EFTA00231917

Page 11 of 11 
769 So.2d 389 
769 So.2d 389, 24 Fla. L. Weekly D2439 
(Cite as: 769 So.2d 389) 
See also59 Am.Jur.2d Parties 
7 (1987)(The word 
party or parties "designates the opposing litigants in 
a judicial proceeding-the persons seeking to estab-
lish a right and those upon whom it is sought to im-
pose a corresponding duty or liability ..."). Under 
this definition the guardian in this case is not a 
party. Accordingly, the guardian is a "party" in this 
judicial proceeding only because the legislature has 
made her such. Because this status is created by 
statute it can be defined by statute, and the statutes 
in question do just that. The legislature first chose 
to limit the guardian's role as a "party" by forbid-
ding her from acting in a certain way, i.e. as an ad-
vocate for the child. Next, in section 61.403(2), (3), 
and (6), the legislature required the guardian to pe-
tition the court and file pleadings only through 
counsel-a "true" party could do so pro se. Finally, 
the guardian does not become a party at the incep-
tion of the litigation or because she has a personal 
interest, she attains that status by judicial appoint-
ment and retains her identity as such only until dis-
charged by the judge. Thus, although the legislature 
has created this special class of "party," it has also 
defined its limitations. As I read the statute, the 
guardian does not have a party's right to file plead-
ings in this Court because this will, mandatorily, re-
quire her to become an advocate. 
The majority correctly observes that there is no role 
for the guardian to play in this Court because all 
factual issues and determinations have been filly 
developed below. This Court is in a position to read 
the record of the lower court, which contains all of 
the guardian's contributions to this lawsuit. A brief 
review of that record indicates that the guardian's 
position is the same as that of the father in this case 
and has been repeatedly and zealously expressed in 
both the lower court and this *397 Court. Indeed, 
the father relies heavily on the recommendations of 
the guardian. The guardian's presence in this appel-
late proceeding is therefore superfluous. 
I do acknowledge that in certain cases the guardian 
may serve a valuable role on appeal. Usually, the 
guardian's recommendations will bolster the legal 
Page 10 
position of one of the parents. There are extraordin-
ary cases, however, where the guardian's conclu-
sions could be detrimental to both parents. I refer 
specifically to cases which contain issues concern-
ing the parents' mental and emotional stability and 
cases involving domestic violence and/or child ab-
use. In such cases, a guardian could recommend 
that neither parent be awarded custody or that cus-
tody should be predicated upon a particular parent's 
participation in some type of psychological coun-
seling. These cases may call for a guardian to file a 
brief in an appeal and this Court has the authority. 
which the majority has chosen to exercise in this 
case, to allow the guardian to appear as amicus 
curiae pursuant to rule 9.370 of the Florida Rules of 
Appellate Procedure. "r I do not believe that this 
appeal calls for the guardian's participation. 
F1413. Even under these circumstances the 
guardian must seek leave of court to hire 
counsel. I join the majority in its conclu-
sion that the guardian's sua sponse decision 
to hire counsel in this case, presumably at 
the expense of the parties, was highly im-
ProPer-
Fla.App. 3 Dist..1999. 
Perez v. Perez 
769 So.2d 389,24 Fla. L. Weekly D2439 
END OF DOCUMENT 
Q 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. 
http://web2.westlaw.com/print/printstream.aspx?pr11-HTMLE8cifm=NotSettcdestination--... 6/25/2009 
EFTA00232457

16 
' a t 
Irt il 
EFTA00232458

IN THE CIRCUIT COURT OF THE FIFTEENTH 
JUDICIAL CIRCUIT, IN AND FOR PALM BEACH 
COUNTY, FLORIDA 
CRIMINAL DIVISION "W" 
CASE NO. 502008CF0093811=MB 
502006CF009454AXXMB 
STATE OF FLORIDA, 
vs. 
JEFFREY EPSTEIN, 
Defendant 
ORDER 
THIS MATTER came before the Court on the following: 
a) 
Non-party M.'s Motion to Vacate Order Sealing Records and Unseal 
Records 
b) 
Palm Beach Post's Motions to Intervene and Petition for Access 
M.'s Motions to Intervene and for an Order to Unseal Records 
d) 
Jeffrey Epstein's Motion to Make Court Records Confidential 
A hearing was conducted on these matters on June 25, 2009. The Court notes that 
Mr. Goldberger, Esq. and Mr. Critton, Esq. were present on behalf of Jeffrey Epstein. Ms. 
Shullman, Esq. was present on behalf of the Palm Beach Post, Mr. Berger, Esq. and Mr. 
Edwards, Esq. were present on behalf of M., Mr. Kuvin, Esq. was present on behalf of 
Assistant State-Attorney Barbara Burns-was present on behalf-of-the State-of Florida. No 
appearance was filed on behalf of the United States. After giving an opportunity for all 
parties to be heard, the Court finds as follows: 
EFTA00232459

