Loading...
HomeMy Public PortalAbout502013CA17717 Transcript.Depo of Robert Sweetapple 12-22-146a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2013 CA 17717 AA CHRISTOPHER F. O'HARE, Plaintiff, vs TOWN OF GULF STREAM, Defendant. ________________________/ - - - VIDEOTAPED DEPOSITION OF ROBERT SWEETAPPLE TAKEN AT THE INSTANCE OF THE PLAINTIFF - - - Boca Raton, Florida Monday, December 22, 2014 11:31 a.m. - 2:34 p.m. Stenographically Reported by Mary Ann Hengstler, RPR Notary Public, State of Florida 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 2 1 APPEARANCES: 2 JONES FOSTER JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 110 3 West Palm Beach, Florida 33401 Counsel for the witness 4 joconnor@jonesfoster.com BY: JOANNE M. O'CONNOR, ESQUIRE 5 GMM/MADISON P.A. 6 401 South County Road, #3272 Palm Beach, Florida 33480 7 Counsel for the Plaintiff service@g3mlaw.com 8 BY: MARK J. HANNA, ESQUIRE 9 ALSO PRESENT: Bill Ring Lou Radar (by phone) 10 Christopher O'Hare 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 3 1 INDEX 2 WITNESS PAGE 3 ROBERT SWEETAPPLE 4 Direct Examination by Mr. Hanna 3 5 6 7 8 EXHIBITS FOR IDENTIFICATION PAGE 9 Plaintiff's Exhibit A 8 10 (Memorandum dated 4/10/98 to Mayor Kaleel from Paul Nicoletti) 11 Plaintiff's Exhibit B 48 12 (4/7/98 letter from Edwin Jonas to Paul Nicoletti) 13 Plaintiff's Exhibit C 58 14 (E-mail dated 9/8/14 to Mark Hanna from Robert Sweetapple) 15 Plaintiff's Exhibit D 81 16 (Warranty Deed dated 7/14/96) 17 Plaintiff's Exhibit E 81 (Quit claim deed dated 3/1/01) 18 19 20 21 22 23 24 25 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 4 1 The videotaped deposition of ROBERT SWEETAPPLE 2 was taken before me, MARY ANN HENGSTLER, Registered 3 Professional Reporter, RPR-CP, Notary Public, State of 4 Florida at Large, at 20 S.E. 3rd Street, in the City of 5 Boca Raton, County of Palm Beach, State of Florida, 6 beginning at the hour of 11:31 a.m., on Monday, 7 December 22, 2014, pursuant to Notice filed herein, at 8 the instance of the Plaintiff in the above-entitled cause 9 pending before the above-named Court. 10 - - - 11 THEREUPON, 12 ROBERT SWEETAPPLE, 13 being by me first duly sworn to testify the whole truth, 14 as hereinunder certified, testified as follows: 15 DIRECT EXAMINATION 16 BY MR. HANNA: 17 Q. Can you tell us your name. 18 A. Robert Sweetapple. 19 Q. And what is your professional address? 20 A. 20 Southeast 3rd Street, Boca Raton, Florida. 21 Q. Do you -- What firm are you practicing at, 22 under? 23 A. Sweetapple, Broeker and Varkas, P.L. 24 Q. What type of firm is that? 25 A. That's a LLC law firm. And my firm Sweetapple 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 5 1 and Varkas, PA is a member of that. 2 Q. Do you have any other locations for that 3 firm? 4 A. Yes. We have an office in downtown Miami, 44 5 West Flagler Street. 6 Q. Okay. And what is your residence address? 7 A. 333 Northeast Spanish Trail, Boca Raton. 8 Q. What is your work telephone number? 9 A. The office number is 561-392-1230. 10 Q. And was that the same number that you used in 11 1997, 1998? 12 A. I believe so. 13 Q. Okay. 14 A. In Boca. 15 Q. What about in Miami, do you have that number? 16 A. It's 305-374-5623 I think. Had that number 17 for 30 something years. 18 Q. And do you have a fax number? 19 A. I wouldn't know the fax number anymore. I 20 don't -- 21 Q. Well, is the, is the fax number to the best 22 of your knowledge the same as it was in 1997, 1998? 23 A. I presume. 24 Q. What is your professional e-mail address that 25 you use? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 6 1 A. They have pleadings@Sweetapplelaw.com or 2 something. 3 Q. I mean for your personal, or your 4 professional use individually? 5 A. RSweetapple@Sweetapplelaw.com. 6 Q. Do you have a personal e-mail account? 7 A. I believe so. 8 Q. What are the -- What is that address? 9 A. I don't know what it is. It's something that 10 was set up with my phone. I don't use it very often. 11 Q. Okay. Well, when you communicate with other 12 people, clients, do you use your professional e-mail 13 address or your personal? 14 A. Well, I think that's, that's my business 15 information. I'm not going to discuss that. We're 16 here to depose me regarding allegations that I 17 represented Mr. O'Hare in 1998. The way I conduct my 18 business is confidential business information, and I'm 19 happy to give you my public information which I've 20 done. 21 Q. Well, there is possibility that you 22 communicated by Mr. O'Hare through e-mail. 23 A. In 1998? 24 Q. Yes. 25 A. I did not have e-mail in 1998. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 7 1 Q. When did you get e-mail? 2 A. Last five years. 3 Q. Okay. 4 A. I don't think they had e-mail in 1998. 5 Q. Well, also there's, the standard as you know 6 is the same or similar matter as the current 7 litigation, and there are e-mail communications that 8 might be pertinent currently in 2014. 9 A. I don't, I don't think so. You can ask the 10 judge that. 11 Q. Okay. 12 A. I'm not going to provide you with any of my 13 e-mails now. 14 Q. Okay. 15 A. You're alleging -- 16 Q. Well, let's, let's get this out of the way. 17 A. Okay. We know what the matter is now. 18 The -- 19 MR. RADAR: Mark, Mark, excuse me. 20 MR. HANNA: Yes. 21 MR. RADAR: Is there a way to turn up the 22 volume because both of you, your questions and his 23 answers, seem to be breaking in and up, breaking 24 up, going in and out. 25 THE WITNESS: We turned the phone around and 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 8 1 I've turned it up as high as it will go. 2 MR. RADAR: Okay. Thanks. 3 BY MR. HANNA: 4 Q. Okay. Regarding the subpoena and the notice 5 of deposition, there was an exhibit attached to it 6 requesting that you bring documents. 7 MS. O'CONNOR: Do you have an extra copy, 8 Mark, by chance? 9 MR. HANNA: Yeah, I think so. I'm going to 10 mark that as Exhibit A. 11 BY MR. HANNA: 12 Q. I believe we covered, in the records 13 custodian depositions, you produced all the documents 14 that refer to Christopher O'Hare. 15 A. Other than the documents I told you I 16 obtained from the clerk of the Town of Ocean Ridge. 17 Q. Right. Now regarding number... Okay. Number 18 eight: "Any and all documents or communications 19 between you and Paul Nicoletti." 20 Did you bring those with you? 21 A. I did not. I'm asserting a work product 22 privilege as to my communications with Mr. Nicoletti 23 that occurred this year. 24 Q. Okay. Are there documents that exist? 25 A. Yes. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 9 1 Q. Okay. All right. Item number 10: "Any and 2 all documents or communications between Robert A. 3 Sweetapple and Joel Chandler that refer or concern 4 Christopher F. O'Hare or Shelly Childers O'Hare." 5 A. I'm asserting a work product privilege as to 6 those. 7 Q. Okay. Are there documents that exist? 8 A. I'm not going to disclose that. 9 Q. Well, you've filed documents with the Clerk 10 of Courts in other court cases. 11 Have you filed all the documents or is there 12 other documents that exist? 13 A. I'm not going to disclose that. 14 Q. Okay. Any and all documents or 15 communications -- or I'm sorry, number 11. "Any and 16 all documents or communications that refer to or 17 concern Robert A. Sweetapple's representation of 18 Christopher O'Hare or Shelly O'Hare between Robert A. 19 Sweetapple and any of the following people: John 20 Randolph, Joanne O'Connor, William Thrasher, Scott 21 Morgan, Joan Orthwein, Thomas Stanley, Donna White, 22 Robert Ganger." 23 Are there any such documents? 24 A. Are you talking about representation in 1998? 25 Q. No. I'm talking about discussing the subject 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 10 1 matter of the motion to disqualify in your prior 2 representation of Mr. O'Hare. 3 A. I'm not going to discuss my work product. 4 That would be my work product. 5 Q. So you're refusing to answer that question? 6 A. Yeah. 7 Q. Okay. And you didn't bring any documents 8 with you? 9 A. I didn't. I'm not going to give you my work 10 product with my clients that concern your clients. If 11 we could do that, we wouldn't need to have litigation 12 process. 13 Q. All right. When did you graduate from law 14 school? 15 A. I graduated from law school in 1979. Seems 16 like a moment ago. 17 Q. Okay. No kidding. Of course I was only in 18 eighth grade then. You have a little bit on me. 19 When you graduated from law school, what did 20 you do after that? 21 A. I was employed by a litigation firm in the 22 AmeriFirst building in downtown Miami by the name of 23 Bartel, Shupert and Dubinski, and I began trying cases. 24 Q. What kind of matters did you handle? 25 A. I, at that firm, handled criminal cases, 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 11 1 domestic cases, medical malpractice cases, personal 2 injury cases, legal malpractice cases, fraud and unfair 3 deceptive trade practice cases, gun running cases in 4 federal court, paternity cases. It was a five-man firm 5 that at that time handled every type of litigation 6 under the sun. Quite, quite an education. 7 Q. Now when you say litigation, would you become 8 involved in cases that were already filed or did you 9 start them from inception? 10 A. When I arrived, I had just left an internship 11 with the Public Defender's Office my last year at the 12 University of Florida. And the judge who recommended 13 me to Stan Bartel had indicated that I had substantial 14 trial experience during the Mariel boatlift as an 15 intern, and I immediately began trying cases for the 16 firm, their cases. And then as I brought in cases I 17 would work on them. 18 Q. Okay. And that was in Miami? 19 A. Downtown Miami. 20 Q. Were you primarily plaintiff or defense? 21 A. There was no, no such thing. 22 Q. Pretty much even mix? 23 A. Depended on what type of case it was. 24 Q. Okay. And approximately how many cases would 25 you handle a year do you think? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 12 1 A. How many files did I have? 2 Q. Yeah. 3 A. Or how many trials did I have? 4 Q. How many trials or files in a year? 5 A. I tried probably half a dozen jury trials in 6 my first year. I probably had 40 cases. 7 Q. And that number 40, I know that's an 8 estimate, would that be a caseload that you would 9 carry, about 40 cases for years? 10 A. I'd say that's typically been my caseload -- 11 Q. Okay. 12 A. -- my entire career. 13 Q. So you -- 14 A. That's about as many as I can effectively 15 handle. 16 Q. Okay. So you have about, around 40 cases a 17 year, some are previous cases, some are new cases? 18 A. Right. Back then. Now of course I have 19 lawyers in Miami and lawyers here that work cases up 20 for me. So I guess you would call my caseload a lot 21 higher, but back then I was, I was the low man on the 22 totem pole. 23 Q. Okay. Now after you left that firm, what did 24 you do? 25 A. I opened up my own practice in August of 1981 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 13 1 with Mark Kamilar. Was a firm called Sweetapple and 2 Kamilar, and I continued to try cases. 3 Q. How do you spell Kamilar? 4 A. K-a-m-i-l-a-r. 5 Q. And that was in Miami? 6 A. Yes. 7 Q. How long did that firm last? 8 A. I was with Mark three years, and then I 9 relocated to Boca Raton. 10 Q. What brought you to Boca Raton? 11 A. I had settled a substantial legal malpractice 12 case in 1984, I believe, for a man named Rafaello 13 Russo. He took the proceeds of that settlement and 14 opened a restaurant on Palmetto Park Road, and invited 15 me and my wife to come up regularly to dine. And at 16 that point we were thinking about starting a family, 17 and I wanted to ultimately live on the water. I grew 18 up in Fort Lauderdale. All my wealthy friends lived on 19 the water, and I, I never got to. So I thought maybe 20 I'd realize my dream of living on the water in Boca 21 Raton and could raise a family in some place other than 22 Miami. And in 1986 I moved. 23 Q. I understand why you would want to get out of 24 Miami. 25 A. I enjoy going to Miami now. But when you're 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 14 1 starting to have a family, it's the suburban flight, 2 right? 3 Q. Yeah. Nice, nice place to visit. 4 A. Yeah. I went down last Wednesday for my 5 daughter's UM graduation, and she insisted we go to 6 Monty's, and as we sat there, I said, I stood on that 7 very table right there in May of 1980 celebrating 8 passing the Bar. So it's nice to go full circle. Nice 9 to visit, but I much prefer living here. 10 Q. So then '86 you moved to Boca? 11 A. Mm-hmm. 12 Q. And did you join another firm or did you -- 13 A. No. I commuted to Miami until 1989. 14 Q. Okay. 15 A. And in 1989 I opened a second office in, in 16 Boca. My Colgate roommate, Doug Broeker, was a partner 17 of Fowler White, and I convinced him to come work with 18 me and to take over the Miami office. 19 Q. Okay. 20 A. But I worked at both offices for some time 21 and then realized that was not a good way to make it to 22 60. 23 Q. That's a hefty commute. 24 When did you start working primarily out of 25 the Boca Raton office? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 15 1 A. I bought a building in Boca in December of 2 '89. My daughter was born, my first daughter was born 3 in February of '89. I would say by '89 I was spending 4 at least three days a week in Boca. The fax machine 5 had been invented, I got a Miami line. So I typically 6 would go down two days a week. 7 Q. Okay. And at some point Alexander Varkas 8 joined the firm? 9 A. Oh, Alex joined the firm before Doug Broeker. 10 Alex has been with me 28 years. 11 Q. Okay. So around 1990 -- When did you -- 12 Where did you practice from when you moved to Boca; 13 where was the office located? 14 A. Palmetto Park Road. 465 East Palmetto Park 15 Road. 16 Q. How long were you at that location? 