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NOT A CERTIFIED COPY Filing# 10040724 Electronically Filed 02/07/2014 02:37:06 PM JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendant, --------------------'/ IN THE CIRCUIT COURT OF THE FIFTEENTH filDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF EDWARDS' MOTION FOR RECONSIDERATION Bradley Edwards hereby files this notice of his reliance upon the additional authority attached, and would show that the attached opinion of the Fourth District Court of Appeal further evidences the Fourth District's adherence to the universally accepted recognition that claims for malicious prosecution are an exception to the litigation privilege's absolute bar of claims arising out of misconduct in the course of litigation. This opinion reflects a direct conflict between the interpretation of the scope of the litigation privilege reflected in the Third District's Wolfe decision and the Fourth District's repeated and consistent recognition of the continued viability of the tort of malicious prosecution in the context of circumstances where the litigation privilege has supported the dismissal of other accompanying claims. NOT A CERTIFIED COPY Edwards adv. Epstein Case No.: 502009CA040800:XXXXMBAG Notice of Supplemental Authority in Support of Edwards' Motion for Reconsideration Page 2 of3 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve 1r to all Counsel on the attached list, this 0 ,dayof)°:fllacy' 2014/ ~tylLL JACK SCAROLA I Florida BauNo.: 169440 I Atto 1 me~;E-Mail(s): jsx@searcylaw.com and mep@Jearcylaw.com Prp.v.ary E-Mail: eservice@searcylaw.com S&6ondary E-Mail(s): _scarolateam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 213 9 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for Bradley J. Edwards NOT A CERTIFIED COPY Edwards adv. Epstein Case No.: 502009CA040800:XXXXMBAG Notice of Supplemental Authority in Support of Edwards' Motion for Reconsideration Page 3 of3 COUNSEL LIST William Chester Brewer, Esquire wcblaw@aol.com; wcbcg@aol.com 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury, Goldberger & Weiss, P.A. 250 Australian A venue South, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Bradley J. Edwards, Esquire staff.efile@pathtojustice.com Farmer, Jaffe, Weissing, Edwards, Fistos 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Fred Haddad, Esquire Dee@FredHaddadLaw.com; Fred@FredHaddadLaw.com Fred Haddad, P.A. One Financial Plaza, Suite 2612 Fort Lauderdale, FL 33394 Phone: (954)-467-6767 Fax: (954)-467-3599 Attorneys for Jeffrey Epstein Marc S. Nurik, Esquire marc@nuriklaw.com Law Offices of Marc S. Nurik One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein Tonja Haddad Coleman, Esquire tonja@tonjal1addad.com; Debbie@Tonjahaddad.com; efiling@tonjahaddad.com Tonja Haddad, P.A. 315 SE 7th Street, Suite 301 Fort Lauderdale, FL 33301 Phone: (954)-467-1223 Fax: (954)-337-3716 Attorneys for Jeffrey Epstein NOT A CERTIFIED COPY Rushing v. Bosse, 652 So.2d 869 (1995) 63 USLW 2633, 20 Fla. L. Weekly 0583 652 So.2d 869 District Court of Appeal of Florida, Fourth District. Nancy Grace RUSHING, Terri Ruth Carter, and Robert Stanley Stone as Next Friend of Tiffany Dawn Moore, a Minor, Appellants, V. Richard E. BOSSE, Charles, R. Chilton, and Sharit, Bunn, Chilton & Holden, P.A., Appellees. No. 93-3588. J March 8, 1995. Grandparents, individually and on behalf of child who was subject of adoption proceeding, brought action against attorneys for prospective adoptive parents to recover for professional negligence, malicious prosecution, civil conspiracy, and intentional infliction of emotional distress. Attorneys moved to dismiss complaint, and the Circuit Court of Palm Beach County, Thomas E. Sholts, J., granted motion. Child and grandparents appealed, and the District Court of Appeal, Pariente, J., held that: (I) cause of action for professional negligence on behalf of adopted child against attorney who institutes private adoption proceeding does not require privity between child and attorney; (2) complaint stated cause of action for malicious prosecution on behalf of child even though child was not defendant in adoption proceeding; but (3) grandparents who were not subject of adoption proceeding and against whom proceeding was not directed could not bring malicious prosecution action; (4) violation of Rule of Judicial Administration regarding attorney's signature on pleadings and papers may not provide independent wrong supporting civil conspiracy action; and (5) attorneys' conduct did not give rise to cause of action for intentional infliction of emotional distress. Affirmed in part, reversed in part, and remanded. West Headnotes (24) )1) Appeal and Error ,;;=Extent of Review Dependent on Nature of Decision Appealed from Appeal and Error ,;;=Striking out or dismissal 121 13) 14) In reviewing propriety of dismissal of complaint, reviewing court confines its analysis to what appears within four comers of amended complaint, and must accept as true well-pleaded allegations. 1 Cases that cite this headnote Adoption <.=Adoption agencies and facilitators Adoption <:=Notice When child who is to be placed for adoption has lived with grandparent for at least six months, intermediary handling adoption is required to notify grandparent of pending adoption before petition for adoption is filed. West's F.S.A. § 63.0425(1). Attorney and Client ,;;=Duties and liabilities to adverse parties and to third persons Ordinarily, attorney's liability for legal malpractice is limited to those with whom attorney shares privity of contract; however, limited exception to privity requirement has been carved out where plaintiff is intended third-party beneficiary of attorney's actions and it is apparent intent of client to benefit third party. 4 Cases that cite this headnote Negligence ,:=Privity Although privity of contract may create duty of care providing basis for recovery in negligence, lack of privity does not necessarily foreclose liability if duty of care is otherwise established. Ne>:t © 2014 Thomson Reuters. No claim to original U.S. Government Works. 1 NOT A CERTIFIED COPY Rushing v. Bosse, 652 So.2d 869 (1995) 63 USLW 2633, 20 Fla. L. Weekly D583 [5] [6] [7] [8] Adoption {,'=Adoption agencies and facilitators Adoption ,;;=order or decree "Intermediary" represents adoptive parents and acts as intermediary for child's placement; upon entry of preliminary order of adoption, intermediary ceases to be child's guardian, adoptive parents become child's guardians, and intermediary assumes supervisory role. West's F.S.A. §§ 63.052(1), 63.085(1)(±), 63.122(1). 1 Cases that cite this headnote Adoption c::=Nature of the proceeding Adoption proceedings are unique, and in adoption proceeding intended beneficiary of proceeding is child to be adopted. 2 Cases that cite this headnote Adoption ,;;= Nature of the proceeding Adoption is civil proceeding intended to serve best interests of child. West's F.S.A. § 63.01 et seq. 1 Cases that cite this headnote Adoption (=Adoption agencies and facilitators While du