Page Two 
Case No. 502008CF009381100018/502006CF009454AXXMB 
1. 
The State of Florida charged the Defendant, Jeffrey Epstein, with Felony 
Solicitation of Prostitution. 
2. 
The State of Florida and Mr. Epstein came to a negotiated resolution of the 
charges. Part of that resolution included an agreement entered into 
between Mr. Epstein and the United States. At the plea conference in 
State court Mr. Epstein plead guilty to the State charges. At the plea 
conference the agreement between Mr. Epstein and the United States were 
made part of this Court's record. The agreement was sealed in two 
separate filings. At the time the State court took these matters under seal, 
the proper procedure for sealing such documents had not been followed. 
The June 25th hearing was to give Mr. Epstein, the State, and/or the 
United States an opportunity to comply with the well-defined and narrow 
parameters for sealing such documents. 
After hearing argument of 
counsel, the Court makes the following findings and rulings: 
1) 
Neither the State of Florida nor the U.S. Government nor Mr. Epstein have 
presented sufficient evidence to warrant the sealing of documents 
currently held by the Court. 
 
 2) 
The Motions taseal thetourt records are denied. 
3) 
The Motions to intervene are granted. 
4) 
The Motion to unseal the documents is granted. 
EFTA00232460

day of June, 2009. 
Copies furnished: 
R. Alexander Acosta, U.S. Attorney's Office - Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, FL 33401 
Barbara Burns, Esq., State Attorney's Office 
401 North Dixie Highway 
West Palm Beach, FL 33401 
William J. Berger, Esq. 
Bradley 1. Edwards, Esq. 
Rothstein Rosenfeldt Adler 
401 East Las Olas Boulevard., Suite 1650 
Ft. Lauderdale, FL 33394
Robert D. Critton, Esq. 
Burman, Critton, Luttier & Coleman 
515 North Flagler Drive, Suite 400 
West Palm Beach, FL 33401 
Page Three 
Case No. 502008CF009381AXXM8/502006CF009454AXXMB 
5) 
The originals will not be disdosed, however the undersigned will do an in-
camera inspection and redact the names of the underage victims, if any, 
so their identity will be indicated by their initials. 
6) 
This Order is in no way to be interpreted as permission to not comply with 
U.S. District Court Kenneth Marra's previous Orders. 
7) 
The disdosure of the sealed documents shall be stayed at least until June 
26, 2009, at 9:00 a.m., at which time the Court will hear "Epstein's Motion 
to Stay Disclosure of Non-Prosecution Agreement and Addendum Pending 
Review". 
DONE AND ORDERED in West Palm Beach, Palm Bea 
40 
ounty, Florida this 
EFTA00232461

Page Four 
Case No. S02008CF009381AXXMB/502006CF0094S4AXXMB 
Jack A. Goldberger, Esq. 
Atterbury, Goldberger & Weiss, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, FL 33401 
Spencer T. Kuvin, Esq. 
Leopold-Kuvin, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Deanna K. Shullman, Esq. 
P. O. Box 2602 
Tampa, FL 33602 
EFTA00232462

LE GAL 
RECYCLED PAPER 
TO REORDER CALF 
EFTA00232463

IN THE CIRCUIT COURT OF THE FIFTEENTH 
JUDICIAL CIRCUIT, IN AND FOR PALM BEACH 
COUNTY, FLORIDA 
CRIMINAL DIVISION "W" 
CASE NO. 502008CF009381AVMB 
502006CF009454AXXMB 
STATE OF FLORIDA, 
vs. 
JEFFREY EPSTEIN, 
Defendant 
ORDER DENYING MOTION TO STAY DISCLOSURE AGREEMENT 
THIS MATTER came before the Court at a hearing on June 26, 2009, on Jeffrey 
Epstein's Motion to Stay the Disclosure of the Non-Prosecution .Agreement and the Addendum 
thereto. The Court notes the parties were present and represented by counsel. Based upon 
argument, it is 
ORDERED AND ADJUDGED that 
1. 
The Motion to Stay is denied. 
2. 
The Clerk of Court shall make the documents available for disclosure at 
noon on Thursday, July 2, 2009. It is the intent of the Court to give the 
Defendant, Mr. Epstein, and his attorney an opportunity to have this 
Court's orders reviewed by the 4t" DCA. If the Clerk gets no direction from 
the Appellate Court, she shall disclose the documents on the date referred 
-- -
to above. 
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this 
day of lune, 20O9. 
SIG ECTOVKTED
JUN 2 6 2009 
JEFFREY J. CO 
EvIEHEFFR EY J. COL8ATH
Circuit Court Judge --------, 
EFTA00232464