17 A. I think 'til '98. I think I sold the 18 property in '98. 19 Q. Okay. Where did you go after that? 20 A. Bought a building on Boca Raton Road, where I 21 was until last year. 22 Q. And now you're at? 23 A. 20 Southeast 3rd Street. 24 Q. What was the address for the Boca Raton 25 Boulevard? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 16 1 A. 465, I think, Boca Raton Road. I think. 2 It's been awhile. Been a whole, whole year now. 3 Building's been knocked down. 4 Q. In 1998 did you have any associates that 5 worked for you? 6 A. Yes. I'm pretty sure I did, but I couldn't 7 remember which of them. I've had associates throughout 8 the years. 9 Q. Okay. What about Edwin Jonas? 10 A. Edwin Jonas was of counsel to my firm for a 11 period of time, maybe about a year. I'm estimating. 12 He had moved down from New Jersey, had, at the time I 13 thought substantial experience, maybe it was like ten 14 years of experience, handled real estate and 15 administrative matters that I didn't handle. And as I 16 recall, he ended up somehow being in my office suite, 17 either he shared space or he gave me time for, you 18 know, did work on my cases for rent, and I sent him 19 matters to handle that, you know, I didn't typically 20 do, real estate. In this case it looks like I referred 21 Mr. O'Hare to him involving a code enforcement matter, 22 which I don't do typically. I don't think I've done 23 more than one code enforcement hearing, or maybe two in 24 my entire career. And he would either bill the clients 25 on the cases that he handled or he would work for me 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 17 1 and I would pay him on my cases. That's my best 2 recollection of how it worked. 3 Q. Okay. When he would work on his cases, did 4 he do it under your law firm? 5 A. He used my stationery. He had moved down -- 6 The way I met him is he was renting a house that I 7 owned, used to own in, in my neighborhood in Boca. And 8 I became friendly with him. And he was a lawyer in 9 north -- in New Jersey, and he, he was a member of the 10 Bar here and he was looking to, you know, get 11 established in Florida. And, you know, I didn't want 12 to make him a partner. I didn't -- Obviously wasn't in 13 a position to hire him as a ten year practitioner, and 14 we came up somehow with the idea he'd be of counsel to 15 the firm. 16 Q. When you say he's of counsel; what was the 17 meaning of that? 18 A. I mean, I, I don't even know what the terms 19 of the arrangement were as I'm sitting here. I don't 20 know if this was a formal agreement. I don't know -- I 21 don't remember the specifics of it. I have a general 22 recollection that that's how it worked. Somewhere 23 around those lines. 24 Q. In the late '90s what kind of cases were you 25 handling? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 18 1 A. The late '90s, I would say -- When did I 2 become Board Certified; do you know? 3 Q. No. 4 A. I think I became Board Certified as a civil 5 trial lawyer maybe 20 years ago, and as a business 6 litigator 15 years ago. 7 The progression of my practice has been, even 8 though I've tried ever type of case I can think of 9 before a jury and handled every type of case I can 10 think of, my practice basically funneled, and I stopped 11 handling federal and state criminal cases in about 12 1984. I stopped doing domestic cases probably around 13 the late '90s. I didn't handle any personal injury 14 cases. 15 I would say most of my cases were civil and 16 business related in some form, commercial related, 17 probate. Mostly, you know, nonpersonal injury, non, 18 non-domestic, noncriminal litigation. 19 Q. And did you handle any civil rights claims? 20 A. I've handled 1983 cases and those types of 21 cases, yes. 22 Q. What about defamation cases? 23 A. First jury trial I tried before Lenore 24 Nesbitt in 1980 was a defamation case. 25 Q. Okay. And you currently represent Gulf 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 19 1 Stream, the Town of Gulf Stream, correct? 2 A. I think that's a matter of public record, but 3 I'm not going to discuss any details of that. 4 Q. Well, you represent them, that's -- 5 A. Yeah, I do represent them. 6 Q. Okay. Have you represented other 7 municipalities or government entities? 8 A. I would have to go back and look. I'd have 9 to go back and look. I think we have represented City 10 of Miami, noise and abatement boards and other 11 government entities. 12 I typically have sued government entities 13 and, and eminent, defended eminent domain cases. I was 14 doing a lot of eminent domain at the end of, in the 15 '90s, now that you mention it. 16 Q. Okay. 17 A. But we have represented, you know, 18 governments from time to time. I know that we did 19 quite a bit of work for City of Miami. 20 Q. Now eminent domain, what, what is that? 21 A. Eminent domain is the power of the sovereign 22 to take property for an alleged public use. I was 23 involved in all the Mizner Park takings. I represented 24 the largest landowner in Boca Raton in the 1990s 25 regarding the eminent domain cases of the city and the 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 20 1 Boca Raton Community Redevelopment Agency, both at the 2 trial level and at the Fourth District Court of Appeal, 3 including for the development of Mizner Boulevard and 4 other roadways that were ancillary to the development 5 of Mizner Park. 6 And in a little full circle moment, since I 7 like those little stories. Joanne's secretary, Mary, 8 was Adams Weaver's secretary in 1989, and I worked with 9 her regularly because Adams Weaver was my opposing 10 counsel on many of those cases. He represented the 11 Boca Raton CRA. So when I call Joanne now I get to 12 chat with Mary. So it's a small, small town. 13 Q. Have you ever had, handled civil RICO cases? 14 A. Yes. 15 Q. Against who? 16 A. Matter of public record. I think I have a 17 form of one that we prepared that we've been using. 18 And research, extensive research files on civil RICO. 19 Q. Okay. Well, what -- Who did you represent, 20 the plaintiff or the defendant? 21 A. I don't remember. I'd have to look at the 22 research files and the form files. 23 Q. Did any of them ever go to trial? 24 A. I don't think that, I don't think we have 25 actually tried plaintiffs or defendants RICO. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 21 1 Q. Okay. 2 A. I've, I've handled continuing criminal 3 enterprise cases also, which is the, a criminal cousin 4 of RICO. I handled those in the eastern and western 5 districts of the Federal courts of Louisiana, in 6 Lafayette and New Orleans. 7 Q. What did those cases involve? 8 A. Those cases involved a criminal enterprise 9 that was alleged to be actually ultimately convicted of 10 running marijuana and money laundering. I represented 11 a lawyer at some point who ended up pleaing to a 12 criminal, continuing criminal enterprise. He was from 13 Miami and he was charged in the Western District of 14 Louisiana. 15 Q. Okay. Do you ever handle any public records 16 litigation? 17 A. I have made numerous public records requests. 18 I've never sued for fees. Never, never actually gone 19 after fees or defended a claim for public records on 20 behalf of an entity prior to this litigation. 21 Q. Well, when you say you've made numerous 22 public records requests, and you said that no 23 litigation -- 24 A. Yeah. 25 Q. -- resulted from it. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 22 1 A. Yeah, I've, I've made Sunshine requests and 2 public records requests obviously since the law has 3 been in effect. 4 Q. Why wasn't there any litigation out of that? 5 A. Because I, I've rarely, I've rarely -- I've 6 seen a lot more litigation in public records requests 7 of late that is not bona fide, and I have never had a 8 problem, in terms of getting records from government 9 ultimately, and I've always made discrete requests for 10 documents I really need for a, for a lawsuit, and 11 they've been provided. 12 Q. So the governmental entities provided the 13 records requested? 14 A. Yeah. But I've never seen a situation where 15 a group of people have inundated a clerk with thousands 16 of public records requests in order to close the town 17 down under the guise of trying to get open government. 18 But I -- of course, I guess when you practice law 19 enough you get to see everything in this world. 20 Q. Have you reviewed the cases that have been 21 filed in Christopher O'Hare versus Town of Gulf Stream? 22 A. That's my work product. I'm not going to 23 disclose that. 24 Q. Well, have you reviewed them? I'm not asking 25 for any -- 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 23 1 A. I'm not going to tell you what I've done as a 2 lawyer. I'm not going to tell you what I've 3 researched, I'm not going to tell you what I've 4 written, I'm not going to tell you what I've thought. 5 I'm not going to tell you who I've spoken to. That's, 6 that's my client's private business information. They 7 hired me to perform a service, and I intend to perform 8 it. 9 Q. So what is the basis of your refusal to 10 testify about that? 11 A. Work product privilege. 12 Q. Okay. Now getting back to the areas that you 13 practice. Has it changed in the last, say, ten years 14 since '98? 15 A. My practice has varied throughout depending 16 on any number of circumstances. The clients I've 17 gotten, the nature of the economy. I handled some 18 major lender liability cases in the first recession 19 that I was involved in, which was 1981, and sued some 20 banks, and they were fairly high profile cases. And as 21 a result, I was hired to handle a mass of lender 22 liability case in 2002 that listed to 2007. 23 As a result of that, I ended up getting a lot 24 of lender liability claims during this last recession. 25 I ended up representing a major boat manufacturer, 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 24 1 Donzi, Fountain, Proline and Baja. So I ended up 2 getting a lot of commercial litigation in North 3 Carolina and other states for that company. 4 So my practice really is driven by, by my 5 clients. I get, I get called in to handle complex 6 litigation matters by clients, not only in the State of 7 Florida but in over a dozen, over a dozen states in the 8 country. 9 Q. Now in 1998 you represented some Ocean Ridge 10 residents against the Town of Ocean Ridge? 11 A. I don't know if it was 1998. I don't think 12 it was 1998. 13 Q. 1998, 1999? 14 A. I'm not sure of the year. 15 Q. Okay. 16 A. I don't remember. But I, I, I handled 17 litigation in, in the circuit court, and I think it was 18 before a judge who is in the criminal division now. 19 He's been in the criminal division forever. 20 MS. O'CONNOR: Judge Rapp. 21 THE WITNESS: Yeah, Judge Rapp I think had 22 the case. 23 BY MR. HANNA: 24 Q. What did that case involve? 25 A. It involved a dispute between adjoining 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 25 1 property owners regarding the development rights of a 2 piece of property that had been sold by the Audubon 3 Society, generally. 4 Q. One second. 5 (Discussion off the record). 6 MR. HANNA: Lou's having trouble hearing you. 7 I'll speak up. 8 THE WITNESS: Okay. Lou, can you hear me 9 now? Lou. Hello. 10 BY MR. HANNA: 11 Q. Lou? 12 A. Lou? Lou, can you hear us? 13 MR. RADAR: Yeah, now I can hear you. I'm 14 trying to get Chris to give me a cell phone 15 connection because I'm only hearing about half of 16 what's being asked and about half of what's being 17 answered. 18 MR. O'HARE: Yeah, but I didn't want to do 19 that until everybody agrees. 20 THE WITNESS: Okay. So you want me to switch 21 to cell phone? We'll switch to cell phone. 22 MR. RADAR: What did you just say? 23 THE WITNESS: Okay. We're going to switch to 24 cell phone. You have him on? 25 MR. O'HARE: I didn't put it on speaker. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 26 1 I'll try it. 2 MR. RADAR: Hello. 3 MR. O'HARE: Lou, can you hear us now? 4 MR. RADAR: Yeah, I can hear you, Chris, 5 right now. Let's see if I can hear him talking. 6 THE WITNESS: All right, Lou. Can you hear 7 me? 8 MR. RADAR: Yes, I can hear you. 9 MR. HANNA: Can you hear me, Lou? Lou, can 10 you hear me? 11 MR. RADAR: Yeah, I can hear you now. 12 MR. O'HARE: Hopefully I won't get any calls. 13 BY MR. HANNA: 14 Q. All right. You were telling us about the 15 case of, the Audubon Society, nature preserve I think 16 it was. 17 A. That was a, yeah, that was a piece of 18 litigation I handled that had multiple, multiple 19 parties. And when I was advised that Mr. O'Hare 20 thought that I had represented him in the past, I 21 presumed that that was, that he somehow was involved 22 with that group, and I -- They pulled the pleadings and 23 he was not one of the parties that I represented in 24 that case. 25 Q. Okay. You represented the individuals in 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 27 1 that case; not the town? 2 A. I think I represented individuals. I think 3 one of the, one of my clients was a, an elected 4 official. I don't think the Town was a party to the 5 litigation as I recall. Although they were a party to 6 mediations. 7 Q. Okay. 8 A. That's my general recollection. I haven't 9 looked for that purpose. 10 Q. Okay. Bernd Schulte's name? 11 A. Bernd Schulte was a commissioner I guess. 12 Q. And Rich Lucibella? 13 A. Right. 14 Q. They were the property owners around it? 15 A. Right. And that, that just is why I was most 16 concerned when Mr. O'Hare testified I had been at a 17 meeting with Mr. Nicoletti with him at Town Hall, 18 because I don't believe I've ever, I was ever in the 19 old Town Hall in Ocean Ridge. Even in that case. 20 Q. Okay. 21 A. At least I have no recollection of ever 22 being, being in that building. I drove by it a hundred 23 times taking my kids to Gulf Stream for 19 years. 