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. CASE NO.: 19-CA-014681¶
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON It BOCK, as Clerk and Comptroller of Palm 4164’ Beach County, Florida.¶
Defendants.¶
C.) MOTION TO DISMISS¶
Defendant, DAVE ARONBERG, as State Attorney (4 c a , each County, Florida, by and through the undersigned counsel, hereby files this Motio lit.Nlic i i e Plaintiffs Complaint for failure to state a cause of action, and in support thereof states:¶
MOITON T . It t. , i STANDARD¶
When confronted with a motion,to dismiss; the Court must determine whether the Complaint as phrased within its four corners suffidiently states a cause of action, whereby relief can be granted. Fox v. Professional Wrecker Operations 801 So. 2d 175, 178 (Fla. 5th DCA 2001). A motion to dismiss tests whether the plaintiff has sta a cause of action. The test for a motion to dismiss under Florida Rule of Civil Procedure 1 is ether the pleader could prove any set of facts as alleged in the Complaint to support his o m. $..tv., Connolly v. Sebeco. Inc 89 So. 2d 482, 484 (Fla. 1956).Wasua Ins. Co. v Ha 2d 1123 (Fla. 4th DCA 1996).¶
In rder to meet this test, “a complaint must allege sufficient ultimate facts to show that a pleader is entitled to relief.” W.R. Townsend Contr. Inc v. Jensen Civ. Constr.. Inc. 728 So. 2d 297, 300 (Fla. 1st DCA 1999) (quoting IM v. Cosgrove, 464 So. 2d 664, 665 (Fla. 2d DCA 1985); Fla. R. Civ. P. 1.110(b)). The court need not accept internally inconsistent factual claims, conclusory allegations, unwanuited deductions, or mere legal conclusions made by a party. 14. (citing Response Oncology. Inc.¶
of action upon which to initiate a valid law suit. Plaintiff attempts to assert a cause of action, in the interest of “furtherin Statute § 905.27; however, a review of the statute in question reveals that for therein and consequently Plaintiff’s Complaint must be dismissed A ”, under Florida action is provided ter of law. Despite Plaintiff’s extensive recitation of the factual background regardi a Epstein and the testimony and evidence presented to the 2006 grand jury in Palm Beach ’ o lorida, Fla. Stat. § 905.27, merely explains the exceptions to the disclosure of grand j u \to and does not set forth in any way a cause¶
Moreover, a review of the statu provided a basis for a cause of act’ pertinent part, Fla. Stat. § 905.27( clearly indicates that even if § 905.27, Fla. Stat. is barred from access to the records it seeks. To wit, in¶
v. Metrahealth Insurance Co., 978 F. Supp. 1052, 1058 (S.D. Fla. 1997)); Oxford Asset Mgmt. v. Jaharis 297 F.3d 1182, 1188 (11th Cir. 2002) (“[On a motion to dismiss,] the plaintiff’s factual allegations are accepted as true… However, legal conclusions masquerading as facts will not prevent dismissal.”). To avoid dismissal, a pleading “must allege a cause of action recognized under law” against the defending parry. ICislak v. Kreedian, 95 So. 2d 510, 514 (Fla. 1957).¶
COUNT I (Florida Statutes Section 905.27)¶
When such disclos ered by a court pursuant to subsection (I) for use in a civil case, it may be disci to all parties to the case and to their attorneys and by the latter to their legal associat and employees. However the grand jury testimony afforded such persons th curt can only be used in the defense or prosecution of the civil or crimi Ito and for no other purpose whatsoever.¶
k spite the clear statutory guidelines for disclosure of grand jury materials in a civil case, Plaintiff is Improperly seeking the requested 2006 grand jury materials for the purposes of public disclosure pursuant to the court’s inherent authority and supervisory powers over the grand jury. [See, Complaint ¶’ 8, 62]. Again, even if Plaintiff properly asserted a cause of action under Fla. Stat. 905.27, the statute unambiguously states that grand jury testimony “can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever”, which is distinctly different from electronically filed with the Florida E-File Portal for e-service I HEREBY CERTIFY that on this 6th day of December, 2 cl i) copy of the foregoing has been es of record herein.¶
Plaintiff’s intended purpose for public disclosure of the grand jury evidence. Fla. Stat. § 905.27(2). Finally, it is significant to note that despite Plaintiff’s allegations to the contrary, Defendant Aronberg is not in custody or control of the records sought and is therefore not a proper party to this action.¶
WHEREFORE, based on the foregoing argument and supporting authority, Defendant, DAVE ARONBERG, as State Attorney of Palm Beach County, Florida, respectfully requests that this Honorable Court grant the instant Motion and dismiss Plaintiff’s Complaint with prejudice, and Defendant Aronberg all other and further relief deemed just and proper, including attorney’ an costs for defending this frivolous action.¶
CERTIFICATE OF SERVICE¶
HOLZ & WYLER, LLC¶
k¶
% ic Douglas A. Wyler¶
Arthur I. =, Esq. 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 (904) 261-3693 (904) 261-7879 Fax Primary: jacobsscholzlaw@comcast.net¶
General Counsel for the Florida Prosecuting Attorney’s Association¶