Page Two 
Case No. 502008CF009381AXXMB/502006CF009454A10(MB 
Order Denying Motion to Stay Disclosure Agreement 
Copies furnished: 
R. Alexander Acosta, U.S. Attorney's Office - Southern District 
500 South Australian Avenue, Sulte 400 
West Palm Beach, FL 33401 
Barbara Burns, Esq., State Attorney's Office 
401 North Dixie Highway 
West Palm Beach, FL 33401 
William J. Berger, Esq. 
Bradley J. Edwards, Esq. 
Rothstein Rosenfeldt Adler 
401 East Las Olas Boulevard., Suite 1650 
Ft. Lauderdale, FL 33394 
Robert D. Critton, Esq. 
Burman, Critton, Lauer & Coleman 
515 North Flagler Drive, Sulte 400 
West Palm Beach, FL 33401 
Jack A. Goldberger, Esq. 
Atterbury, Goldberger & Weiss, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, FL 33401 
Spencer T. Kuvin, Esq. 
Leopold-Kuvin, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Deanna K. Shullman, Esq. 
P. 0. Box 2602 
Tampa, FL 33602 
EFTA00232465

..,:s•• RECYCLED PAPER 
TO REORDER CALL 954446-9399 
I- 1
CO 
EFTA00232466

1 
1 
IN THE CIRCUIT COURT OF THE 
FIFTEENTH JUDICIAL CIRCUIT 
2 
IN AND FOR PALM BEACH COUNTY, FLORIDA 
CRIMINAL DIVISION 
3 
STATE OF FLORIDA 
) 
4 
) 
vs. 
) CASE No. 2008CF009381AXX 
5 
) 
JEFFREY EPSTEIN, 
) 
6 
) 
CERTIFIED COPY 
Defendant. 
) 
7 
) 
8 
PROCEEDINGS BEFORE THE COURT 
9 
PRESIDING: HONORABLE JEFFREY COLBATH 
10 
APPEARANCES: 
11 
ON BEHALF OF THE STATE: 
12 
BARRY E. KRISCHER, ESQUIRE 
State Attorney 
13 
401 North Dixie Highway 
West Palm Beach, Florida 33401 
14 
By: 
BARBARA BURNS, ESQUIRE 
Assistant State Attorney 
15 
ON BEHALF OF THE DEFENDANT: 
16 
JACK GOLDBERGER, ESQUIRE 
250 S Australian Ave Ste 1400 
17 
West Palm Beach, Florida 33401 
And 
18 
ROBERT CRITTON, ESQUIRE 
515 N Flagler Dr Ste 400 
19 
West Palm Beach, Florida 33401 
20 
ON BEHALF OF THE PALM BEACH POST: 
DEANNA SHULLMAN, ESQUIRE 
21 
LoCicero & Bralow 
101 N.E. 3rd Avenue - Ste 1500 
22 
Fort Lauderdale, Florida 33301 
23 
ON BEHALF OF EW, THE INTERVENER: 
WILLIAM J. BERGER, ESQUIRE 
24 
BRAD EDWARDS, ESQUIRE 
225 NE Mizner Blvd Ste 675 
25 
Boca Raton, Florida 33432 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232467

2 
1 
ON BEHALF OF EB, 
MOTION INTERVENER'S PLEADING: 
2 
SPENCER KUVIN, ESQUIRE 
2925 PGA Blvd Ste 200 
3 
Palm Beach Gardens, Florida 33410 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
June 25, 2009 
24 
Palm Beach County Courthouse 
West Palm Beach, Florida 33401 
25 
Beginning at 1:50 o'clock, p.m. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232468