24 Q. Have you discussed the contents or the 25 allegations of the Motion to Disqualify with any of the 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 28 1 other attorneys representing Gulf Stream? 2 A. First of all, I'm not going to discuss that, 3 because that would be my work product and lawyer 4 client. 5 Q. Okay. 6 MR. O'HARE: I'm not asking for the content; 7 just if it happened. 8 BY MR. HANNA: 9 Q. Have you discussed any contents of the 10 allegations in the Motion to Disqualify with anybody 11 from the Town, any of the Town officials? 12 A. I'm not going to discuss that because that 13 would be work product. That would be in conjunction 14 with my representation of the Town. 15 Q. Okay. We're asking -- 16 A. This is a motion filed in this case. 17 Q. I'm asking for whether it occurred, not 18 whether -- not for the content. 19 A. Well, you, the content is in your question. 20 So that's silly. I heard your client say that to you 21 and I laughed at how silly of a notion that is. You 22 can't ask a question that has the content in it and 23 then say it doesn't have the content. 24 Q. Have you ever represented Christopher O'Hare 25 before? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 29 1 A. Not that I have any recollection of. 2 Q. Okay. 3 A. And if you have something to refresh my 4 recollection, I'd love to see it. I see from my 5 records he was in my office apparently, and I could 6 have had an initial conference with him before he was 7 sent to -- before this was assigned or given to 8 Mr. Jonas. 9 For 35 years I've met with people and I do 10 not charge for initial consults. If someone talks to 11 me on the phone and I think that I should speak to 12 them, and there's something that's of a legal nature 13 that I should pursue, I don't write time slips for my 14 first consult. 15 So it's possible that he came in and talked 16 to me. It's possible he spoke to me on the phone. I'm 17 not doubting that. I just don't have any recollection 18 of him or any matter for him. 19 Q. Okay. Have you seen the memorandum from Paul 20 Nicoletti? 21 A. I, I saw that when I obtained it from the 22 Town of Ocean Ridge. It makes reference to me being on 23 a conference call with Mr. Jonas and calling 24 Mr. Nicoletti. 25 Q. Do you have any recollection of that phone 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 30 1 call? 2 A. None at all. But I have no doubt it 3 occurred. 4 MR. HANNA: I'm going to mark this as Exhibit 5 A -- or what are we -- Yeah, this is Exhibit A on 6 this one. 7 THE WITNESS: I'll just write it here and 8 then you can put a thing on it. 9 (Plaintiff's Exhibit A). 10 BY MR. HANNA: 11 Q. And is that the memorandum from Paul 12 Nicoletti to the Ocean Ridge Town Commissioners 13 regarding that phone call? 14 A. Yeah. The first time I saw this was before 15 your client's depo. I obtained it from Town of Ocean 16 Ridge. 17 Q. And we had sent that to you also. 18 A. I think I'd obtained it before you did. 19 Q. All right. 20 A. Because I was there right after you were 21 there. 22 Q. Now regarding the phone call, you indicated 23 that you have no recollection of it but that the phone 24 call occurred? 25 A. No, I said I'm not disputing it occurred. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 31 1 Q. Okay. 2 A. I have no knowledge one way or the other. 3 But it, it certainly, it certainly looks like something 4 I would do in the course and scope of representing a 5 client. 6 Q. Okay. 7 A. And it would be consistent that Mr. Jonas, if 8 there was a litigation issue, would involve me, and 9 appears I made a phone call. I guess had the case not 10 resolved itself three days after this memo and there 11 would have been litigation, then I would have gotten 12 involved. 13 Q. Well, in the memorandum you discuss, it 14 discusses that, threats of a civil rights and 15 defamation case, are those the kind of cases that you 16 would have handled against public entities back in 17 1998? 18 A. It would depend on the facts. In this case, 19 from looking at everything that I've seen now, it 20 appears that the O'Hares had some approval already for 21 use of a building, and that a government under color of 22 law was attempting to deny them of the use of their 23 property. So I was probably thinking in terms of a 24 1983 action, and I had brought 1983 actions, including 25 all the way to the United States Supreme Court. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 32 1 Q. What are the damages that you typically would 2 seek to recover in these kind of cases? 3 A. There's no such, there's no such thing as 4 typical. I mean, the last 1983 case I handled was 5 against the chief judge of Broward County. 6 Q. Okay. 7 A. For locking another judge out of the 8 courthouse. I mean, what would the damages be? It 9 depends on the facts of the case. Some cases you get 10 an injunction. 11 Q. Are there any mental or emotional distress 12 components to a 1983 action? 13 A. I don't know. I would have to go look at the 14 law. 15 Q. Have you ever made -- 16 A. I, I, I don't, I don't, I don't recall. 17 Under Florida law obviously you'd need a touching. 18 Would have to be the tort of outrage or a touching. 19 And I've, I've, I don't recall ever, you know, pleading 20 emotional damages in a 1983 case, but I'd have to go 21 back and look at the law. 22 Q. What about other cases that you could file 23 against a public entity for some property type dispute? 24 A. That would depend on -- you're asking me for 25 my legal opinion now. I would have to research it and 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 33 1 look at the, the theories. 2 Q. Who is Heath King? 3 A. Heath King is a counselor who I met through a 4 client of mine over 25 years ago. Probably the 5 smartest man I've ever met. 6 Q. What type of -- Was he a psychotherapist? Is 7 he a physician? 8 A. He's not a physician. And I don't know his, 9 you know, his full CV. He was a professor at Yale 10 University and is a highly published thinker and 11 writer. I don't know if his training is in psychology, 12 interdisciplinary studies. But I -- He was appointed 13 by the court to counsel one of my clients, and the 14 client raved about him probably closer to, closer to 25 15 year, I'd say 25 years ago. And maybe 22 years ago, 16 somewhere in that range. And I met him, and since then 17 I've referred family members, friends, friends of my 18 children, clients. And even when I get stressed out, 19 I'll invite him to lunch. 20 Q. Okay. Now when you say you refer clients 21 there, are they ever related for treatment for a 22 pending case? 23 A. No. No, no. I don't handle cases, I don't 24 think I've filed a case where I've hired a psychologist 25 or a psychiatrist to testify, because I haven't handled 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 34 1 any personal injury type cases or cases where I've 2 sought pain and suffering. I've never used him as an 3 expert or, or consulted him in that regard. 4 The first time I, I learned of he, he'd been 5 appointed by a court, a client of mine threw a vase at 6 his son in a construction trailer. And I didn't handle 7 the criminal case, but the judge ordered him to go to 8 anger management therapy with Mr. King. 9 But I've sent people that are having stress, 10 you know, from litigation. I've sent people who are 11 having marital counseling. I've sent people who are 12 depressed. 13 I mean, I can give you a little personal 14 background on why I do that. But early in my career I 15 had a young man in my office, about 1981, young Cuban 16 boy who was very distressed, and I didn't know anything 17 about sending people to counseling. And he kept 18 telling me -- I'm haunted even to this day -- he would 19 say Paula, Paula, I love her but she doesn't love me. 20 And he would rage. And, and I just thought, well, this 21 guy seems a little wacko, and within a month he had 22 stalked Paula's brother and murdered him in a grocery 23 store in Hialeah. And I've had clients and friends 24 who've killed themselves who've been in litigation. 25 So I've learned the hard way that any time I 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 35 1 see anybody in our society which is very stressful that 2 is having any kind of issue, that typically being a 3 litigator and filing lawsuits doesn't relieve stress, 4 it causes it. So I've probably referred 50 to a 5 hundred people to Heath King, and I know he's referred 6 people to psychiatrists and psychologists and others. 7 But I've done it in the hope that I won't have to hear 8 about a client killing another person or another client 9 killing themselves. 10 But I don't do it for purposes of obtaining 11 testimony. Nor do I ever speak with Mr. King about 12 anyone I send to talk to him. And I certainly wouldn't 13 do that. And I saw that in your motion and I thought 14 that was pretty irresponsible to suggest it. 15 Q. Now regarding Heath King, did you refer 16 Mr. O'Hare to Mr. King? 17 A. I have no recollection of ever doing that, 18 but as I said to Mr. O'Hare, I think in your presence 19 at the depo, the fact that he says I went to -- that I 20 referred him to Heath King is... makes, makes me very 21 confident that he and I at some point spoke. And I 22 don't doubt that, his statement that I suggested or 23 recommended Heath King to him. 24 Q. Now normally would you -- 25 A. I still refer people to Heath King regularly. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 36 1 Q. After having discussed their problems with 2 them; isn't that true? 3 A. No, not necessarily. I mean, I've, I've 4 recommended people to Heath King at a cocktail party. 5 I've recommended people to Heath King when I've heard 6 that a girl was not eating because her boyfriend broke 7 up with her at St. Andrews and she was a friend of my, 8 my daughter. And I've said, I never even met this girl 9 but tell her mother she should call Heath King and find 10 out where the best treatment could be for her. 11 Q. But you just don't arbitrarily tell somebody 12 to go to Heath King? 13 A. Not arbitrarily. I mean, I recommended one 14 of my best friends go to Heath King when he told me he 15 was getting divorced. The minute I heard divorce, I 16 said, don't do that alone. Go talk to a professional. 17 Q. But you have -- 18 A. Without knowing any details. 19 Q. -- you have no recollection of what you and 20 Chris O'Hare talked about that resulted in you 21 referring him to Heath King? 22 A. I have no, I have no recollection of even 23 referring him to Heath King, or giving him his name or 24 phone number. 25 Q. Do you have any recollection of meeting Chris 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 37 1 O'Hare? 2 A. I have no recollection of meeting Chris 3 O'Hare. 4 Q. Okay. 5 A. And I've racked my brain. 6 Q. Do you have any recollection of discussing 7 this case with Edwin Jonas? 8 A. None. 9 Q. Okay. Do you have any recollection of 10 receiving payment by Mr. O'Hare? 11 A. None. 12 Q. Do you have any recollection of -- 13 A. Do you have anything to refresh my 14 recollection, like a check or a retainer agreement or 15 an invoice or something? 16 Q. We'll get to that. 17 A. Okay. I mean, I wish you -- I'm as curious 18 as you are what happened. 19 Q. Okay. Do you recall or have any recollection 20 regarding payment to Edwin Jonas for his work in the 21 O'Hare case? 22 A. I have, I have absolutely -- I've racked my 23 brain and I have absolutely no recollection of, of 24 Mr. O'Hare. 25 Q. Who is Diane Scully? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 38 1 A. Diane Scully was Diane Faulk. 2 Q. Okay. 3 A. And she was my brother's girlfriend after 4 high school or after college for many years, and I 5 considered her a dear friend, just through my brother. 6 She's -- My brother's five years younger than me. I 7 think she's probably two or three years younger than 8 me. So I didn't know her in high school but I knew her 9 after. 10 Very dear person. Wonderful person. Her 11 brother, Kenny, is a good friend of my brother's, and 12 has been for 30 something years. And I see him once or 13 twice a year. I see Diane once or twice a year. 14 Typically at my brother's Christmas party. And her, 15 her older brother I knew at Nova High School. He was 16 in my class. But he unfortunately died about ten years 17 ago. So I've not seen or talked to him. 18 Q. Who passed away? 19 A. Dale. 20 Q. Dale. Who is Dale? 21 A. Dale is Diane's brother who was my age. 22 Q. Okay. When did your, you said your brother 23 dated Diane Scully? 24 A. Dated -- 25 Q. Diane Faulk. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 39 1 A. -- for some period of time. 2 Q. What was the time period? 3 A. I, you know -- I know it wasn't high school. 4 And I don't know if it was when he was at Florida State 5 or when he was, when he had graduated. It was 20 -- I 6 mean, she's been married for 20 years I would say. 7 Q. How long did -- 8 A. He's been married, he's been married at least 9 that long I think. I mean, you're going back. 10 Q. So is it in the '80s, '90s? 11 A. I -- Let's see, I graduated from Nova in 12 1972. He graduated in '77. So I think it would have 13 been late '70s or early '80s. 14 Q. Okay. And you maintain contact with her 15 through the -- 16 A. I see her, I see her at different things. 17 And I grew up in Plantation. I still have a lot of 18 friends in Plantation. 19 Q. Okay. 20 A. My brother lives on Gordon Island in Fort 21 Lauderdale. So I go there. He's got triplets, I see 22 them regularly, I'm down there. 23 Q. Does she refer cases to you? 24 A. No. 25 Q. Okay. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 40 1 A. No, I haven't -- I mean, when I -- That's 2 another thing, when I heard from, at his depo that 3 Diane Faulk gave him my name. Surmising, speculating 4 the reason I don't have any time listed, even if he did 5 call me, how many ever times he says he called me, is 6 if he was sent by Diane or anybody I considered family, 7 if I didn't have a case for that person I didn't end up 8 appearing, it's not unusual that I would not give a 9 bill. 10 Q. When you, when you take on a case, are they 11 already in litigation at that point? 12 A. I have to say that now, at this point in my 13 career, I'm called in to try cases and take over cases 14 probably as often as I'm called in at the beginning of 15 cases. 16 For instance, this litigation is fairly 17 typical of my practice. I have people come in, and 18 I've tried cases, you know, that have a whole filing 19 cabinet and have a month to get ready. 20 I just got hired on a case before Judge 21 Hurley that's going to trial in February that I'm 22 getting geared up to try over the holidays. 23 Q. Well, do you ever get calls from people that, 24 whatever, the incident just happened, nothing has been 25 filed, and you take them on as a client? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 41 1 A. Oh, sure. That used to be the nature of my 2 practice when I started. 3 Q. Okay. 4 A. And obviously it's changed. 5 Q. Did they all result in filing of litigation? 6 A. Well, I typically don't get hired unless, you 7 know -- People come in to see me for litigation. 8 People are sent to me for litigation. 9 Q. Well, in the late '90s, did you ever have any 10 cases that you signed the person up but for whatever 11 reason it never was filed, a form of litigation? 12 A. If that happened, it would be extremely rare. 13 I normally don't get a retainer, you know, to handle 14 litigation unless there's litigation. To file a 15 lawsuit or defend a lawsuit. 16 People come in -- When people come in to hire 17 me when it's not already a pending case, it's for 18 purpose of defending a case that's been filed or for 19 filing a case. 20 Q. Okay. So a case that's already in 21 litigation, that's typically when someone would come to 22 you? 23 A. Absolutely. Yeah, I don't, I don't just 24 consult with people or... 25 Q. Now when you consult with people that have 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 42 1 the case in litigation, do you always take the case? 2 A. Of course not. 3 Q. Do you -- Strike that. 4 Have you been contacted by people that are 5 involved in litigation and you've filed a different 6 litigation out of that as a result of the first filed 7 suit? 8 A. You mean when people come back to me? 9 Q. Yes. 10 A. Sure. I have clients that I've represented 11 for decades. 12 Q. Okay. 13 A. I have clients that I've handled -- 14 Mr. Russo, for instance, I handled a personal injury 15 case for, his divorce, a criminal case, a legal 16 malpractice case. I could write a book on litigation 17 just on that one client. 18 Q. Well, do you have a new representation 19 contract every time you have a new case or do you have 20 a -- 21 A. It depends on the nature of the 22 representation. If I'm taking on a contingency 23 commercial case, if I'm going to have co-counsel. For 24 instance, I'm filing class actions now with the Farmer, 25 Jaffe, Weissing firm down in Lauderdale against some 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 43 1 entities in Broward that include potential RICO claims 2 that we're researching now. If I have co-counsel, even 3 though I already have one case for these people that I 4 just got a judgment against the same entity in front of 5 Judge Ross, you know, it's now going to have other 6 lawyers involved, it's going to have contingency 7 factors. So I have a new fee agreement, even though I 8 represented some of the same people through a trial. 9 Q. What kind of fee agreement would you use -- 10 Strike that. 11 There's the fee representation contract and 12 there's also some, attorneys use an engagement letter? 13 A. I've, I've used -- I use different types of 14 agreements for different types of matters. I've 15 charged flat fees, nonrefundable fees, contingency 16 fees, hourly fees. Engagement letters. I have form 17 retain, retainer agreements that have different boxes 18 that are checked for the type of case it is. 19 Q. Do you still have financial records from 20 1998? 21 A. No. 22 Q. Why don't you have any of those records? 23 A. Because they would have been purged years and 24 years ago. Because I can only afford so much warehouse 25 space. If I had all my records from '98, A, by now the 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 44 1 cockroaches would have eaten them all, because even my 2 seven-year-old records look like they're food for... 3 that's what happens to all these people's disputes, 4 they end up being eaten by cockroaches. 5 Q. Well, do you have any records from 1998 for 6 any closed client file? 7 A. I haven't looked to see, but I'd be very 8 surprised. Other than the research I told you about. 9 Q. Other than the research files. 10 A. I -- 11 Q. How far, what is your -- Do you have a set 12 timeframe where you purge files? 13 A. Seven years. Well, I mean, we go in 14 periodically, like every other year, every year. Right 15 now it's when the -- I have a warehouse space that's 16 probably 2000 feet of files, and when you don't have 17 room to put the files from here, we end up throwing 18 out, you know, files that are over seven years old. 19 Q. Okay. 20 A. I'm hoping with all these electronic records, 21 that I won't have all this filing. 22 Q. Except you're going to have gazillion -- 23 A. Discs. 24 Q. -- discs of everything and 15 copies of the 25 same thing. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 45 1 So, then, there are no files, other than the 2 research files, from any cases in 1997, 1998, 1999 in 3 your possession? 4 A. That would be my best guess, although I 5 haven't gone through all of the files. But I -- The 6 times I've been in the warehouse, I've never seen 7 anything from the 1990s or 1980s. 8 Q. Is it possible, then, that a file for 9 Christopher O'Hare was opened and destroyed? 10 A. Anything's possible. You're asking me to 11 speculate. 12 Q. Okay. Well, just because -- You have, you've 13 presented us with, in the records custodian deposition 14 with the few documents that you have representing 15 Mr. O'Hare. Are you contending that that proves that 16 you didn't represent O'Hare or that there was no file 17 open? 18 A. Not at all. 19 Q. Okay. 20 A. Not at all. I'm taking Mr. O'Hare at his 21 word that he was sent to me by Diane Scully, that he 22 met with me, that he talked to me, that I recommended 23 to him that he go talk to Heath King. I can see that 24 the day before a letter was sent by Mr. Jonas as of 25 counsel to my firm. We opened him up in our system. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 46 1 And I'm contending that it looks like I never filled 2 out a time slip. 3 Q. Okay. 4 A. Now did, did Mr. Jonas render a bill? Was 5 there a bill typed up without a, without time slips 6 because it was one week's representation? Did 7 Mr. O'Hare call me on the phone and, and ask me 8 questions about, about other things? I have no, I have 9 absolutely no recollection and no way of knowing. 10 Q. Okay. So in October 1997, it's possible that 11 Mr. O'Hare called you regarding the Pace, Emmett Pace 12 versus Ocean Ridge litigation that he was involved 13 with? 14 A. It's possible. I have no recollection. 15 Q. Well, that's consistent with -- 16 A. With '07? 17 Q. Of '97? 18 A. '97? 19 Q. Yes. That's consistent with how your 20 practice operated then, somebody in litigation that 21 would bring you in to help them with that case; isn't 22 that true? 23 A. Well, it's, it's possible that he called me 24 because he had a litigation matter. It's possible. 25 Q. But that's something you would have handled? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 47 1 A. No, someone calls me about a litigation 2 matter, I would speak to them generally. Whether or 3 not I would handle it or not, I'd need to know what the 4 case is about. I have no recollection of any 5 litigation with an Emmett Pace. 6 Q. Okay. 7 A. I think that's one of the files they went to 8 look at online to see if I ever was involved in it. 9 I've got no letters or documents. I mean, if you have 10 something that shows in his calendar that he met with 11 me in October and talked about somebody, show it to me. 12 I don't think it's going to help refresh my 13 recollection, because I've listened to his depo, I've 14 seen all the documents, and I still don't have a 15 recollection of him. 16 Q. Okay. Well, because you don't have a 17 recollection of it, does that mean that it didn't 18 happen? 19 A. Absolutely not. 20 Q. Okay. 21 A. No, I think it's likely that, I think it's 22 likely, based on everything I'm seeing, that he did 23 meet and talk with me at some point, especially judging 24 from this, that we opened a client number for him. 25 Because no other lawyer in the firm would decide that a 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 48 1 case goes to Edwin Jonas or someone else, it would have 2 been me. 3 Q. Did you ever handle cases with Edwin Jonas? 4 A. I presume so. 5 Q. What was Edwin Jonas' role in the firm? Now 6 you've already said of counsel. 7 A. Right. 8 Q. Was he -- 9 A. He, he -- I know that he had experience in 10 real estate. I didn't do any, you know, I do no 11 transactional work at all. And I represented a lot of 12 developers. I know that whenever there was a real 13 estate case that came in, a closing, I gave that to 14 him. 15 You know, other than that, I don't have a 16 recollection of what -- I see from this document that 17 I, he got involved in a code enforcement case. But I 18 have no -- I can't recall any specific case that I 19 worked on with him. 20 Q. Okay. I'm going to show you -- 21 MR. HANNA: I'm going to mark this, what is 22 this? 23 THE REPORTER: B. 24 MR. HANNA: B? 25 (Plaintiff's Exhibit B). 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 49 1 BY MR. HANNA: 2 Q. Can you tell us what that is? 3 A. This is a letter that you obtained and I 4 obtained from the Ocean Reef clerk, or Ocean -- 5 Q. Ridge. 6 A. Ocean Ridge clerk. 7 Q. We know what you meant. Is this your, look 8 like your letterhead from 1998? 9 A. Yes. 10 Q. Who was Jeffrey Bennett? 11 A. Jeffrey Bennett was an associate in the firm, 12 and it's my brother-in-law. 13 Q. Okay. 14 A. What about Paul Feltman. 15 A. Paul Feltman was an associate in the firm. 16 Q. And Alexander Varkas, was he a partner or 17 member, shareholder, whatever it is was? 18 A. Yeah. Well, named. 19 Q. Yeah. Now how did Jeffrey Bennett function 20 in the firm? 21 A. He was paid a salary. 22 Q. Okay. But what kind of role? Would he -- 23 A. He did litigation. All we did was 24 litigation. 25 Q. Now did they work separately or was it a 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 50 1 team-type situation? 2 A. It depended on the case. I mean, there were 3 cases that associates had that I would supervise and 4 they would primarily be responsible for. Then there 5 were cases that Jeff and I went to the Florida Supreme 6 Court on. Depended on the case. 7 Q. Now how did, if it did function differently, 8 did Edward Jonas function for the firm? 9 A. That's what I'm telling you, he was there 10 for, for a defined period of time when he was trying to 11 establish in Florida, and had, you know, ten years or 12 more experience as a lawyer. And he handled -- I 13 didn't supervise him, you know. I didn't treat him 14 like an associate. I would send him things. And I 15 don't remember specifically, but I suspect that, you 16 know, if he handled it, he would bill for it and he 17 would get the fee. I, I have a vague recollection, but 18 it, I have no, I would not rely on it, that either, 19 either -- Because I own the building. So he had an 20 office. And I think that I credited -- If he did work 21 on one of my cases, I'd credit it towards his rent 22 maybe. Something like that, you know. It was some, 23 some, some dealing with the fact that he was, you know, 24 operating out of my building. 25 Q. Do you, do you think maybe you paid him 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 51 1 hourly? 2 A. No, I don't think I paid him hourly. I think 3 I might have paid him for his time in a case or he got 4 his fees in the case, but I got a credit for what he 5 owed for rent. I have some general recollection, 6 something like that, but I could -- I would never swear 7 to it. 8 Q. Did he work on cases for you? 9 A. I don't remember what he worked on. I would 10 think, I would think that I had cases that he helped me 11 with. 12 Q. Okay. 13 A. But I, I can't remember one case that he 14 worked on. I haven't spoken to him in 15 years. 15 Q. Do you know where Edwin Jonas is? 16 A. No idea. 17 Q. Have you tried to find him? 18 A. No. 19 Q. Okay. Now regarding Paul Nicoletti, he was 20 the Ocean Ridge town attorney. Did you have any 21 contact with Mr. Nicoletti for the litigation involving 22 the Audubon property, Rich Lucibella? 23 A. I, I don't know. 24 Q. Okay. 25 A. I don't, I don't remember him. I remember 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 52 1 that Ken Spillias was, was the attorney, I think, for 2 the Town. It's my recollection, now that you mention 3 it. I haven't thought about that for years. But I do 4 remember Ken. I've litigated with Ken on a number of 5 cases, and I seem to remember Ken was involved in 6 mediations in that case. 7 Q. How long did that case last? 8 A. I don't remember. 9 Q. Referring you back to Exhibit B, the letter. 10 It says Exhibit A on the bottom but it's really Exhibit 11 B. 12 A. The letter to Mr. Nicoletti? 13 Q. Yeah. 14 A. Which says Edwin Jonas, and then he, he typed 15 it looks like of counsel for firm under the stationery. 