HomeMy Public PortalAboutO'Hare Deposition Transcripts 10/24/14In The Matter Of:
CHRISTOPHER F. O'HARE v.
TOWN OF GULF STREAM
Deposition of CHRISTOPHER O'HARE
October 24, 2014
Vol I
1
DEBRA DURAN
A S S O C I A T E S
Registered Professional Reporters
P.O. Box 2288
West Palm Beach, Florida 33402
561- 313 -8000
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.502013CA017717XXXXMB
CHRISTOPHER F. O'HARE,
Plaintiff,
-vs- VOLUME I
TOWN OF GULF STREAM,
Defendant.
VIDEOTAPED DEPOSITION OF CHRISTOPHER F. O'HARE
TAKEN AT THE INSTANCE OF THE DEFENDANT
Friday, October 24, 2014
10:25 a.m. - 3:13 p.m.
5550 Glades Road
Suite 500
Boca Raton, Florida 33431
Reported By:
Debra Duran - Bornstein, RPR
Notary Public, State of Florida
Debra Duran & Associates
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APPEARANCES:
On behalf of the Plaintiff:
MARK J. HANNA, ESQUIRE
GMMM /MADISON P.A.
401 South County Road
Suite 3272
Palm Beach, Florida 33480
LOUIS L. ROEDER, III,, ESQUIRE
7414 Sparkling Lake Road
Orlando, Florida 32819
On behalf of the Defendant:
ROBERT A. SWEETAPPLE, ESQUIRE
ALEX VARKAS, ESQUIRE
SWEETAPPLE, BROEKER & VARKAS
199 East Boca Raton Road
Boca Raton, Florida 33432
JOANNE O'CONNOR, ESQUIRE
JONES, FOSTER, JOHNSTON & STUBBS
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
ALSO PRESENT:
JASON PETERSON, LEGAL GRAPHICWORKS
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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I N D E X
WITNESS: DIRECT CROSS REDIRECT RECROSS
CHRISTOPHER F. O'HARE
BY MR. SWEETAPPLE: 5
E X H I B I T S
NUMBER DESCRIPTION PAGE
DEFENDANT'S EX. 1 COPY OF MOTION 15
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Page 4
P R O C E E D I N G S
Deposition taken before Debra Duran - Bornstein,
Registered Professional Reporter and Notary Public in
and for the State of Florida at Large, in the above
cause.
THE VIDEOGRAPHER: We are on the video record.
This is the 24th day of October 2014. The time is
approximately 10:25 a.m. This is the videotaped
deposition of Christopher O'Hare in the matter of
O'Hare versus the Town of Gulf Stream.
This deposition is being held at 5550 Glades
Road Suite 500, Boca Raton, Florida 33431. My name
is Jason Peterson, and I'm the videographer
representing Legal Graphicworks.
At this time would the attorneys please
announce their appearances for the record.
MR. SWEETAPPLE: Plaintiff.
MR. HANNA: Mark Hanna for Christopher O'Hare.
MR. SWEETAPPLE: Robert Sweetapple, Sweetapple
Broeker Varkas, co- counsel along with Joanne
O'Connor from Jones Foster, and my partner, Alex
Varkas.
The record should also reflect that
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Page 5
Mr. O'Hare's attorney, Lou Roeder, is also present.
Thereupon,
(CHRISTOPHER F. O'HARE)
having been first duly sworn or affirmed, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. SWEETAPPLE:
Q. Good morning
name.
Would you please state your
A. Christopher Francis O'Hare.
Q. Mr. O'Hare, have you ever been deposed before?
A. Yes.
Q. How many occasions?
A. Maybe four times.
Q. Okay. And can you tell me with regard to
those times whether or not you were represented by
counsel?
A. Yes.
Q. And who -- tell me the four times you recall
being deposed.
A. I'm thinking. It is approximately four times.
The one time was in Manhattan. The other time was in --
Q. What year?
A. Maybe ten years ago.
Q. Okay. What happened?
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1
A.
Eight years ago.
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Q.
Were you a party in that case?
3
A.
Yes.
4
Q.
What kind of case was it?
5
A.
I was a plaintiff.
6
Q.
What type of case?
7
A.
Intellectual property.
8
Q.
And did that case go to trial?
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A.
I'm sorry. May I ask you to speak up?
10
Q.
Did that case go to trial?
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A.
No. No.
12
Q.
And do you remember the name of your attorney?
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A.