3 
1 
BE IT REMEMBERED that the following 
2 
proceedings were had in the above-entitled cause 
3 
before the HONORABLE JEFFREY COLBATH, one of the 
4 
judges of the aforesaid court, at the Palm Beach 
5 
County Courthouse, located in the City of West 
6 
Palm Beach, State of Florida on June 25, 2009 
7 
beginning at 1:50 o'clock, p.m. with appearances 
8 
as hereinbefore noted, to wit: 
9 
THEREUPON: 
10 
THE COURT: Let me call up the case 
11 
of the state of Florida versus Jeffrey 
12 
Epstein. Let me have counsel announce 
13 
their appearances for the record. 
14 
MS. SHULLMAN: Deanna Shullman of 
15 
LoCicero & Bralow on behalf of the 
16 
Palm Beach Post. 
17 
THE COURT: Ms. Shullman, nice to see 
18 
you again, good morning. 
19 
MS. SHULLMAN: You too. 
20 
MR. GERBER: William J. Berger for 
21 
EW, the intervener. 
22 
MR. EDWARDS: Brad Edwards also on 
23 
behalf of the EW. 
24 
MR. KUVIN: Spencer Kuvin on behalf 
25 
of EB, motion intervener's pleading. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232469

4 
1 
MR. GOLDBERGER: Good afternoon, 
2 
Judge, Jack Goldberger and Robert Critton 
3 
on behalf of Jeffrey Epstein. 
4 
THE COURT: And I'm guessing that, 
5 
Mr. Kuvin, if I grant the motion to unseal 
6 
that which has been sealed, your motion to 
7 
intervene will be moot. 
8 
MR. KUVIN: Will be. 
9 
THE COURT: I thought so. This is 
10 
what I'm thinking and -- oh, we've got 
11 
more. 
12 
MS. BURNS: One more appearance, 
13 
excuse me, Judge, Barbara Burns on behalf 
14 
of the state of Florida, the state 
15 
attorney's office of the 15th Judicial 
16 
Circuit. 
17 
THE COURT: All right. Procedurally, 
18 
I think the way that this came to us is 
19 
that at the conclusion or at some point 
20 
during a plea conference between the state 
21 
of Florida and Mr. Epstein, the state and 
22 
the defense hand an agreed order to 
23 
Judge Puccillo. 
24 
MS. BURNS: Puccillo. 
25 
THE COURT: And asked her to sign an 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232470

5 
1 
2 
3 
4 
5 
6 
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8 
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10 
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14 
15 
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24 
25 
agreement to seal some portion of some 
documents, which she signed off on and now 
it is the intervener's and the Post's 
motion to unseal those documents; is that 
kind of procedurally where we are? 
MR. GOLDBERGER: Procedurally not 
exactly correct, I don't know if you want 
me to clarify that. 
THE COURT: Please do. 
MR. GOLDBERGER: Your Honor, this 
started during the course of a plea 
colloquy in Mr. Epstein's state proceeding 
before Judge Puccillo, who is a retired 
senior judge who was filling in for 
Judge McSorley on that day, who was the 
judge assigned to this division. It was a 
plea agreement with the state attorney's 
office and it is normal and consistent with 
any plea colloquy Judge Puccillo asked the 
defense whether there were any other 
promises or inducements for Mr. Epstein to 
enter into his plea agreement other than 
what was contained in the state standard 
plea agreement that we had. 
I felt 
obligated under the circumstances to alert 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232471

6 
1 
to the Court that there was a confidential 
2 
agreement between Mr. Epstein's 
3 
Mr. Epstein's attorneys and the United 
4 
States attorney's office for the Southern 
5 
District of Florida which would have been 
6 
triggered upon the successful taking of the 
7 
plea by Judge Puccillo. 
8 
In other words, if the plea was 
9 
accepted by Judge Puccillo, there's a 
10 
confidential agreement between U.S. 
11 
attorney's office and the defense that 
12 
would be triggered and they would agree not 
13 
to take some actions against Mr. Epstein. 
14 
I advised Judge Puccillo of that, and at 
15 
that time she said she would like to see 
16 
the matter sealed in the court file. I 
17 
said fine, and then we later -- I then 
18 
filed that document, and the clerk's office 
19 
notified me and said we need an order 
20 
sealing this, and we submitted an order to 
21 
seal the document. 
22 
THE COURT: All right. Is there 
23 
anybody here from the U.S. attorney's 
24 
office? Has anybody notified them, or is 
25 
there a dog in this fight or do they care? 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232472

