTY, FL ABRUZZO, CLERK. 01/03/2022 02:11:56 PM ***
EFTA02734424
2015) (same); Commonwealth Land Title Ins. Co. v. Freeman, 884 So. 2d 164, 168 (Fla. 2d DCA
2004) ("As a result, the Trustees' time for filing the motion pursuant to rule 1.530(g) ran from the
date of original final judgment."). The Final Judgment was entered on December 20, 2021, and
this motion is therefore timely filed.
2. The Clerk seeks to amend the Final Judgment - specifically page 3 — to reflect that
the arguments made, and the defenses taken, were not done to shield the release d jury
materials but rather to ensure that (1) the law was followed with regard ure used to
seek such records and that (2) any confidential record(s) be released of the court.
3. As the Court noted in the Final Judgment, the CI ' p on is that he is "merely
the custodian of the Materials and as such he has no real • t the issues before the court as
it,identified." Final Judgment [DE 78], p. 3. The C stated that the "clerk's role in this i nh
e Newspaper filed this action as a civil proceeding has been complicated, or expand
declaratory judgement action and
haste
fol' motion for summary judgment under Rule of
Civil Procedure 1.510" rather thaoQiltlta.8fittotion under Rule of General Practice and Judicial
Administration 2.420(j). See i
4. The Clerk tinuously maintained, notwithstanding his personal belief that in
this particular c e c jury records should be released, that under Rule of General Practice
and Procedu and Florida law, that he is required to maintain the confidentiality of grand
jury a court order. See, e.g., Clerk's Response to Plaintiff's Motion for Summary
Judgment [DE 75], p. 2 ("Several statutes enforceable through criminal penalties...forbid clerks
of Florida's circuit courts from releasing grand jury materials except...on order of the court
pursuant to s. 905.27.") (internal quotes omitted).
Page 2 of 5
EFTA02734425
real interest. Allowing such a tactic could expose a cl
hearing as - a floodgate of unnecessary litigation at 11„C‘t
its ,Clerk to advocate for the proper procedure owed when confidential records in the
possession of a clerk are sought.
t6. Clerk Abruzzo a ' e Plaintiff to the extent that releasing the records
would be of public interest dgre w d further justice especially because the records were
previously released to th ' States Government prior to him taking office in January 2021.
See id. at p. 4, n. y p ition that could be perceived to be against the release, however, was
simply due nstraints of a clerk's role as the custodian of the materials and the existing
confid uirements of the Rules of General Practice and Judicial Administration as well
as Florida law.
7. Based upon the above, the Clerk seeks to have page three of the Final Judgment
amended for the narrow purpose of clarifying that the Clerk did not advocate against disclosure of
the grand jury records, but that he was merely without authority to release the records absent a
5. As was stated in the Order, "[t]he clerk's role in this proceeding has been
complicated, or expanded, because the Newspaper filed this action as a civil declaratory judgment
action and has moved for summary judgment ... [while] the proper procedure for obtaining
disclosure of confidential court records is set forth in Florida Rule of General Practice and Judicial
administration 2.420(j), which only requires the filing of a `motion' seeking disclosure". See Final
Judgment [DE 78], p. 3. Because the Clerk was forced to take on a more coinylicated and
"expanded" role, the office had to retain counsel to defend this action. B owing a seeker of 0
grand jury records to file a lawsuit against a clerk, rather than simp
2.420(j), a clerk would be required to expend funds defendingc)
otion under Rule
rs which he or she has no
what was referred to at the
Thus, it was necessary for the
Page 3 of 5
EFTA02734426
court order. To have the Final Judgment include language that implies that the Clerk was zealously
advocating against the release of records — rather than simply that he was required to maintain the
confidentiality absent a court order — would be a mischaracterization of his position.
WHEREFORE, based upon the foregoing, Abruzzo, in his official capacity as
Clerk of the Circuit Court and Comptroller, Palm Beach County, respectfully moves this Court to
amend page three of the Final Judgment to reflect that the Clerk advocated that a er would
be necessary to release the confidential records under Rule of General and Judicial 0
Administration 2.420.
Dated: January 3, 2022
+6s
c c Respect itted,
O THE CIRCUIT COURT &
OLLER, PALM BACH COUNTY
ollin D. Esq. (FL Bar No. 1018081)
Clerk of the Circuit Court & Comptroller,
Palm Beach County
P.O. Box 229
West Palm Beach, FL
Tel.: ([Phone Redacted]
E-mail: [Email Redacted]
Page 4 of 5
EFTA02734427
CERTIFICATE OF SERVICE
I hereby certify that on January 3, 2022 the foregoing document was furnished upon the
following via the Florida ePortal System:
Stephen A. Mendelsohn
Greenberg Traurig, P.A.
401 East Las Olas Blvd., Ste. 2000
Fort Lauderdale, FL 33301
E-mails: mendelsoluts®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: wygielm®gtlaw.com
Nina D. Boyajian
Greenberg Traurig, P.A.
1840 Century Park East, Ste. 1900
Los Angeles, CA 90067
E-mails: boyajiann®gtlaw.com; *
[Email Redacted]
Attorneys for Plaintiff
CA Florida Holdings, 1,1,C
By:
Kenneth G. Turkel
Shane B. Vogt
James C. Moon
Bajo Cuva & Turkel, P
100 North Tampa Street, Su
Tampa, Florida 33602
E-mails: lcturkel®baj
svogt@bajocuva.
jmooney@bajocuv
Attorneys
Clerk
Co,
N
dam, Alma, as
oller of Palm Beach
s/ Collin D.
Collin D. Esq.
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EFTA02734428