# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL tmcurr 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. Defendants. ### DEFENDANT DAVE ARONBERG'S MOTION RY FINAL JUDGMENT AND MEMORANDUM OF LAW T THEREOF CASE NO.: 19-CA A1468I O J Defendant DAVE ARONBERG, as §V saci ,o ey of Paint Beach'County, Florida, (hereinafter "Aronberg"), by and through co bekNand pursuant to Rule 1.510 Florida Rules of Civil Procedure, moves for entry of su judgment in his favor as to the remaining claim for Declaratory Relief in PlaintiErs(Eics i)ded Complaint', and in support thereof states as follows: ## STATEMENT OF THE UNDISPUTED FACTS ) . The folldwing is a statement of facts material to this niotion for summary judgment as to which there is no genu ue: - 1. t I of Plaintiff's First Amended Complaint, (hereinafter "Complaint"), filed seeks Declaratory Relief pursuant to Section 86.011, Florida Statutes. 2T Specifically, Plaintiff's Count I seeks a court order"declaring that pursuant to Fla. Stat. Section 905.27(lXc) and the Court's inherent authority, The Palm Beach Post may gain access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury" that {sup}`&#`x27; On June 8, 2020, this Court entered its Order Granting Defendants Motion to Dismiss Count II of the Plaintiff's First Amended Complaint with Prejudice. was empaneled during the first Jeffrey Epstein, (hereinafter "Epstein"), sex abuse investigation, (hereinafter "Requested Materials"). Complaint pg. 20 3. Plaintiff seeks to use the Requested Materials "for the purpose of informing the public." Id. 4. Plaintiff seeks the above-referenced declaratory relief, including copies of the Requested Materials, from both Aronberg, as State Attorney of Palm Beach Coun4164da, and ar)), Defendant, Sharon R. Bock, as Clerk and Comptroller of Palm Beach County, Florida, (hereinafter the "Clerk"). 5. Neither Aronberg nor the Office of the State Attomey for efaieenth Judicial Circuit, ("SAO"), is in control, custody, or possession of the Requested:Match:O. Aronberg Aff. ¶ 3, attached as Exhibit "A". 6. The declaratory relief sought by the Aufritiff Seeks materials that are impossible for Aronberg or the SAO to produce. Exhibit "A,T1.4. ✓ 7. Neither Aronberg nor Requested Materials. Exhibit "A" as the legal authority to obtain and/or deliver the 8. The undisputed facts set forth above in paragraphs 6-7 have been repeatedly made evident by Aronberg to the'Plaintiff and the public through not only the pleadings and correspondence v./ in this matter, b so through an office press release and Aronberg's public social media accounts. Exhibit "A either Aronberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. Exhibit "A" ¶ 7. 10. During Aronberg's administration, neither he nor his office has accessed grand jury materials from the Clerk's office in this or any other instance. Exhibit "A" ¶ 8. I 1. As provided in section 905.17(1), Florida Statutes (2020), the. Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court. Exhibit "A"1 9. # MEMORANDUM OF LAW # I. Legal Standard Governing Motions For Summary Judgment iii "The judgment sought shall be rendered forthwith if the pleadings, deposittoris,-Aswers to .4c9 interrogatories, and admissions on file together with the affidavits, if any, show that thete is no genuine 7 iii , a , issue of material fact and that the moving party is entitled to a judgment-as. watter of law." Rule 1.510, Fla. R. Civ. P. It is appropriate to resolve a declaratory action on sidnintiry judgment when, as here, the decree seeks a legal interpretation of a statute. Rahi ' v:'Glob0 Discoveries, Ltd., LLC, 252 \\,/ So. 3d 804 (Fla. 5th DCA 2018). # IL The Requested Materials Can Only Be\_kt 'fre d y The Clerk Pursuant To A Court Order .,`',. y Notably, neither Aronberg nor theS4O is control, custody, or possession of the Requested Materials. Exhibit "A" 13. Nonetheless, 045suant to Section 905.27(I)(c), Florida Statutes and the Court's inherent authority, Plaintiff see a court order declaring that Aronberg provide copies of the Requested Materials to The Paint Beach Post for the purpose of informing the public. Complaint pg. 20-21. Plaintiff is seeking declaratory relief alleging its entitlement to the Requested Materials pursuant to th. ng justice" exception to.grand jury secrecy. § 905.27, Fla. Stat. (2020). nging its declaratory relief claim pursuant to Section 905.27, Florida Statutes, "a single oT a statute should not be read in isolation." Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849, 851 (Fla. 4th DCA 2019). "Instead, 'all parts of a statute must be read together in order to achieve a consistent whole.'" Id. (quoting Forsythe v. Longboat Key Beach Erosion Control Dist, 604 So. 2d 452, 455 (Fla. 1992). Section 905.17(1), Florida Statutes makes clear that grand jury records, like the Requested Materials in this matter, are to be maintained with the Clerk, and can only be released by the Clerk pursuant to a court order. To wit: The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the St l 'e Constitution and shall be released by the clerk only on request by a grand by the grand jury or on order of the court pursuant to s. 905.27. Section 905.17(1), Florida Statutes (2020). (Emphasis added.) Text, context, and purpose are the ordinary tools used for discerning statutory meaning, with the overarching principle being "that judges lack the power to c c "Sirtie to, an unambiguous statute in a i {sup}`i` way which would extend, modify, or limit its express terms /1 able and obvious implications. To do so would be an abrogation of legislative power."" the plain language of section 905.17 is clear and unambiguous and, therefore, contro . w:tz v. Plantation Gen. Hosp. Ltd. P'ship, 959 So. 2d 176, 182 (Fla. 2007). Accordingly, based on the cl guous statutory language set forth in section 905.17(1), only the Clerk, not the State tomey, ay release grand jury materials pursuant to an order of the court. Thus, it is appare t that Aroltherg and the SAO lack the legal authority to obtain and deliver the Requested Materia Exhbit 'A" 1 5. Likewise, the declaratory relief sought by the Plaintiff seeks materials tha i Bible for Aronberg or the SAO to produce. Exhibit "A" 1 4. Again, the clerk has sot y d possession of the Requested Materials. These facts have been repeatedly made eviden Aronberg to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and Aronberg's public social media accounts. Exhibit "A" ¶ 6. . Although the above-referenced statutory authority illuminates the fact that only the Clerk may release grand jury records like the Requested Materials herein, it remains significant to note that neither Aronberg nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. Exhibit "A" ¶ 7. Hence, during Aronberg's administration, neither he nor his office has accessed grand jury materials from the Clerk's office in this or any other instance. Exhibit "A" ¶ 8. # III. Conclusion Ili ii The ultimate facts underlying the lawsuit are not in dispute. The Court is fully empowered to dispose of this matter based on application of the undisputed facts to the pla of Section 905.17, Florida Statutes, which renders the Plaintiff's action for declarato impossibility for Aronberg to perform and that must be denied as a matter of law. WHEREFORE, Defendant, DAVE ARONBERG, as a ey of Palm Beach County, Florida, respectfully requests that this motion be granted \ d mmary final judgment be entered in his favor consistent with this Motion, and here cti ectfu v. ly requests that this Court dismiss the Complaint with prejudice and grant such oth ef, i uding attorney's fees and costs, as this Court deems fit and proper under the circumstances. ## fERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 18th day of August, 2020, a copy of the foregoing has been electronically filed with the Florida E-File Portal for e arties of record herein. OLZ & WYLER, LLC /s/ 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: jacobsscholalaw@comcast.net NOT A CERTIFIED COPY **EXHIBIT “A”** NOTA 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. CASE NO.: 19-CA-014681 Apattc; DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida. Defendants. ### AFFIDAVIT OF DAVID ARONBER STATE OF FLORIDA . COUNTY OF PALM BEACH Before me, the undersigned authority personally appekfrectiDA ARONBERG, being first duly sworn, states: C - I. My name is David (Dave) Arenberg, and I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County, Florida, since 2013, and a Defendant in the above-captioned matter. . - 2. Plaintiff is seeking declaratory relief, pursuant to Fla. Stat. 905.21(I Xc) and the Court's inherent authority, allowing PI intiffaccesis to the testimony, minutes, and other evidence presented in {sup}`2006` to the Palm Beach County d j ry, (the "Requested Materials"), and to use those materials for the purpose of informing the public. - 3. Despite aintiff's above-described action for declaratory relief, neither myself nor the Office of the Mete An y for the Fifteenth Judicial Circuit, ("SAO"), is in control, custody, or possession of the Rsatested Materials. - 4. ``i As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible for office to produce. - 5. To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials. - 6. I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and my public social media accounts:.. ...- .. .. • - - - - 7. Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded. 8. Moreover, during my administration, neither myself nor my office has accessed grand jury materials from the Clerk's office in this or any other instance. 9. As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court. FURTHER AFFIANT SAYETH NAUGHT. By: STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me this 30{sup}`th` day of July, 2020, by DAVID ARONBERG, who is personally known to me or has shown \_\_\_\_\_ as personal identification. Notary Public Notary's Stamp or Seal LATOSHALOWE-GOODE Commission # GG 967813 Expires May 28, 2024 Rendered This Budget Notary Rendered