7 
1 
If they're a party to this confidential 
2 
thing, wouldn't you think that they might 
3 
be. 
4 
MR. GOLDBERGER: Your Honor, they 
5 
have been noticed. They have taken a 
6 
position in parallel proceedings that this 
7 
matter should remain confidential, and they 
8 
have done that in federal court, and I 
9 
believe that is their position still. 
10 
MR. EDWARDS: Your Honor, I have been 
11 
in communication with the U.S. attorney's 
12 
office, and they are not taking a position 
13 
on this issue, which is why they're not in 
14 
court right now. 
15 
THE COURT: What's going on in 
16 
federal court? 
17 
MR. GOLDBERGER: There are a number 
18 
of civil cases that are pending right now. 
19 
THE COURT: And they're talking about 
20 
the same documents that are under seal here 
21 
in our court? 
22 
MR. EDWARDS: Yes. 
23 
MR. GOLDBERGER: Yes, your Honor, and 
24 
I will address that at the appropriate time 
25 
what's going on here. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232473

8 
1 
THE COURT: All right. So thank you, 
2 
Mr. Goldberger for getting that 
3 
straightened out. 
4 
MR. GERBER: Judge, just to clarify 
5 
one other point. 
6 
THE COURT: Sure. 
7 
MR. GERBER: I think actually there's 
8 
an additional step because Mr. Goldberger 
9 
on behalf of Mr. Epstein or Mr. Critton I 
10 
believe filed motion, and I think that that 
11 
will tell us who goes first today and who 
12 
has the burden today. 
13 
THE COURT: This is -- and I'm 
14 
thinking outloud that my take on that is 
15 
that my review of the file shows that the 
16 
appropriate steps to seal these documents 
17 
wasn't followed initially. I'm looking at 
18 
it as it would be whoever's moving to have 
19 
them sealed, it's their burden to prove the 
20 
steps that you have to prove to get things 
21 
sealed by the Court, and so that's -- I 
22 
hinted last meeting that we all had 
23 
together but that's where I'd go, so I'd 
24 
shift the burden over to the federal 
25 
government and to Mr. Epstein, that's what 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232474

9 
1 
I'm thinking. Let me ask first go over to 
2 
the Post, Ms. Shullman, what are your 
3 
thoughts on that procedure? 
4 
MS. SHULLMAN: Your Honor, I think 
5 
that's the correct procedure here. I think 
6 
Mr. Epstein's motion to make court records 
7 
confidential tacitly admits what we 
8 
suspected last time, which was that the 
9 
initial closure of the documents was not 
10 
done pursuant to the acceptable procedures. 
11 
THE COURT: All right. Mr. Berger, 
12 
Mr. Edwards, that's all right with you? 
13 
MR. EDWARDS: We agree. 
14 
MR. GERBER: That's what my point 
15 
was, yes, your Honor, thank you. 
16 
THE COURT: Mr. Goldberger, what do 
17 
you think? 
18 
MR. GOLDBERGER: That's fine, your 
19 
Honor, with the -- I'll wait until after 
20 
the proceeding. 
21 
THE COURT: All right. You may 
22 
proceed. 
23 
MR. GOLDBERGER: Judge, as I said to 
24 
clarify the record, this matter started 
25 
during the course of Mr. Epstein's plea 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232475

10 
1 
colloquy in state court and just so that 
2 
the record was clear that all inducements 
3 
for Mr. Epstein's plea was on the record 
4 
when Judge Puccillo asked me if there had 
5 
been any promises made to Mr. Epstein, I 
6 
think properly and ethically we told the 
7 
Court that there was an agreed --
8 
confidential agreement with the federal 
9 
government that was in place that basically 
10 
said we will not prosecute Mr. Epstein for 
11 
federal offenses if the state plea 
12 
agreement is accepted by the Court and 
13 
Mr. Epstein's sentence is imposed. 
14 
The state proceeding was over at the 
15 
time that I advised Judge Puccillo that, in 
16 
other words, we had gone through the plea 
17 
colloquy and I simply was advising her of 
18 
this other agreement. It was 
19 
Judge Puccillo who then asked us to 
20 
approach, and the Court has a copy of that 
21 
transcript, I believe. It was 
22 
Judge Puccillo that said I'd like to have 
23 
that document sealed in the court file, and 
24 
I acquiesced to that, I said that's fine. 
25 
So, first, as a preliminary matter, 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00232476