Court Records
Filing # 165889453 E-Filed 02/01/2023 10:24:49 AM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CA FLORIDA HOLDINGS, LLC, CASE NO.: 50-2019-CA-014681-AG
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.
ORDER DENYING THE AM 1ASe AC)
T TSM N
FOR
ATTORNEYS' FEES UNDER FLO SECTION 57.105 TU °TE
CO SA
\ THIS CAUSE having come before urt September 6 and 8, 2022 on State Attorney
Dave Aronberg's November 9, 2020 otion for Attorneys' Fees Under Florida Statutes
Section 57.105, and the Court h g wed the Amended Motion, the evidence presented, and
arguments of counsel, and being d rwise fully and duly advised in the premises, it is hereby,
ORDERED D UDGED as follows:
I. e 7 Itorney Dave Aronberg's November 9, 2020 Amended Motion for
Attorneys
DENIED.
2. Under Florida Statutes Section 57.105, a court may award reasonable attorneys'
fees only if "the court finds that the losing party or the losing party's attorney knew or should have
known that a claim or defense when initially presented to the court or at any time before trial:
(a) Was not supported by the material facts necessary to establish the claim or defense; or
der Florida Statutes Section 57.105 (the "Amended Motion") is hereby
FILED: PALM BEACH COUNTY. FL, ABRUZZO. CLERK. 02/01/2023 10:24:49 AM
EFTA02735064
(b) Would not be supported by the application of then-existing law to those material facts." Fla.
Stat. § 57.105(1).
3. The Court heard the testimony of the parties and finds the testimony of Mr.
Aronberg reliable and credible, and resolves the conflicts in the testimony in favor of Mr.
Aronberg; however, the "Amended Motion" is the only motion for fees that was set for hearing,
and for reasons stated below Mr. Aronberg's motion is denied - solely on procedut7t punds.
4. The Amended Motion did not comply with the strict "safe h ice provision
of section 57.105(4), which requires the motion to be served on the n- party at least 21
days before it is filed.
5. The Court must deny the Amended Motio /Liberty Express, Inc., 252 So.
ti3d at 403 ("[1]n order to have properly complied wi 'c , 7.105, [the filing party] must have
Sfirst served the proposed motion upon the p ; s i t to sanction": "The primary purpose of e
section 57.105's safe harbor provision is row the recipient of the motion with notice and the
opportunity to withdraw or abando *v s claim before sanctions are sought.").
6. Accordingly, th 020 Motion for Attorneys' Fees is DENIED.
DONE AND O in at West Palm Beach, Palm Beach County, Florida
sozotocaopt
O ?Si
502019CAOI4681XXXXM8 Oli31 202
axycNg r a y2123 , C UIT
•O'r Luis D gar Chicoil Judge
Lads Delgado
Ora Jae
cc: All counsel of record
2
EFTA02735065