Instr# 116329587 , Page 1 of 6, Recorded 02/04/2020 at 04:25 PM Broward County Commission Filing # 102709437 E-Filed 02/04/2020 11:57:37 AM THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA FLORIDA CARRY, INC, CASE NO, CACE-14-008532 (14) Plaintiff, v, BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida Defendant, NOTICE OF APPEAL NOTICE IS GIVEN that, Defendant Broward County, appeals to the Fourth District Court of Appeal the final summary judgment order of this Court, rendered on January 9, 2020. The nature of this final summary judgment order is on Defendant Broward County's Motion for Summary Judgment and Plaintiff's Cross Motion Summary Judgment entered after a hearing on the merits. A conformed copy of the final judgment being appealed is attached. The Fourth District Court of Appeal has jurisdiction over this matter pursuant to Rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure. Dated: February 4, 2020 Respectfully submitted, Andrew J. Meyers Broward County Atlomey 115 8. Andrews Avenue, Suite 423 Fort Lauderdale, FL 33301 Telephone: (954) 357-7600 Facsimile: (954) 357-7641 By: // Rocio Blanco Garcia Rocio Blanco Garcia, Florida Bar No. 99582 E-mail: rblancogarcia@broward.org Counsel for Broward County *** FILED: BROWARD COUNTY, L BRENDA D, FORMAN, CLERK 02/04/2020 11:57:36 AM.*#**Instr# 116329587 , Page 2 of 6 CERTIFICATE OF SERVICE 1 HEREBY CEI TIFY that on this 4" day of February, 2020, | electronically filed a true and correct copy of the foregoing document and that service was performed via an email generated by the Florida Courts e-Filing Portal to counsel for Plaintiff, Michael T. Davis, email to mdavis@kuehnelaw.com and efiling@kuehnelaw.com and Benedict P. Kuehne, email to ben-kuehne@kuehnelaw.com and cmelo@kuehnelaw.com, c/o Law Offices of Benedict P. Kuehne, P.A., 100 S.B. 2nd Street, Suite 3550, Miami, FL 33131 By: — 4/Rocio Blanco Garcia Rocio Blanco Garcia, Florida Bar No. 099304Instr# 116329587 , Page 3 of 6 Filing # 101380172 E-Filed 01/09/2020 11:22:52 AM THE CIRCUIT COURT OF THE 17% JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE14-008532 (14) JUDGE CARLOS RODRIGUEZ FLORIDA CARRY, INC., Plaintiff, versus BROWARD COUNTY, Defendant. / FINAL SUMMARY JUDGMENT This matter comes before the Court on Defendant Broward County's Motion for Summary Judgment and Plaintiff Florida Carry’s Cross Motion for Summary Judgment. After review of the pleadings, summary judgment evidence, and argument of the parties on September 18, 2019, the Court denies the County’s motion and grants the plaintiff's cross‘motion for summary judgment. The Court makes the following findings, each of which serve as an independent basis for the Court’s summary judgment ruling: 1. The Court finds as a matter of law that Section 2-137.1(e), Section 2-39(e), and Section 22%-A(v) of the Broward County Ordinances are firearm regulations in violation of Section 790.33, Florida Statutes. Page 1 of 3Instr# 116329587 , Page 4 of 6 2. The Court finds as a matter of law that Section 2-137.1(e), 2-39(e), and Section 22%-A(v) of the Broward County Ordinances are preempted by Section 790.33, Florida Statutes. a The Court finds as a matter of law that Section 2-2(j)’s definition of “weapon” includes firearms. 4. The Court finds as a matter of law! that the sworn deposition testimony of Michael Nonnenmacher, Chief Operating Officer of Broward County Aviation, constitutes an admission by defendant Broward County. His undisputed testimony confirms that, to the general public and to the County’s own Chief Operating Officer, the respective ordinances reasonably appear to both the average person and a highly skilled and knowledgeable person to regulate firearms. Based on the parties’ statements that the evidence is undisputed and appropriate for summary judgment, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. Broward County’s Motion for Summary Judgment is DENIED. 2. Florida Carry’s Cross-Motion for Summary Judgment is GRANTED. 3. Broward County is PERMANENTLY ENJOINED from enforcing Section 2-137.1(e), 2-39(e), and Section 22%-A(v), as it relates to firearms, ammunition, and components thereof. § 790.33(3)(b), Fla. Stat. 1 The Court stated at the hearing that it was finding as a matter of “fact.” This portion of the order is intended to clarify that, consistent with the summary judgment standard, the Court made its determination as a matter of “law” as the facts and ordinances language are undisputed. Page 2 of 3Instr# 116329587 , Page 5 of 6 & ad a By statute, the Court has the authority to award Plaintiff damages: the Court having considered that Plaintiff pled in the complaint “all other relief deemed just and equitable” and only requested nominal damages at the at the January 8, 2020 hearing, Florida Carry is AWARDED $1 in nominal damages. See, §790.33(3)(02, Fla. Stat. Florida Carry is ENTITLED to reasonable attorney’s fees and costs, including consideration by the Court upon further hearing of a contingency fee multiplier, as the prevailing party and as authorized by law, § 790.33(3)()1, Fla. Stat., with the amount to be set by separate order. . Final judgement is hereby ENTERED on all counts in favor of Plaintiff Florida Carry. . The Court expressly reserved jurisdiction to determine the amount of attorney's fees, contingency fee multiplier and costs to be awarded to the plaintiff as the prevailing party. DONE and ORDERED in Chambers, Fort Lauderdale, Broward County, Florida this January 9, 2020. CARLOS Circuit Ju Page 3 of 3Instr# 116329587 , Page 6 of 6, End of Document Copies Furnished to: ‘Adam Katzman, Address : mwburke@broward.org ‘Adam Katzman, Address : jlahti@broward.org ‘Adam Katzman, Address : akatzman@broward.org BENEDICT P. KUEHNE, ESQ., Address : ben.kuehne@kuehnelaw.com BENEDICT P. KUEHNE, ESQ., Address : efiling@kuehnelaw.com Benedict P Kuehne, Address : efiling@kuehnelaw.com Benedict P Kuehne, Address : ben.kuehne@kuehnelaw.com Benedict P Kuehne, Address : cmelo@kuehnelaw.com Eric J Friday, Address : efriday@ericfriday.com Eric J Friday, Address : krista@laurenkingrylaw.com Eric J Friday, Address : service@ericfriday.com Joseph J Huss Esq., Address : jjh@khllaw.com Joseph J Huss Esq., Address : eservicefll@khllaw.com MICHAEL T. DAVIS, ESQ., Address : mdavis@kuehnelaw.com MICHAEL T. DAVIS, ESQ., Address : efiling@kuehnelaw.com Michael Terrell Davis, Address : cmelo@kuehnelaw.com Michael Terrell Davis, Address : efiling@kuehnelaw.com Michael Terrell Davis, Address : mdavis@kuehnelaw.com Rocio Blanco Garcia, Address : rblancogarcia@broward.org Rocio Blanco Garcia, Address : mwburke@broward.org Rocio Blanco Garcia, Address : jlahti@broward.org Tricia D Brissett, Address : tbrissett@broward.org Tricia D Brissett, Address : jlahti@broward.org Tricia D Brissett, Address : MWBurke@broward.org