Kimmelman: “I Apologize to the Court”

NED KIMMELMAN STATES IN RESPONSE BRIEF TO JUDGE "I APOLOGIZE TO THE COURT" AFTER IT SURFACED HE VIOLATED ADMINISTRATIVE ORDER OF PALM BEACH COUNTY CIRCUIT COURT

Last week Save Boca fought back against Ned Kimmelman's flawed lawsuit by filing an Emergency Motion to Intervene and Transfer the Case back to the original judge to whom the case was assigned.  Kimmelman had filed the case once, dismissed it, and refiled it for a second time with a different judge and division of the court and did not advise the court of the original case, violating Administrative Order 2.302(B).

Administrative Order 2.302(B) of the Palm Beach County Circuit Court states, “When a case is voluntarily dismissed and is subsequently refiled, the newly-filed action shall be assigned to the division of court in which the original action was assigned.  It is the duty of the attorney or the party refiling the action to advise the clerk of the prior voluntary dismissal.”  

On October 6th, Kimmelman filed the original case against Save Boca and it was assigned to Judge Jamie Goodman in the AD division of the court.  Kimmelman dismissed the original case on October 15th and then refiled the same case on October 31st, which was assigned to a different judge and division: Judge Joseph Curley and Division AI of the court. 

Not only did Kimmelman not advise the court of the original case as required by the administrative order, but on the Civil Cover Sheet of the second filing in response to the question “Has Notice of Any Known Related Case Been Filed?”, Kimmelman checked off the “No” box.

After reviewing Save Boca’s Motion to Intervene and Transfer the Case, which brought to light Kimmelman's violations of the court, Judge Curley gave Kimmelman a short three (3) business days to provide a response.  On Wednesday, Kimmelman filed his response in which he stated: “I apologize to the Court” for the violation.

The above is an excerpt from Kimmelman's response brief in which he states "I apologize to the Court" for violating the administrative order by not informing the court of the original case.

In light of the recent violations that have surfaced, Save Boca is confident about our current position in the case and will continue to fight for the 12,900 signed petitions until we win the case. 

Save Boca will not stop fighting until the Charter and Ordinance amendments to protect our parks and public land are voted on by the citizens and passed into law and the future of our city is secured.