Baker Botts.
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Q.
Who was the attorney there?
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A.
I'm sorry. I can't recall.
16
Q.
You don't remember his name?
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A.
It was a woman; a very competent woman. I
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believe
her name was Doris. I can't remember her last
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name.
20
Q.
And how many -- how long was your deposition?
21
A.
Thirty minutes, 45 minutes.
22
Q.
And it was taken in Manhattan?
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A.
Yes.
24
Q.
And that case settled?
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A.
Yes.
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Page 7
Q. What was the style of the case?
A. I don't understand.
Q. What was the title of the case? Was it you
individually versus someone?
A. Pineapple Grove Designs versus -- I want to
say Crescent. It was a firm in Canada; a manufacturer
Canada.
Q. Do you remember the name of the defendant?
A. No.
Q.
Do you remember which court it was in?
A.
I'm sorry?
Q.
Do you remember which court it was in?
A.
I want to say the Seventh District Court,
federal court in downtown Manhattan, lower Manhattan.
Q.
Do you know who the plaintiffs were? Was
Pineapple
the only plaintiff?
A.
Yes.
Q.
How many defendants were there?
A.
Just a single company.
Q.
What year did that case settle?
A.
Same time as the deposition.
Q.
What year was that?
A.
I don't remember.
Q.
Can you tell me, within three years, what year
it was?
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Page 8
A. No. Not without wasting a lot of time
thinking about it.
Q. Well --
A. Off the --
Q.
You can't immediately recall
that?
A.
I can't immediately recall.
Q.
What was the name of the other
three cases
that you
gave deposition testimony in?
A.
It would have been Pineapple
Grove Designs. I
take that
back. Yeah. I think it was
Pineapple Grove
Designs versus
Cendeo.
Q.
who?
A.
C- e- n -d -e -o Printing.
Q.
And when was that case filed?
A.
That was perhaps seven years
ago.
Q. Where was it filed?
A. In Phoenix, Arizona.
Q. Was it in federal court?
A. No. That was in state court.
Q. Did that go to trial?
A. No.
Q. You settled it?
A. Yes.
Q. And who represented you?
A. I can't recall.
Debra Duran & Associates
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25 L7ve a deposition in; when was that?
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1
Q.
Who was the name of the judge?
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A.
Can't recall that.
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Q.
Where were your lawyers' offices?
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A.
They were in Phoenix.
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Q.
And how many times did you go to the offices?
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A.
I think I traveled to Phoenix perhaps eight
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times.
8
Q.
And you met with the same lawyer eight times?
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A.
Yes.
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Q.
You don't remember his name?
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A.
No.
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Q.
Seven years ago?
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A.
About seven years ago.
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Q.
Okay. What is the other -- were there any
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other lawyers? Was there more than one lawyer in the
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firm you
met with?
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A.
I met the lawyers at the opposing team, the
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defendant's lawyers.
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Q.
Did you only have one lawyer in Phoenix that
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represented you?
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A.
It was -- there were two lawyers.
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Q.
Do you remember either of their names?
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A.
No. Not offhand.
24
Q.
Okay. And what about the third case that you
25 L7ve a deposition in; when was that?
Debra Duran & Associates
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1
A.
I think that was under the same case in
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Arizona.
They deposed me twice.
3
Q.
And what about the fourth deposition you gave;
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when was
that?
5
A.
I think that was a local issue a long time
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ago. Perhaps
20 years ago.
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Q.
And do you remember the case?
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A.
It was another intellectual case for copyright
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violation.
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Q.
And where was that?
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A.
That was in Boca Raton here.
12
Q.
And who was the plaintiff?
13
A.
I was the plaintiff.
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Q.
Personally?
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A.
No. It was the company again.
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Q.
Okay. And who was the defendant?
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A.
Some local distributor of architectural
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products.
19
Q.
What was their name?
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A.
I don't remember.
21
Q.
Who represented you?
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A.
God. I should remember that. I don't
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remember.
24
Q.
And who was the judge?
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A.
Never got to a judge.
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Q.
You had a judge assigned, but you don't know
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who it was?
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A.
No.
4
Q.
And who took your deposition?
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A.
Don't remember that either.
6
Q.
What firm represented the defendant?
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A.
I don't recall that.
8
Q.
Do you remember where your deposition was?
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A.
I'm sorry?
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Q.
Do you remember where your deposition was?
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Where it was taken?
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A.
It was in some office in Boca, but this was 20
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years ago.
