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 A1SeAC) T TSMN FOR ATTORNEYS' FEES UNDER FLO TU °TE SECTION 57.105
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

(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. 3d at 403 ("[1]n order to have properly complied wi ti'c, 7.105, [the filing party] must have first served the proposed motion upon the p ;s Si e t to sanction": "The primary purpose of 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



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cc: All counsel of record