16 So that shows you what a transient arrangement it was. 17 Q. Well, who was, in the corner it says ERJ:CSE; 18 do you know who that would be? 19 A. Edward R. Jonas and Carol Eugene. 20 Q. Okay. 21 A. Who was a paralegal who then became a 22 paralegal for North Miami. I smile when I see those 23 initials because when I started practicing in 1980 she 24 was at, she's a, was a Haitian woman, who was about 20, 25 and she was studying at Miami Dade Junior College, and 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 53 1 I was, got a call and was asked if we would consider 2 mentoring her. We did. She became a paralegal, and 3 she ultimately ended up working for the City of North 4 Miami Beach. She was with us for 10 or 15 years. It's 5 U-e-g-e-n-e. Carol Eugene. And I think she's in North 6 Miami. So that's, that's who typed the letter if you 7 want to contact her. 8 Q. Okay. Well, in the -- So it's possible she 9 typed "of counsel" for the firm? 10 A. Looks like a typewriter. 11 Q. Yeah. 12 A. So it's possible we even had a typewriter in 13 1990. 14 Q. I'm saying she -- You indicated Mr. Jonas 15 typed that in. 16 A. Well, I don't know who typed it. I, I don't 17 remember ever seeing this letter 'til, 'til I got it 18 from the clerk. 19 Q. Okay. In the second paragraph it says, "In 20 order to properly represent Mr. O'Hare at the Special 21 Master proceeding, we would need an additional 30 days 22 to prepare." 23 What do you take the "we" meaning? 24 A. I would think it would mean him and whoever 25 he's working with. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 54 1 Q. Okay. Would that have been possibly you? 2 A. Possibly me. 3 Q. You have no recollection of it? 4 A. I have absolutely no recollection of this. 5 Q. But based on this the firm, Sweetapple, 6 Broeker and Varkas, P.A. representing Christopher 7 O'Hare? 8 A. Well, I think that's a legal conclusion for 9 the judge. It's of counsel. The Settlement Agreement 10 says he represented the O'Hares, not the firm. 11 Q. Okay. 12 A. So that's a legal representation. You know, 13 I don't think any of this is even relevant to the, to 14 the determination based on, even if everything your 15 client said is true, I don't think that it, it 16 qualifies as a representation in the same or similar 17 matter under any stretch. 18 And, you know, my legal opinion, which I've 19 told you, is that this is just a bad faith litigation 20 strategy. Even if everything you said were true. But 21 I'm not here to give my legal opinion. I'll let the 22 judge decide if my firm was representing him. 23 Q. Why do you say that it's not similar? And 24 you make the representation it was similar. 25 A. Because you look at -- Because how, how -- It 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 55 1 has nothing to do with -- 2 Q. Okay. 3 A. -- anything that's happened 16 years later. 4 Q. Okay. Well, have -- 5 A. It couldn't. Your whole argument's legally 6 preposterous, and I'll be, I'm obviously seeking fees 7 under 57.105. And I just filed my motion in the 8 O'Boyle case, and after we have our evidentiary hearing 9 in this case I expect I'll do the same thing. 10 Q. Okay. Well, you're making the argument that 11 it's not the similar case. 12 A. Did this case involve a group of individuals 13 filing thousands of public records requests to Gulf 14 Stream and other towns in the, in the state for 15 purposes of, of frustrating and abusing process and 16 closing governments and shaking down governments to get 17 attorney's fees for a law firm that we allege is not a 18 bona fide law firm? 19 Q. Where do you, where do you get the contention 20 that that's where, that's what they're doing? 21 A. I'm just -- I'm saying is that what this case 22 is -- That's what I think, that's what I think the 23 current litigation is going to. I'll be filing 24 pleadings that you'll have before this evidentiary 25 hearing. There'll be a number of pleadings filed. And 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 56 1 when you see what this case is all about, I don't think 2 the litigation that you've described in 1998 had any 3 involvement with public records requests. I don't 4 think it had any involvement with the O'Boyle law firm. 5 I don't think it had any involvement with bogus, not 6 for profits that have been defrauding entities 7 throughout the state and holding themselves out as not 8 for profits. So we'll have, the judge will -- 9 Q. Are you familiar, are you familiar with all 10 the cases Mr. O'Hare has filed? 11 A. I'm not appearing in all the cases 12 Mr. O'Hare's filed. 13 Q. Okay. 14 A. I haven't -- So, so, no, I'm not. 15 Q. You've indicated before that you are 16 appearing, you're entering appearances in all of 17 Mr. O'Hare's cases. 18 A. That's for you to testify to. I -- 19 Q. Okay. You didn't send an e-mail to that 20 effect? 21 A. Not all his cases in terms of his, his -- I'm 22 handling the public records requests cases. 23 Q. That's all, that's all you're doing for the 24 Town of Ocean Ridge? 25 A. I intend to appear -- 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 57 1 Q. Sorry. The Town of Gulf Stream. 2 A. I intend to appear in all of his public 3 records request cases. There's insurance counsel and 4 other counsel in those cases. 5 Q. Did you ever make a representation that 6 you're going to be pursuing a civil RICO case against 7 Mr. O'Hare? 8 A. I'm not going to discuss confidential 9 settlement communications. 10 Q. That's not confidential settlement 11 communications. It's items that have been, that are 12 public record with Town of Gulf Stream. 13 A. I have, I have communicated with counsel on 14 that subject, and I'm not going to discuss those 15 communications. 16 Q. Have you discussed it with Mr. Morgan? 17 A. That's work product. I'm not going to 18 discuss it. 19 Q. That's the basis of your objection? 20 A. Yeah. Yeah, that's work product. 21 Q. Okay. 22 A. I think the Town is, has actually voted to 23 bring civil RICO claims against Mr. O'Hare and 24 Mr. O'Boyle, and I understand -- 25 Q. But you have nothing to do with that? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 58 1 A. I'm not going to -- That's my work product. 2 MR. HANNA: I'm going to show you, we'll mark 3 this as Exhibit C. 4 (Plaintiff's Exhibit C). 5 THE WITNESS: This is a reference to your 6 public records request cases. I don't know if you 7 have other cases that you're involved in. 8 BY MR. HANNA: 9 Q. Well, are you familiar with Mr. O'Hare's 10 Federal lawsuit? 11 A. Just generally. 12 Q. Okay. Well, you know that that's a 1983 13 action civil rights case? 14 A. I haven't -- I don't, I'm not familiar with 15 that. 16 Q. Defamation? 17 A. I'm not familiar with that. 18 Q. It's not similar to -- Would those case, 19 would those cause of actions be similar to what you 20 were -- 21 A. I'm not -- 22 Q. -- threatening Ocean Ridge with? 23 A. I'm not handling, I'm not -- The federal case 24 I understand there's insurance counsel. Right? 25 Q. Right. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 59 1 A. I've not been asked to take over any federal 2 case. And I don't know if you're handling it or not 3 but... I'm, I'm -- Have you filed a motion to 4 disqualify me in the federal case? 5 Q. No. 6 A. I presume you filed them in the public 7 records request cases. 8 Q. Is that your, an e-mail from you, does that 9 fairly accurately depict the e-mail? 10 A. Yes. But this was in reference to our 11 discussion of public records request cases. 12 Q. That's an e-mail you sent me? 13 A. Yes. 14 Q. Yes. 15 MR. HANNA: Where are the -- do you have the 16 exhibits? I can't tell you how many times I've 17 walked out with exhibits in my hand. 18 THE WITNESS: I'm famous for it. 19 BY MR. HANNA: 20 Q. So, then, as we sit here today, the only 21 cases you're representing the Town of Gulf Stream 22 against Mr. O'Hare are public records cases; that's it? 23 A. No, the only case that I have appeared in is 24 a public records case. 25 Q. So -- 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 60 1 A. But I am not -- I, I, I have not -- I'm, I've 2 not been asked to appear in any federal case that's 3 pending. 4 Q. Okay. So under your rational, until you 5 actually file a lawsuit and you file, or file a notice 6 of appearance, there's no representation? 7 A. I'm not here to give legal opinions or legal 8 conclusions. 9 Q. It's not -- I'm asking you to clarify your 10 response. You're saying because you never entered an 11 appearance, or because no lawsuit's been filed, that 12 you don't represent the, the Town of Gulf Stream in 13 these cases? 14 A. Are you asking me a fact question? 15 Q. Yes. 16 A. Okay. I, I have not reviewed your federal 17 case. 18 Q. Okay. 19 A. I have not been asked to give any opinions on 20 your federal case. I have not given any opinions on 21 your federal case. There's insurance counsel that's 22 handling that case. 23 Q. What about the lawsuit that the Town of Gulf 24 Stream filed against Mr. O'Hare regarding Polo Cove? 25 A. I have not reviewed that file. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 61 1 Q. Okay. 2 A. Nor have I been asked to provide any legal 3 services on that case. 4 MR. HANNA: Why don't we take a quick break. 5 THE WITNESS: Okay. 6 (Off the record). 7 BY MR. HANNA: 8 Q. Back on. What color was your hair in 1997? 9 A. Probably all brown. 10 Q. Okay. That was from your deposition of 11 Chris, you wanted to know what color your hair was. 12 A. Probably all brown. I was being facetious I 13 think. 14 Q. Yeah. 15 A. I know that my daughter was born in February 16 of that year. So while Mrs. O'Hare talks about her 17 being distracted. I don't think I slept in 1998. I 18 remember the colic and the walking on the dune more 19 than anything else. 20 Q. All right. Let's get back to it. See what 21 I've already covered. 22 All right. Joel Chandler; do you know him? 23 A. I'm not going to discuss my work product and 24 conversations with Joel Chandler. I didn't know him, I 25 didn't know him in 1998. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 62 1 Q. Well, currently you're dealing with Joel 2 Chandler as part of the representation of the Town of 3 Gulf Stream? 4 A. I'm not going to discuss that. 5 Q. You haven't filed any affidavits from Joel 6 Chandler? 7 A. I'm not gonna, I'm not going to discuss my 8 work product with Joel Chandler. 9 Q. Well, did you use Joel Chandler to make the 10 allegations against Christopher O'Hare regarding civil 11 RICO? 12 A. I'm not going to discuss any of my 13 conversations regarding Mr. O'Hare in this litigation, 14 any of my discussion with witnesses, any of my work 15 product or research or anything else in this 16 litigation. 17 Q. What about the conversations you've had with 18 non Town personnel where you've made representations to 19 Mr. O'Hare that you were going to file civil RICO cases 20 against him? 21 A. I'm not going to discuss any communications 22 I've had with any witnesses or any individuals 23 regarding the litigation. 24 Q. Did Mr. Chandler ever make any statements 25 against Christopher O'Hare? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 63 1 A. I'm not going to, I'm not going to disclose 2 the communications I've had with Mr. Chandler regarding 3 Mr. O'Hare. 4 Q. Okay. Well, did you represent that you 5 stopped Joel Chandler from providing information about 6 Christopher O'Hare? 7 A. I'm not going to disclose my conversations 8 even with you regarding Mr. Chandler that were made 9 during confidential settlement and mediation 10 proceedings, but... 11 Q. You're asserting that because it occurred in 12 a settlement -- 13 A. I'm not going to disclose my -- 14 Q. Didn't you tell, didn't you tell -- 15 A. The purpose for this deposition is 16 exclusively to determine whether or not your motion for 17 leave to disqualify me has any merit. The fact that 18 you're attempting to do something else that's not even 19 designed to solicit admissible evidence shows that, you 20 know, you're acting in bad faith. 21 Q. No. 22 A. So I'm not going to, I'm not going to testify 23 about -- 24 Q. This is -- 25 A. -- settlement negotiations. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 64 1 Q. Didn't you tell Mr. Desousa that settlement, 2 the privilege for settlement negotiations doesn't apply 3 in -- 4 A. I'm not, I'm not going to give you legal 5 opinions or conversations with lawyers. 6 Q. Okay. Now with Mr. Chandler, the reason why 7 it would be relevant is because you told Mr. O'Hare and 8 others -- 9 A. Mr. O'Hare? 10 Q. Yes. 11 A. -- that you stopped Joel Chandler from 12 discussing Mr. O'Hare when he gave his statement. 13 A. I have not spoken to Mr. O'Hare outside the 14 presence of any attorney. And I've only spoken to 15 Mr. O'Hare in a settlement conference that was deemed 16 to be a mediation conference. 17 Q. Do you remember telling me that you stopped 18 Mr. O'Hare -- 19 A. I'm -- 20 Q. -- or stopped Mr. Chandler from giving 21 information about Mr. O'Hare? 22 A. No, I'm not going to talk about our 23 conversations, other than to tell you that what you're 24 saying is false. I actually told you that I did not 25 have what Mr. O'Hare told me about Mr. -- Mr. Chandler 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 65 1 told me about Mr. O'Hare on the videotape, that I had 2 the discussions with him after the videotape. And 3 Mr. Chandler has made statements to me regarding 4 Mr. O'Hare, but they are my work product. 5 Q. Okay. 6 A. And, and I think that would have been clear 7 to you because I was able to, to ask Mrs. O'Hare about 8 Mr. Chandler's presence at meetings with Mr. O'Hare and 9 his attorney and the things that were discussed between 10 Mr. Chandler and Mr. O'Hare. 11 Q. Okay. Well, what were those things that were 12 discussed between Mr. Chandler? 