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Q.
Okay. So you don't remember anything about
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that case
other than the fact that you were plaintiff?
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A.
I remember that we settled.
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Q.
Okay. And do you remember who the attorneys
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were that
represented you on that case?
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A.
You asked me that. I don't remember.
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Q.
Do you remember the firm name?
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A.
Oh, no. They seem to change back and forth.
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I don't remember who it was.
23
Q.
Do you remember your lawyer's name?
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A.
No.
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Q.
Do you remember where the firm was?
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A. No.
Q. So the only deposition you've given in Florida
was 20 years ago?
A. Yes.
Q. And have you ever testified in any court
proceedings?
A. No.
Q. So you've never been a witness at any trial or
hearing?
A. I think I was when I was maybe six or seven
years old.
Q. Okay. Six or seven years old?
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A.
It was on Federal Highway, near Spanish River.
The fellow just built a building, put my products on the
building.
That is how I met him.
Q.
The defendant?
A.
It was a minor case. I don't remember.
Q.
Was it in state or federal court?
A.
That would have been state court again.
Q.
Broward County or Palm Beach?
A.
Palm Beach County.
Q.
And did you ever go to court on that case?
A.
No.
Q.
Are there any other times where you testified
in a deposition?
A. No.
Q. So the only deposition you've given in Florida
was 20 years ago?
A. Yes.
Q. And have you ever testified in any court
proceedings?
A. No.
Q. So you've never been a witness at any trial or
hearing?
A. I think I was when I was maybe six or seven
years old.
Q. Okay. Six or seven years old?
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A. I seem to remember that there was an incident
where my parents were a plaintiff and I testified.
Q. Okay. Do you remember that or --
A. No.
Q. You just think that may have happened?
A. I'm pretty sure that happened, but I don't
remember the details of it.
Q. Any other times besides when you were six or
seven years old?
A. No.
Q. And how old are you now?
A. Sixty.
Q. And do you have any problems with your memory?
A. Not more than anyone else, I don't think.
Q. Are you on my medication that would affect
your ability to remember?
A. No.
Q. I'm going to give you some parameters or
guidelines for a deposition. You may have received
these previously when you've been deposed, but in light
of your testimony, I want to put this on the record.
You do understand, do you not, that I'm going
to be asking you a series of questions here today?
A. Yes.
Q. And that you are expected to answer them only
Debra Duran & Associates
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1 from your personal knowledge or recollection; you're not
2 to speculate or guess. Do you understand that?
3 A. Yes.
4 Q. By the same token, if you don't understand a
5 question I ask, your job is to say that and ask me to
6 rephrase the question. Do you understand that?
7 A. Yes.
8 Q. And if I -- if you do answer, we're going to
9 assume that you understood the question. Is that fair?
10 A. Yes.
11 Q. If at any time you need to take a break, just
12 let me know, and we'll take a break. Is that fair?
13 A. Yes.
14 Q. And is there any reason you're unable to give
15 a deposition here today in the case that you've filed?
16 A. No. But I would like to qualify that. I have
17 a condition called, I believe, tinnitus, that makes the
18 room fill with buzzing. So I would appreciate it if you
19 would speak up so I can hear you.
20 Q. Okay. If at any time you can't hear my
21 question, let me know, and I'll speak up.
22 A. Thank you.
23 Q. Or I'll switch spots with Debra, if that's
24 necessary.
25 Today I'm taking your deposition only with
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regard to a motion that was called Plaintiff's Verified
Motion to Disqualify Defense Counsel. Are you aware
that pursuant to agreement with your attorney the
deposition has been limited to that scope?
A. Yes.
Q. And I take it that you are familiar with the
motion, correct?
A. Yes.
Q. I'm going to mark as Exhibit 1 a copy of the
motion that was filed.
(Defendant's Exhibit No. 1 was marked for
identification.)
MR. SWEETAPPLE: I have a copy for you.
MR. HANNA: Good.
BY MR. SWEETAPPLE:
Q. If you will, take a look at that motion.
Did you -- were you aware this motion was
filed?
A. You want me to stop looking?
Q. Go ahead and take as much time as you need.
A. Thank you. Yes.
Q. So you saw this motion before it was filed,
right?
A. Yes. I wanted to confirm it was all there.
Q. This is a motion that you -- that's your
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signature on the verification page?
A. Yes.
Page 16
Q. You see where it says "this verified motion"
and then something is blacked out? Did you black that
out?
