IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶
DAVE ARONGBERG, as State Attorney of Palm Beach County, Florida,¶
Appellant,¶
v.¶
CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST,¶
Appellee.¶
CASE NO.: 50-2019-CA-014681-AG¶
NOTICE OF APPEAL¶
NOTICE IS GIVEN that Appellant, DAVE ARONG County, Florida, appeals to the Fourth District Court of Ap January 31, 2023. The nature of the Final Order is the Attorneys’ Fees under Florida Statutes Section 57.105. tate Attorney of Palm Beach I Order of this Court rendered Aronberg’s Amended Motion for A” attached hereto.¶
ERTIFIC VICE¶
I HEREBY CERTIFY that on thi electronically filed with the Florida E-File of March, 2023, a copy of the foregoing was c-service on the parties of record herein.¶
C” )¶
A S” h.)¶
SCHOLZ & WYLER, LLC¶
Is/ Douglas A. Wyler¶
Arthur I. Esq. Fla. Bar No.: 108249 Richard J. Scholz, Esq. Fla. Bar No.: 0021261 Douglas A. Wyler, Esq. Fla. Bar No.: 119979 961687 Gateway Blvd., Suite 201-I Fernandina Beach, FL 32034 (904) 261-3693 (904) 261-7879 Fax Primary: filings@jswflorida.com Secondary: doug@jswflorida.com¶
Attorneys for Appellant¶
EXHIBIT “A”¶
NOT A CERTIFIED COPY¶
EXHIBIT “A”¶
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.¶
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida,¶
CASE NO.: 50-2019-CA-014681-AG¶
CO SA¶
ACQCOTsIO SECTION FORIO ORDER DENYING THE AMi, ATTORNEYS’ FEES UNDER FLO \ “STT TUTE N 57.105¶
Defendants.¶
THIS CAUSE having come before Dave Aronberg’s November 9, 2020 Section 57.105, and the Court h C ildg arguments of counsel, and being rwise fully and duly advised in the premises, it is hereby, hurt September 6 and 8, 2022 on State Attorney r otion for Attorneys’ Fees Under Florida Statutes wed the Amended Motion, the evidence presented, and¶
ORDERED DD UDGED as follows:¶
- I. orney Dave Aronberg’s November 9, 2020 Amended Motion for Attorneys DENIED.
-
- 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).¶
-
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.
-
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.
-
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.”).
-
Accordingly, th 020 Motion for Attorneys’ Fees is DENIED.
DONE AND O in at West Palm Beach, Palm Beach County, Florida¶
O ?Si¶
502019CAOI4681XXXXM8 Oli31 202 Lads Delgado Ora Jae¶
cc: All counsel of record¶