13 A. That's my work product. But it's pretty 14 clear from my questioning and from Mrs. O'Hare's 15 answers that obviously Mr. Chandler or someone has 16 given me information about Mr. O'Hare's involvement 17 with Mr. Chandler and their attempts to use public 18 records requests for their illicit and illegal 19 purposes. 20 And I actually read from an e-mail at Mr. -- 21 Mrs. O'Hare's deposition where they talked about head 22 shots, targeting, making money. And while, while 23 Mrs. O'Hare talked about the fact that she thought it 24 was slimy; her testimony of who she was referring to 25 doesn't exactly jive with Mr. Chandler's. But when I 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 66 1 take Mr. Chandler's depo next month, you'll find my 2 work product. And I will be taking Mr. Chandler's 3 deposition next month, in this case. 4 Q. Okay. 5 A. Because I want to have all of my discovery I 6 can have done before I file my amended pleadings in 7 this litigation, which I intend to do before the Motion 8 to Disqualify me is heard. 9 Q. All right, then. When did you meet Joel 10 Chandler? 11 A. I'm not going to disclose my work product. 12 Q. Do you have any e-mails or confidential 13 information from -- given to you by Joel Chandler from 14 Mr. O'Hare? 15 A. I'm not going to disclose my work product. 16 Q. Do you have any -- 17 A. But if your, if you want non-work product, I 18 suggest you look at pleadings and responses that were 19 filed Friday in the case of Caffey (phonetic), an 20 alleged not-for-profit entity, that Mr. Ring is -- 21 MS. O'CONNOR: Is that Lou Radar calling? 22 THE WITNESS: Is Lou trying to get on? 23 MR. HANNA: Oh, yeah. Chris, how do you get 24 Lou on? 25 MR. O'HARE: I'm sorry, what's going on? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 67 1 THE WITNESS: Mr. Ring, who is sitting here 2 is apparently a director of Caffey and an employee 3 or partner of Mr. O'Boyle's, as well as the 4 resident member of the O'Boyle law firm. And that, 5 that entity, Caffey, sued my law firm, and there is 6 a response that was filed Friday, as well as a 7 motion to transfer that case to Judge Blanc. And 8 if you read my response, I think you'll, you'll see 9 our legal position. 10 BY MR. HANNA: 11 Q. What's that motion regarding? 12 A. A motion for order to show cause. There's a 13 response to it that we filed that outlines the law. 14 Q. For what? 15 A. For whether or not documents are confidential 16 or not. Aside from the crime fraud exception and the 17 fact there was joint representation by Mr. Chandler by 18 the firm that Mr. Ring ran and the Caffey organization 19 that he ran, and Mr. O'Boyle. Who somehow, Mr. Mitch 20 Berger showed up before Judge Blanc and said that 21 Caffey had given him, Mr. O'Boyle's attorney all the 22 records that they say I have that are confidential. 23 But Mr. O'Boyle testified he has nothing to do with 24 Caffey, which is apparently contrary to everything that 25 I have been able to learn from my work product. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 68 1 But if you're interested in my legal 2 opinions, I'm not going to give them to you. And if 3 you're interested in my work product, I'm not going to 4 give it to you. If you'd like to see my legal position 5 with regard to the issue of confidentiality, I suggest 6 you look at the bogus lawsuit that Caffey has filed 7 against my law firm, alleging that there's an 8 appropriate order to show cause, and my response as to 9 why there's no privilege. If there was a privilege, 10 it's been waived. Why the crime fraud exception 11 creates no privilege because Caffey was involved in 12 fraudulent and criminal conduct. 13 Q. Do you have any documents from Joel Chandler 14 that were generated by Mr. O'Hare or any of his 15 attorneys? 16 A. I'm not going to disclose my work product at 17 this time. 18 Q. You've already, you've already indicated that 19 you've disclosed this to the court so... 20 A. I disclosed -- You have to read my pleading, 21 and you'll see the pleading. 22 Q. Isn't it true that a matter that's not 23 confidential in the client's hand isn't confidential 24 just because the lawyer has it? 25 A. I'm not going to debate the law with you. I 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 69 1 just said, if you want to talk about Caffey, I'm making 2 you aware that there are pleadings -- 3 Q. I'm not talking about Caffey. 4 A. -- that were filed. 5 Q. I'm talking about Christopher O'Hare. 6 A. Christopher O'Hare, what do you want, what do 7 you want -- You want my work product with regard to 8 Christopher O'Hare? Do you want to know what I'm 9 thinking? Do you want to know what I'm going to do? 10 Q. No, I want to know what you've been given by 11 a third person, that's not work product, that's 12 information, that's facts, it's documents. 13 A. Then I suggest you look at the other bogus 14 case that was filed which was the Caffey versus 15 Chandler file where I was subpoenaed, and there's a 16 memo in that case, as part of our motion for protective 17 order, that discusses when something's work product and 18 when it's not. 19 I'm asserting the work product privilege and 20 I'm happy to debate the law with the judge with you. 21 Q. What cases do you represent the Town of Gulf 22 Stream in versus Mr. O'Hare? 23 A. I'm not going to disclose that. I've told 24 you, cases I'm not, but I'm not going to disclose what 25 I am doing. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 70 1 Q. Do you remember a Sun Sentinel reporter named 2 Merl Augustin? Augustin. A-u-g-u-s-t-i-n? 3 A. I don't recognize that name. 4 Q. Do you remember them possibly from coverage 5 of the Ocean Ridge matters? 6 A. From when, 1998? 7 Q. Yes. 8 A. Which Ocean Ridge matter are you referring 9 to? 10 Q. The apartment complex that you were involved 11 in with the code enforcement? 12 A. I don't even recall being involved in an 13 apartment complex, much less a reporter. Do you have 14 some article you can show me that I'm quoted in? 15 Q. You've been given the articles that we have 16 regarding the incident. I'm not sure if you were 17 quoted in any of them. 18 A. I've looked. I didn't see my name anywhere, 19 and I didn't recognize or remember anything in the 20 article. 21 Q. That's what I'm asking you. 22 A. None. 23 Q. If it jogged any memory -- 24 A. None. 25 Q. -- or did it help you remember anything? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 71 1 A. None. 2 Q. Di you ever represent Emil Dancui in regard 3 to Mizner Park? 4 A. I did. 5 Q. Did you ever have a retainer agreement with 6 him? 7 A. I don't recall. I, I represented him in a 8 suit against the City of -- I think a derivative suit. 9 I think I represented him as Mayor of Boca Raton. You 10 asked if I represented other entities. 11 Q. You also represented him in an ethics 12 violation? 13 A. Right. Because he did not -- Because I did 14 not charge him and I did it without a charge, as I 15 recall they deemed that to be a donation to him. I did 16 it as a public service when they tried to open a, a 17 business on land that was zoned for public use in 18 Mizner Park. 19 Q. Now when was that, what timeframe? Early 20 '90s, late 90s? 21 A. Let's see, Mizner Park opened in early '90s, 22 '90, I'd say it was '93, '94 that I represented the 23 Mayor of Boca Raton. 24 Q. And that involved a administrative hearing 25 with the State of Florida? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 72 1 A. Oh, that was after we filed the lawsuit. We 2 filed the lawsuit, as I recall Emil, I represented 3 Emil, and I filed the lawsuit saying that the city was 4 using public land for a private department store. And 5 then Mike Moskowitz, then after Emil filed it, a group 6 of citizens came in, they hired Mike Moskowitz, and the 7 development was stopped. And then Al Travasos, who was 8 a city councilman on the other side of the issue, filed 9 an ethics charge against Emil, and I went to 10 Tallahassee for that. And they found -- They 11 reprimanded him because he and I both candidly admitted 12 that I was not doing this for money, that I did it 13 because he asked me, because I thought it was the right 14 thing to do. And that was deemed to be a donation or, 15 or something. 16 Q. But the case itself involved land use and 17 lease agreements regarding the properties? 18 A. The land use -- The case involved a bond 19 issue that had designated specific areas of Mizner Park 20 to be used for public amenities; to wit museums. And 21 the Town attempted to locate a retail operation and it 22 signed a lease. And that was before Judge Redd, and I 23 think Scott Richardson was my co-counsel. Early -- I 24 mean, you're talking, now we're talking 30 years ago. 25 That's my best recollection. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 73 1 But normally I have a pretty good 2 recollection when, you know, people have, when I've 3 done something that I had some kind of involvement in. 4 That was a lawsuit and it went on for some time. 5 Q. Scott Morgan. 6 A. Scott Morgan. 7 Q. Yes. 8 A. Mayor of Gulf Stream. 9 Q. Did you know him before he was the Mayor? 10 A. Not well. But I knew, I knew him casually, 11 socially. Never represented him or had any dealings 12 with him. 13 Q. Now when you say socially. Were you guys 14 good friends or? 15 A. He had his -- No. His, one of his daughters 16 was at Gulf Stream when my oldest or second daughter 17 was there. And his son was at Gulf Stream when my 18 youngest daughter was there. So when he did go to the 19 school and I was at the school I would see him there. 20 Q. Okay. How did you become involved with these 21 lawsuits with Gulf Stream? 22 A. I'm not going to discuss my work product, my, 23 my communications with my client on that topic. 24 Q. Was it Scott Morgan that contacted you about 25 getting involved? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 74 1 A. I'm not going to discuss that. 2 Q. Before he was Mayor? 3 A. I'm not going to discuss that. 4 Q. And you represented Scott Morgan prior to 5 representing the town? 6 A. I appeared at a deposition of Scott Morgan. 7 Q. Okay. So that wasn't representing him? 8 A. I, I think it was in his individual capacity. 9 Q. But do you consider that representing him? 10 A. Well, that's a legal conclusion. But my 11 opinion would be that I represented him at a 12 deposition, yes. 13 Q. Well, is there, was there attorney/client 14 privilege between you and Scott Morgan as a result of 15 that representation or -- 16 A. That's a legal conclusion. 17 Q. So as you stand here today, you don't know 18 whether you had attorney/client privilege with Scott 19 Morgan when you represented him during that deposition? 20 A. In other words, did I discuss something that 21 was privileged? 22 Q. Yes. 23 A. A, I'm not going to answer that, because if I 24 did it would be privileged. I appeared at a deposition 25 and made objections on the record so... 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 75 1 Q. But you don't consider that to be 2 representation? 3 A. If I, if I -- I didn't say that. I said I 4 represented him in a deposition. Whether or not I had 5 lawyer/client communications with him that I would 6 consider privileged, that's privileged. 7 Q. I said do you feel that that would be 8 applicable to your communications? 9 A. Why are my feelings being asked about here? 10 Why aren't we dealing with -- 11 Q. Not your feelings. I'm asking you, when you 12 represented Mr. Morgan individually, was there an 13 attorney/client relationship? 14 A. That's a legal conclusion. And, and I don't 15 think it has -- I'm not going to discuss other, other 16 legal work I've done for people. 17 Q. Well, did you -- Do you have to have a 18 representation contract for there to be attorney/client 19 privileged relationship involved? 20 A. Why are you, why are you asking me to give 21 legal opinions on matters that are obvious black letter 22 law? I served as the vice chair of the Ethics 23 Committee for the Florida Bar for many years. You know 24 and I know that for there to be a lawyer/client 25 representation there doesn't have to be a written 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 76 1 agreement, there doesn't have to be payment. There's 2 all kinds of cases on this. 3 Q. Thank you. 4 A. Okay. So -- 5 Q. So what's the answer to my question? 6 A. So if you're, if you're saying that 7 subjectively Mr. O'Hare thought I was his lawyer on 8 something, you're going to make that argument to the 9 Court. But my opinion on what the state of the Florida 10 law is on that subject is really unnecessary. 11 Q. Have you ever testified as an expert before? 12 A. I have. On dozens of occasions. 13 Q. Okay. Do you consider yourself an expert in 14 the legal field? 15 A. Depends on the area. 16 Q. Okay. Well, regarding client relationships? 17 A. I have testified dozens of times on the topic 18 of legal fees, because I was the chair of the Fee 19 Arbitration Committee in Dade County for many years. 20 And I'm not here as an expert, you haven't paid me. If 21 you want to call an expert at the time of our hearing 22 to disqualify me, you're welcome to do whatever you 23 need to do. 24 But I'm not here as an expert. I'm not going 25 to give you my legal opinions. Even though I 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 77 1 volunteered a couple of them to you so I get you to 2 move on to something relevant. 3 But what, what, why do you want to know if 4 I'm, if I'm a legal expert? 5 Q. Well, I'm asking you some questions regarding 6 whether you had a representation agreement with a 7 client. You've already testified that -- 8 A. That's not calculated to lead to discovery of 9 admissible evidence in this case, and I'm not going to 10 answer it. Keep going. I'm not going to talk about my 11 other clients. 