A. No.
Q. Do you know what it said there before it was
blacked out?
A. I could try to make it out; but, no, I don't
remember that.
Q. Was it -- when you signed it, was it already
blacked out?
A. Yes.
Q. Someone had blacked it out already?
A. I'm assuming it was blacked out. I don't
recall that.
Q. I don't want you to assume. I want you to
tell me what you remember. Do you remember whether or
not it was blacked out when you signed it?
A. I don't remember.
Q. But you have sworn to the contents of this
motion, correct?
A. Yes.
Q. And as you sit here today, you swear that the
contents of this motion are true, correct?
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A. I have to read every word to make sure it's
the same, but if it's the same motion, then I do so
swear.
MR. SWEETAPPLE: Can we stipulate?
MR. HANNA: Yes.
BY MR. SWEETAPPLE:
Q. And before you swore out this -- when is the
first time that you started to consider, just you,
filing a motion to disqualify my firm in this case?
Strike that.
Before we get to that, when did my firm appear
as co- counsel in this case? And I'm referring to
Christopher O'Hare versus Town of Gulf Stream, which is
the 017717 case that we're here on.
A. I believe I was made aware of that a few weeks
ago.
Q. So you were made aware a few weeks ago that my
firm had appeared in the case?
A. Yes.
Q. Who represents you in this case?
A. Mark Hanna.
Q. You were not made aware that I appeared in
this case on behalf of my firm on April 21st, 2014?
A. No.
Q. So you didn't learn that I appeared in this
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case until the month of October or the month of
September?
A. I believe so.
Q. When did you -- when did you learn? A couple
of weeks ago?
A. I think maybe yes.
Q. Two weeks ago?
A. I can't be sure of the date.
Q. Was it two weeks ago? One week ago? Two
weeks ago that you learned my firm and me had appeared
in this case?
A. I can't be sure of the date.
Q. I don't want the date. I want to know how
many days ago it was.
A. I can't be sure of the amount of time that's
passed since I learned you were now representing the
town against me.
Q. When did you -- well, you said it was a couple
of weeks ago.
A. I think so.
Q. So it would have been -- today is October
what, 23rd?
MR. VARKAS: Twenty- fourth.
BY MR. SWEETAPPLE:
Q. October 24th. Was it during the month of
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October that you learned that I was representing the
Town of Gulf Stream in this case?
A. I use the term "a few weeks" like I would in
construction. It means less than a month.
Q. Less than a month. So the first time you even
knew I was involved in the case representing the Town of
Gulf Stream where you were a party was about a month ago
or less than a month ago?
A. I think so, yeah.
Q. would you pass me back Exhibit 1, please.
If that's the case, can you tell me without
looking at Exhibit 1 the date you signed this motion?
A. No.
Q. Do you know if it was more than a month ago or
less than a month ago?
A. I can't tell you.
Q. You don't remember the day you signed it?
A. No.
Q. Do you know where you were when you signed it?
A. Most likely in my office.
Q. You don't remember where it was?
A. I said it was most likely in my office.
Q. I don't want to know most likely where it was.
I want to know, do you remember where it was?
A. I can't tell you conclusively, no.
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Q. Were you in your lawyer's office?
A. No.
Q. Did you ever meet with your lawyer before this
motion -- before you signed this motion?
A. Many times.
Q. Did you ever meet with him regarding this
motion before you signed it, personally meet with him?
A. Many times.
Q. Okay. So how many times did you meet with
him?
A. I'm sorry. Let me back up. Did you ask me if
I met him regarding this motion?
Q. Yes.
A. I take that answer back then. I can't say.
Q. Do you recall ever meeting with your lawyer,
Mr. Hanna, regarding this motion prior to the time you
signed it?
A. Yes.
Q. Did you meet with him in his office?
A. No.
Q. Where did you meet with him?
A. It was probably a phone conversation.
Q. That's not a meeting. That's a phone
conversation.
A. That's your interpretation, sir.
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Q. So you had a phone conversation with him
regarding this motion before it was filed?
A. Yes.
Q. How many phone conversations did you have?
A. I can't recall that.
Q. And how long did these phone conversations
last?
A. I can't recall that either.
Q. Was a month ago -- if a month ago is when you
first learned that I was representing the Town of Gulf
Stream, is that the first time that you started, you,
thinking about moving to disqualify me?
A. That question was preceded by an inaccurate
statement, which I disagree with.
Q. Did you ever -- did you ever decide to move to
disqualify me and my firm from representing the Town of
Gulf Stream?
A. Did I ever decide -- when I first learned that
you were representing the town, I did not know it was
against me. That was perhaps back in March the 1st, at
a commission meeting where Mr. Morgan announced you
would be representing the town.
Q. I understand that. And you've told me that
you believe that you first learned that I was
representing the town in a case against you about a
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month ago, right?
A. You're asking me about the case here?
Q. Right.
A. Yes. That was less than a month ago.
Q. And that was the first time -- this is the
only case I've appeared in involving you, right?
A. I can't be sure of that.
Q. Okay. Was there any other case besides this
case that you believed I was representing the town in?
A. Yes.
Q. Prior to a month ago involving you?
A. No.
Q. Okay. So when is the first time you started
thinking about moving to disqualify my firm?
A. That would be when I was told that you had
signed onto the case.
Q. Okay. And what date?
A. The Notice of Appearance.
Q. What date was that?
A. I don't know.
Q. About a month ago?
A. No. That's the very same question you asked
me. I said two weeks. Between two weeks and a month, I
would suppose.
Q. So the first time you started thinking about
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disqualifying me was within the last two weeks to four
weeks, right?
A. When I learned that you had made a Notice of
Appearance.
Q. Time wise, that was between two and four weeks
ago, right?
A. I'm trying to answer your question. I can't
answer that accurately.
Q. Why not?
A. Because I don't remember.
Q. Well, you don't remember back a month ago?
A. Ask me what I had for breakfast.
Q. Do you remember what you had for breakfast?
A. Yes.
Q. Do you remember what you had for dinner?
A. I'm sorry. I choked there. I remember many
things. I commit to memory. I don't remember that
particular thing. I don't remember.
Q. Okay. Well, I just want to hone this down as
best I can. I want to know, before you -- before you --
strike that.
Tell me as best you recall when you first
thought about or ever discussed with anybody the idea of
disqualifying my firm in any representation with the
Town of Gulf Stream.
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MR. HANNA: Object to form.
THE WITNESS: I'm trying to be accurate here.
My assumption was that you would have never have
taken on the position, or that you would have
recused yourself from anything against me when I
learned that you had made a Notice of Appearance,
is when I first discussed doing this motion to
disqualify.
BY MR. SWEETAPPLE:
Q. Okay. And so when you saw that I was involved
in litigation with you, you were somehow offended or
shocked and thought I shouldn't be involved in the case,
right?
A. I was surprised.
Q. It was significant to you, right? This was
something significant.
A. Yes, very much.
Q. So when, best you can tell us, did that occur
from date wise? How many weeks, days, or months ago was
it that you had this -- that you had this surprise?
A. I would stand by my earlier testimony, between
two weeks and a month.
Q. Okay.
And you're -- do you get bills from Mr. Hanna?
A. Yes.
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Q. Itemized bills?
A. Yes.
Q. On a monthly basis?
A. No.
Q. How often do you get bills?
A. I might get one every few months.
Q. Have you gotten a bill recently from him that
would show any communication he had with you regarding
topics?
A. No.
Q. Now, when you were -- your first reaction upon
learning that my firm had appeared in this case
approximately a month ago was a surprise, you said,
right?
A. I was surprised.
Q. And when is the first time that you decided
that you should move to disqualify my firm?
A. At that same time.
Q. So the minute you -- the minute that you
learned of it, you made the decision I should be
disqualified, right?
A. No.
Q. How soon after you learned of it? How many
hour, days, minutes after you learned that my firm had
appeared in this pending case did you decide that you
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should move to disqualify my firm? -
A. I don't know.
Q. Was it the same day?
A. I don't know.
Q. Was it the same week?
A. I don't know.
Q. When did you decide you should move to
disqualify my firm?
A. Your question asked me in terms of minutes.
Q. No, just days.
A. That was weeks, and I can't tell you.
Q. Can you tell me anything within a week?
A. It was very soon after learning.
Q. Okay. So sometime within the last month, you
decided to move to disqualify me?
A. Evidently.
Q. And before making the decision to disqualify
me, did you do any investigation or research into your
records?
A. Could you clarify "records "?
Q. Did you go look at any documents, any
calendars, any data anywhere before you moved -- before
you decided you were going to move to disqualify my
firm?
A. Yes.
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Q. What did you go look at?