12 Q. Okay. Mr., Mr. O'Hare, did you represent him 13 or not? Yes or no? 14 A. I -- I, I don't have any recollection of 15 Mr. O'Hare. 16 Q. Despite seeing the memorandum, despite seeing 17 your letterhead signed by Edwin Jonas -- 18 A. Mm-hmm. 19 Q. -- you do not feel that you had any 20 represent -- any attorney/client relationship with 21 Mr. O'Hare in 1998? 22 A. I have no recollection of having any 23 communication with Mr. O'Hare at all. None whatsoever. 24 I don't, I don't -- I didn't recognize Mr. O'Hare when 25 he came up to me at City Hall. So whether or not the 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 78 1 documents you have produced and Mr. O'Hare's testimony 2 will establish a lawyer/client relationship or the 3 extent of it will be decided by Judge Blanc; not me. 4 Do you have a retainer agreement? Do you 5 have a billing? Do you have, do you have any notes? 6 Do you have a memo to him? An e-mail? We didn't have 7 e-mails. Do you have any communication between he and 8 I? 9 He's testified as if I've been to his house, 10 I've been to the City Hall with him. He made all these 11 allegations in his motion before he went looking for 12 records. And then you went scrambling to City Hall to 13 see what you could find. And I've heard about press 14 conferences. It seems that Mr. O'Hare has a very 15 active recollection of my events. 16 Q. So Mr. O'Hare's delusional, then? 17 A. I don't know if he's delusional, but he seems 18 to be making statements about a representation that 19 doesn't seem to be borne out by any documents I've 20 seen. I've asked repeatedly, do you have something 21 concrete to refresh my recollection? He's testified 22 about payments. He said he got money, put money in my 23 trust account and got a refund. I looked at my, my 24 billing package and there's no, no trust account 25 deposit. Normally my retainers on litigation are 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 79 1 nonrefundable. And my initial retainer is a 2 nonrefundable retainer. So if he got a refund, that 3 would indicate to me that that's outside the norm of my 4 practice, A. And, B, how much work would I have done 5 if I would have given him a refund? But my records 6 show no time in my system for me representing 7 Mr. O'Hare. 8 Q. But those -- 9 A. And I make a living filling out time slips 10 and getting paid for my time. 11 Q. Those records aren't your complete file in 12 this matter. 13 A. They could be. They could be. I may not 14 have anything more than that. I may not have ever had 15 any more than that. That's why I'm waiting for 16 Mr. O'Hare, who has made all of these statements under 17 oath, to show me something that bears this out where I 18 represented him in litigation with his neighbor, where 19 I represented him with regard to a State Attorney. 20 Where I, you know, was at a press conference, where I 21 was at City Hall with him. Where I came to his home, 22 you know. I'm, I'm waiting, I'm waiting to see just 23 how senile I am. 24 Q. So Mr. O'Hare's testimony regarding that 25 isn't sufficient in your mind? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 80 1 A. I, I attend, either myself or to have counsel 2 there, and I think Mr. O'Hare is subject to 3 considerable impeachment, but that's just my legal 4 opinion. This isn't the place to debate it. The place 5 to do that is in the courtroom, and we will. 6 Q. Did you represent Shelly O'Hare also? 7 A. I, I saw Mrs. O'Hare for the first time at 8 that deposition. I don't remember ever seeing her in 9 my life. I don't remember ever being at her house. I 10 don't believe I was ever at City Hall with Mr. O'Hare. 11 And she testified she was in the Class of '74. I was 12 in the Class of '72 at Nova High School. Maybe I saw 13 her in high school. I don't even know what her maiden 14 name was. 15 Q. Well, if Shelly O'Hare was the owner of the 16 building, the subject building -- 17 A. She wasn't. 18 Q. If she was -- 19 A. That's a hypothetical. She wasn't. 20 Q. Okay. 21 MR. HANNA: (Handing). Mark these as -- What 22 are they? Where are we at? C and D? 23 THE REPORTER: D. 24 MR. HANNA: D and E. Take a look at those. 25 MS. O'CONNOR: Which one's D and which one's 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 81 1 E? 2 MR. HANNA: The 2000 -- Hold on a second. 3 The 1996 deed is D, and E would be the March 1st, 4 2001, deed. 5 (Plaintiff's Exhibit D and E). 6 THE WITNESS: So you're testifying she owned 7 it with Mr. O'Hare? 8 BY MR. HANNA: 9 Q. Yes. There was -- 10 A. The Settlement Agreement said to the 11 contrary; didn't it? 12 Q. No, the Settlement Agreement was signed by 13 Shelly O'Hare also. 14 A. Some document referred to a -- 15 Q. No, this was the deeds for these properties. 16 A. Yeah, but one of the documents you show me 17 from, at the deposition, referred to an entity, an LLC 18 or something. 19 Q. Right. That's what they -- In March 2001 20 they sold the property or transferred the property to 21 Ocean Ridge Holdings, LLC, in 2001. '96 they owned it 22 together. 23 A. Okay. 24 Q. The code enforcement hearings were against 25 them personally. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 82 1 A. Personally? Okay. Well, then, that makes me 2 feel like Mr. Jonas at least had the right parties on 3 the Settlement Agreement. 4 Q. Okay. 5 A. When I look at this now. Because the 6 Settlement Agreement referred to them individually, and 7 at the depo there was a reference to an LLC owning it. 8 But that occurred after the settlement. 9 Q. So as part of the representation, your firm 10 would have represented Shelly O'Hare also? 11 A. I don't even concede that my firm represented 12 Mr. O'Hare. I think that Mr. Jonas did. I made a 13 phone call for Mr. O'Hare based on that memo. 14 Q. So when you made that phone call, you don't 15 consider that to be representation? 16 A. That will be for the judge to decide. I, 17 I -- 18 Q. Okay. 19 A. I would think that if you make a phone call 20 for somebody, that could be deemed representation. 21 Q. Okay. 22 A. I think, I think that -- 23 Q. But your position is that you did not 24 represent Christopher O'Hare? 25 A. My, my position is I don't even recall him. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 83 1 Q. Okay. 2 A. And all I have is what you, what I've gotten 3 from the clerk of -- 4 Q. Do you remember conversations with Edwin 5 Jonas about the O'Hare case? 6 A. No. 7 Q. Okay. Do you remember if you referred the 8 case to Edwin Jonas? 9 A. The only thing that has refreshed my 10 recollection about any of this are the documents you've 11 shown me here and the Settlement Agreement which has 12 his name on it, and the fact that it was a Monday and 13 it shows who was there and I wasn't, and last week 14 when, pursuant to your subpoena, they gave me a screen 15 shot of Mr. O'Hare and it has Mr. Jonas' initials on 16 April 6th, the day before he wrote the letter that he 17 signed of counsel. 18 Q. How far back do the financial records go for 19 your firm? 20 A. For the Day Pics records? 21 Q. Whatever the financial records indicating 22 whether there was a deposit made. 23 A. I don't know. I haven't asked. 24 Q. Okay. 25 A. That, the Day Pics records I presume go back 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 84 1 from when we started with Day Pics. 2 Q. When did you -- What is Day Pics? 3 A. That was the program that we used for, for 4 generating bills. 5 Q. Case management -- 6 A. Case management. 7 Q. -- system? Like Client Profiles? 8 A. It's a dinosaur. 9 Q. Time Slips, whatever? 10 A. It's a dinosaur. 11 Q. It's not Client Profiles at least. 12 A. Compared to what I have now it's a dinosaur 13 but... 14 Q. Well, did you check any bank records? 15 A. I don't have bank records back to 1998. 16 Q. Okay. So those records wouldn't exist 17 currently? 18 A. I imagined if we knew which bank. I mean, I 19 think I banked with Boca Bank when I -- 20 Q. Okay. 21 A. In the '90s. I don't think Boca Bank -- I 22 don't even know who Boca Bank is now. 23 Q. So it probably would be impossible to get 24 those? 25 A. I'm speculating. I haven't tried. I thought 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 85 1 Mr. O'Hare, based on his testimony in his deposition, 2 would have, have some documentation to help refresh my 3 recollection. 4 Q. And the name -- 5 A. To solidify his position. 6 Q. And the name of the bank that you had was 7 Boca Bank? 8 A. I remember I banked with Boca Bank for some 9 time in the '90s. And they were at Mizner Park. And 10 Phil Pye was the president. 11 Q. Have you read any of the Florida Statutes 12 regarding the public records law? 13 A. Sure. 14 Q. Have you -- 15 A. Are we here to get my legal opinion on public 16 records law which is the subject of our litigation? 17 Q. I'm going to ask you some questions about 18 this particular case. 19 A. I'm not going to answer questions in a Motion 20 For Leave to Disqualify me -- 21 Q. Okay. 22 A. -- about the underlying lawsuit and the law 23 that pertains to it. 24 Q. Didn't you just in Shelly O'Hare's deposition 25 take the contrary position, that that was appropriate 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 86 1 subject matter to inquire with her about? 2 A. I can ask witnesses questions, material 3 witnesses and parties. I'm the lawyer in this case, 4 Mr. Hanna. There's a whole different standard. I 5 could have moved for a protective order as to my depo, 6 but because I wanted to have a complete record of the 7 testimony as it relates to your Motion to Disqualify, I 8 agreed to appear before you even subpoenaed me. 9 But I'm not going to debate the law that 10 underlies this litigation. Except in the courtroom. 11 Q. Did you take part in filing the Bar complaint 12 against Jonathan O'Boyle? 13 A. I'm not going to testify about any 14 administrative or criminal proceedings that have been 15 filed by anybody. And I'm certainly not going to 16 discuss Bar complaints, which I presume are to be 17 confidential. 18 Q. Do you have your -- 19 A. Are you, are you referring to Mr. Chandler's 20 sworn affidavit that was filed that concerned 21 allegations of Jonathan O'Boyle's felony practice of 22 law in the State of Florida? Unauthorized practice of 23 law? That's, that's -- 24 Q. No. What are you talking about? 25 A. Mr., Mr. Chandler's affidavit was filed in 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 87 1 one or more of these public records cases. I think in 2 the Caffey case as well. And he's made allegations 3 that Mr. Jonathan O'Boyle was practicing law full-time 4 in the State of Florida, was not licensed, was handling 5 cases, was taking over cases. But that's, that's, 6 that's filed -- that's his testimony in a, in a case, 7 and that will go to the issue of whether or not the 8 O'Boyle law firm has any entitlement to fees when we 9 get to that juncture in the pleadings, which we're not 10 there yet. 11 But as to a Bar complaint, I would presume 12 that that would be confidential, and I'm not going to 13 testify or talk about Bar complaints. 14 Q. Well, the affidavit from Joel Chandler, where 15 was that? That was filed in something? 16 A. Yeah. It's been filed repeatedly in cases. 17 It's filled in the O'Boyle case. It's filed in the 18 Caffey case. It's a matter of public record. 19 Q. Okay. 20 A. And he goes into great detail. 21 Q. Did you file that in any of Mr. O'Hare's 22 cases or was it filed in Mr. O'Hare's cases? 23 A. I don't think it's been filed in Mr. O'Hare's 24 case. 25 Q. Does it mention Mr. O'Hare? 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 88 1 A. I have to look -- You have to look at it and 2 see. It's a matter of public record. 3 Q. What about his sworn statement, was that 4 filed with anything? 5 A. I'm not going to testify -- I'm not going to 6 disclose my work product in that regard. I've 7 disclosed to you public records. 8 Q. That's what I'm asking you, if his statement 9 was filed in anything? 10 A. I'm not going to disclose where that, that 11 has gone. If anywhere. 12 Q. And what's the basis for not discussing the 13 bar complaints? 14 A. Work product and confidentiality of 15 proceedings, pursuant to Florida law. 16 Q. Okay. Did you meet with Scott Morgan prior 17 to his deposition on March 26th? 18 A. I'm not going to discuss my meetings or 19 discussions with people. 20 (Thereupon, Mr. King left the room). 21 Q. So anything that I ask you regarding Scott 22 Morgan and any communications you've had with him, 23 you're not going to answer? 24 A. Not in the context of me -- 25 Q. Okay. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 89 1 A. -- providing any legal representation or 2 something he might deem was legal representation. It's 3 the client's right to decide subjectively whether or 4 not I was an attorney, and to decide subjectively 5 whether or not they communicated to me in a 6 confidential manner, as you know. 7 So I would never presume to disclose what 8 people said to me until I've spoken to that person and 9 had their permission. Because I don't want to be the 10 subject of a Bar complaint, because I haven't yet. 11 Q. Now regarding the public records cases that 12 are pending by Mr. O'Hare and the Town of Gulf Stream; 13 you've made an appearance in one case? 14 A. That's correct. 15 Q. Why did you make an appearance in one case 16 and not the others? 17 A. Well, you filed a motion to disqualify me, 18 and I thought the best thing to do was before filing my 19 pleadings and amending my pleadings and filing answers, 20 affirmative defenses and counterclaims, that I owed it 21 to Mr. O'Hare, and the court system, to let the judge 22 decide whether or not you filed this motion in bad 23 faith as a litigation strategy, or whether or not the 24 Court thinks there's any merit to it whatsoever. And 25 you filed a motion to disqualify me -- 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 90 1 Q. Why would it be -- 2 A. You filed a motion to disqualify me in cases 3 I haven't even appeared in yet. 4 Q. The cases you indicated that you were going 5 to be filing an appearance in. 6 A. Right. 7 Q. You filed a notice of appearance in, when in 8 this case, 17717? 9 A. I don't know the date I filed that. 10 Q. April 30th? 11 A. It's a matter of record. 12 Q. Okay. So you file a motion, you file an 13 appearance in one case in April? 14 A. Mm-hmm. 15 Q. You don't file any other appearances until 16 September 8th when you indicated that you're going to 17 be involved in all the cases against Mr. O'Hare in 18 Gulf, against Gulf Stream. How is that bad faith, or 19 how is that litigation strategy, to file the motion to 20 disqualify, after you notify us that you're going to be 21 taking on all the cases? 22 A. Mr. Hanna -- 23 Q. Yes. 24 A. -- I'm not going to argue my case with you. 25 It's my legal opinion, as often is the case, that 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 91 1 opposing parties file motions to disqualify counsel 2 because they don't want that counsel to be litigating 3 against them and to try to stop the litigation. 4 Your, your theory, your theory that any of 5 the representation that I'm undertaking for Gulf Stream 6 in any way relates to anything that I achieved for 7 Mr. O'Hare in 1998 is so preposterous that it's silly. 8 The cases and the ethics opinions say that means I have 9 to be attacking a result I obtained for him in the 10 prior representation. That's the standard. Okay? I 11 have to be doing something now that actually affects a 12 result I obtained for him in 1998. 13 Mrs. O'Hare's statements that I know 14 Mr. O'Hare's mind or, or your, your ridiculous 15 pleadings that Gulf Stream borders Ocean Ridge, okay, 16 are legally preposterous. 17 Q. Okay. 18 A. You are wasting everyone's time and money. 19 That's my opinion. 20 Q. Okay. Your opinion -- 21 A. So don't ask me -- 22 Q. We're talking about your opinion here. If a 23 client discloses -- 24 A. I'm not going to keep debating my opinions 25 with you. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 92 1 Q. A client discloses to you mental health or 2 healthcare information to the lawyer -- 3 A. Mm-hmm. 4 Q. -- and the lawyer could use that in 5 representing his new client; isn't that true? 6 A. Okay. I'm not going to debate -- 7 Q. You're making these statements but you don't 8 want, you don't want to back it up. 9 A. Because you keep wanting to have an argument 10 with me about the law. 11 Q. I'm not -- 12 A. Let's do it in court. 13 Q. You're making these arguments that that's 14 not a -- 15 A. Okay. 16 Q. How could Mr. O'Hare's, your prior 17 representation of Mr. O'Hare, how could he -- how could 18 you possibly use that against Mr. O'Hare in his current 19 litigation. You sent Mr. O'Hare to a mental healthcare 20 professional. 21 A. No, I didn't. 22 Q. Yes, you did. 23 A. I don't think, I don't think Dr. King is a 24 psychologist or a psychiatrist. 25 Q. He's a psychotherapist. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 93 1 A. He's not, he's not a mental healthcare 2 professional. He's a counselor. 3 Q. So Dr. King is not a mental, mental health -- 4 A. I don't -- I wouldn't use that term for him. 5 I don't think he's a psychiatrist -- 6 Q. What do you call him? 7 A. -- or a psychologist. 8 Q. What would you call him? 9 A. I'd call him a counselor. 10 Q. Okay. He doesn't provide mental healthcare 11 services? 12 A. That's a conclusion I can't even reach. I 13 don't know. 14 Q. Well, you've -- 15 A. I've never seen -- 16 Q. -- you've made the conclusion before when you 17 referred people to him. 18 A. He's -- 19 Q. You talked about the daughter of somebody 20 that had anorexia -- 21 A. Right. 22 Q. -- or wasn't eating. 23 A. Yeah. 24 Q. That's not a mental health issue? 25 A. No, but he sends people to various doctors 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 94 1 and to professionals and rehab, and he's been involved 2 in putting people in rehab, sending them to eating 3 disorder people, psychiatrists. He works with 4 psychologists. He's done anger management classes. 5 He's done all kinds of counseling. 6 Q. Okay. 7 A. I don't know that I would call him a mental 8 health professional. I mean, you could call him that I 9 guess. I don't know the definition. 10 What I'm suggesting to you, Mark, is that I 11 don't think your motion is bona fide. This isn't the 12 place to discuss that. Let's try it before the judge. 13 You think it's going to take three hours. I think it's 14 going to take 30-minutes. 15 Q. 30 minutes after a five hour deposition? 16 A. Listen, we'll, we'll -- 17 THE REPORTER: I'm sorry? 18 THE WITNESS: We'll discuss this some other 19 time. I've given you my, my opinion. I'm sitting 20 here answering your questions about my involvement 21 in 1998. 22 BY MR. HANNA: 23 Q. Which you -- 24 A. That you -- 25 Q. -- you have no recollection of having any 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 95 1 involvement; that's right? 2 A. I had -- I don't remember Mr. O'Hare at all. 3 Q. You don't remember referring Mr. O'Hare to 4 Heath King? 5 A. That's the fourth time you've asked me that 6 question. 7 Q. Yes. Do you remember referring Mr. O'Hare to 8 Heath King? 9 A. I do not remember ever talking to Mr. O'Hare. 10 I don't remember ever meeting him. And what I've said 11 to you, on at least three occasions is, it was my, it 12 has been my practice, since at least 25 years ago, that 13 for any number of reasons I have, I have recommended 50 14 to a hundred, maybe more than a hundred people, that if 15 they have any kind of issue at all that involves 16 anything, emotional, social, interpersonal, that I, 17 that I give them his name. And I have been, you 18 know -- 19 Q. That, that has been your answer three or four 20 times. 21 My question is, do you recall specifically 22 referring Chris O'Hare to Heath King? 23 A. Okay. 24 Q. Not speculating on what you have done with 25 other people. I'm talking about this specific 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 96 1 instance. Do you remember; yes or no? 2 A. Let me, let me try again. Let me try again. 3 No for the third or fourth time to that exact answer. 4 And what I'm going to do, at the end of the deposition, 5 is I'm going to have an associate make a list of every 6 time you've asked the same question, and then we'll ask 7 the judge whether or not I should get fees for being 8 here. 9 Q. Typical, the threatening. 10 A. I'm not threatening. I'm saying that's what 11 I'm going to do. Because you don't understand that 12 you're asking the same -- 13 Q. Because you editorialize every time someone 14 asks you a yes or no question? 15 A. We're here, we're here at 20 of two. I've 16 told you no, but I've told you also that if Mr. O'Hare 17 says that I recommended Heath King to him, that's 18 likely true. Because that would be very consistent 19 with my pattern of practice. And as I said to you and 20 him prior to this depo, and I've said twice in this 21 depo, the fact that he says that makes me believe that 22 he and I discussed Heath King and that I recommended 23 Heath King for some reason. 24 Q. What about the fact that Mr. O'Hare says that 25 you discussed his mental health and issues that were 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 97 1 going on in his life? 2 A. I don't have any recollection of that at all. 3 And, and I -- I don't. 4 Q. So you believe part of it but not all of it? 5 MS. O'CONNOR: Objection. Mischaracterizes 6 his testimony. 7 THE WITNESS: I'm speculating. I'm 8 speculating. I have, I have no recollection at all 9 of Mr. O'Hare or speaking to him. So I'm 10 speculating that what he said about Heath King is 11 accurate. 12 MR. HANNA: Let's take a quick break. 13 THE WITNESS: Okay. 14 (Off the record). 15 MR. HANNA: One last inquiry. 16 MR. O'HARE: Are we back on the record? 17 MR. HANNA: Yeah. 18 MR. O'HARE: Okay. 19 BY MR. HANNA: 20 Q. Do you have a situation with Delray Beach, or 21 Deerfield Beach, the Deerfield Beach Club? 22 A. I have a lawsuit, yes, I'm representing. 23 Q. What does that involve? 24 A. It's a matter of public record. There's a 25 lawsuit pending regarding land use of oceanfront 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 98 1 property. 2 Q. Is there any -- 3 A. It's almost settled, but we're waiting for a 4 vote of the council to approve a settlement. There's a 5 stay that's been entered. 6 Q. Now did you put a mobile trailer on to the 7 property? 8 A. My client did, yes. 9 Q. Who's your client? 10 A. Deerfield Beach Club, LLC. 11 Q. Are you a member? 12 A. I'm, I'm a member. I think it's in a 13 corporation I'm the president. 14 Q. Okay. What was the purpose of putting the 15 trailer on the beach? 16 A. To use it. It's got paddle boards in it and 17 beach chairs and suntan lotion and coolers, and I think 18 right now my son is there with about eight of his 19 college friends playing volleyball and hanging out. 20 Q. Would you consider the parking of the trailer 21 to be harassment? 22 A. No. It's perfectly legal. It's a lawful use 23 of the property. 24 Q. Okay. So actually using, doing something 25 that's legal or you have a right to do wouldn't be 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 99 1 considered harassment? 2 A. It depends. You can -- Legal actions can be 3 harassment. There are things you can do that are legal 4 that are harassment. You're asking me a legal opinion 5 in certain matters, sure. 6 Q. How many times have you sued the, or 7 threatened to sue the City of Boca Raton? 8 A. How many times have I sued them? 9 Q. Or threatened to sue them. 10 A. I don't know. In terms of actually suing 11 them... I sued them in the Emil Dancui case. I sued 12 them in a land use case in the '90s that I, that I got 13 a summary judgment from Judge Baker on involving the 14 redevelopment of Palmetto Park Road. 15 Most of the time I've litigated with them 16 they've been the plaintiff, eminent domain. How many 17 times have I sued them, other than those two... Land 18 use, other land use cases? I can't think of any other 19 cases where I've sued them other than those two. 20 Q. Were those multiple clients or a single 21 client? 22 A. The case, the case that we got a summary 23 judgment before Moses Baker in 1998 or whatever that 24 changed the land use on Boca Raton Road was a two 25 plaintiffs case. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 100 1 Q. What percentage of your, of the lawsuits that 2 you have handled, how many would you say that were 3 against a government body? 4 A. What percentage? 5 Q. Yeah. 6 A. Five. 7 Q. Five percent. Over the years? 8 A. Yeah. 9 Q. Okay. 10 A. Maybe less. The adage is you don't sue City 11 Hall unless you can win. 12 Q. That question was how many times you've sued, 13 percentage that you've actually sued, represented a 14 party against a government entity? 15 A. Against any government entity? 16 Q. Yeah. 17 A. I'd still say about five percent. I mean, 18 I -- You don't, you don't take on litigation against 19 governments unless you are well funded and you have a 20 clear claim. So I've -- You know, I'm talking about -- 21 I mean, I have a case against Sunrise in federal court 22 now. I have a case that we just filed against Palm 23 Beach Gardens. I would say if I have a hundred cases 24 in my office, I never have more than five against a 25 government entity. 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 101 1 Q. And the other 95 percent, who are they? 2 A. They're commercial, general, you know, gamut 3 of civil litigation. But non-PI, non-domestic. 4 Q. Okay. 5 A. You're not going to ask me what I want for 6 Christmas? 7 Q. What do you want for Christmas? 8 A. I don't know. World peace? 9 Q. That's a copout answer. 10 A. Pretty funny. I keep telling my family 11 there's nothing I need but that's because I don't want 12 them to spend any more money. 13 Q. Same with me. Don't get me any gifts. 14 A. Please, let's stop the shopping now. 15 Q. Last minute gifts are usually expensive. 16 A. Oh, boy. I'm going to leave here and go to 17 the bank. 18 MR. HANNA: All right. I don't have anything 19 further. 20 THE WITNESS: Okay. Thank you very much. I 21 hope you guys have a great holiday. I'll read. 22 MS. O'CONNOR: He'll read. 23 (Proceedings were concluded at 2:34 p.m.) 24 25 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 102 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 I, Mary Hengstler, the undersigned authority, 7 certify that ROBERT SWEETAPPLE personally appeared 8 before me and was duly sworn. 9 10 WITNESS my hand and official seal this 26th day of 11 January, 2015. 12 13 14 15 16 17 18 19 _____________________________ 20 Mary Hengstler 21 Notary Public, State of Florida 22 My Commission #EE147085 23 Expires: December 23, 2015 24 25 6a281478-857d-471b-9e71-80559ed1289aElectronically signed by Mary Hengstler (501-151-220-3837) Electronically signed by Mary Hengstler (501-151-220-3837) 561-689-0999 Florida Court Reporting Page 103 1 C E R T I F I C A T E 2 3 THE STATE OF FLORIDA, ) ) 4 COUNTY OF PALM BEACH. ) 5 I, MARY ANN HENGSTLER, Registered 6 Professional Reporter, do hereby certify that I was 7 authorized to and did stenographically report the 8 foregoing deposition; and that the transcript is a true 9 and correct transcription of the testimony given by the 10 witness. 11 I further certify that I am not a relative, 12 employee, attorney or counsel of any of the parties, 13 nor am I a relative or employee of any of the parties' 14 attorney or counsel connected with the action, nor am I 15 financially interested in the action. 16 Dated this 26th day of January, 2015. 17 18 19 20 21 22 _______________________________ MARY ANN HENGSTLER, RPR-CP 23 24 25