A. The morg file at the Palm Beach Post and Sun
Sentinel.
Q. The what? The morg file?
A. I think it's referred to as the morg file.
The archives of past articles.
Q. At the Sun Sentinel and the Palm Beach Post?
A. Yes.
Q. And what else did you look at?
A. Initially?
Q. I want to know everything you looked at before
you swore to this motion, which is Exhibit 1.
A. I looked at public records of the Town of
Ocean Ridge.
Q. You went and looked at those, or Mr. Hanna
looked at those?
A. Mr. Hanna and I share a common interest. I
use it interchangeably.
Q. So Mr. Hanna went to look at the public
records of the Town of Ocean Ridge?
A. And I did as well.
Q. With him?
A. No.
Q. You went separately?
A. No.
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Q. You went with him?
A. No.
Q. You went after him?
A. No.
Q. Well, I want to know, you personally and
Mr. Hanna personally. I don't want to call you the same
entity. With regard to -- right now I want to talk
about you.
What did you personally do to investigate any
facts before you swore under oath and under penalties of
perjury to this motion?
A. I looked at the archives of the two
newspapers. I looked at the public records from the
Town of Ocean Ridge.
Q. Okay. When you say looked at public records
from the Town of Ocean Ridge, are you saying you went to
the Town of Ocean Ridge?
A. No.
Q. How did you look at the public records?
A. They were supplied by my attorney.
Q. Supplied by your attorney. So your attorney
went to the Town of Ocean Ridge?
A. He physically, I believe, went to the Town of
Ocean Ridge.
Q. And he gave you those records, right?
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A. Yes.
Q. In fact, he got those records after the motion
to disqualify me was filed, right?
A. I don't know.
Q. When were you given these records from the
Town of Ocean Ridge?
A. I don't know.
Q. You don't know when you first got them?
A. No.
Q. Are you aware that your attorney went to the
Town of Ocean Ridge and did a public records request for
any documents involving --
MR. HANNA: I'm going to instruct the witness
not to answer --
MR. SWEETAPPLE: Other than --
MR. HANNA: -- the question.
BY MR. SWEETAPPLE:
Q. Other than conversations with Mr. Hanna, are
you aware of that your attorney went to the Town of
Ocean Ridge to make a public records request for
documents?
A. Yes.
Q. Are you aware of it otherwise from -- other
than from conversations with your attorney?
A. Yes.
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Q. Hmm?
A. Yes.
Q. How are you aware of it?
A. From Mr. Lou Roeder.
Q. He is also an attorney for you, right?
A. Yes.
Q. So other than Mr. Hanna or Mr. Roeder telling
you when the -- when the public records request was made
from the Town of Ocean Ridge, do you know when these
documents were obtained?
A. No.
Q. And when were they given to you?
A. I don't know.
Q. Was it within the last two weeks?
A. I can't recall.
Q. Was it within the last three weeks?
A. I can't recall.
Q. Was it during the month of October?
A. Yes.
I should say I can't recall.
Q. Why?
A. Because I can't recall.
Q. Well, October is 23 days long. Did you get it
this month?
MR. HANNA: I'm going to instruct -- object
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Page 31
1 and instruct the witness not to answer. It's all
2 privileged.
3 MR. SWEETAPPLE: What is privileged?
4 MR. HANNA: What I gave him and what we
5 discussed.
6 MR. SWEETAPPLE: I didn't ask what you
7 discussed. I asked what you gave him. What you
8 gave him --
9 MR. HANNA: Giving him is part of the
10 privilege.
11 MR. SWEETAPPLE: Let's not play games. You
12 know better than that.
13 MR. HANNA: I'm not playing games.
14 MR. SWEETAPPLE: Giving a document, taking
15 money, the identity of the person who came into
16 your office, none of those things are privileged
17 under the law. You should know that.
18 BY MR. SWEETAPPLE:
19 Q. Mr. O'Hare, did -- you said that Mr. Hanna
20 handed you some documents from the Town of Ocean Ridge,
21 right?
22 A. No. I did not say that.
23 Q. Did he provide you with any documents --
24 A. Yes.
25 Q. -- he obtained?
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Did -- he didn't hand them to you. How did he
transmit them to you?
A. I believe I got them from Mr. Roeder.
Q. Were they by hand, or were they by e -mail?
A. They would have been by hand.
Q. And did Mr. Raider come to your office?
A. We have offices together.
Q. You have offices together. So -- and when did
this occur? Was it within the last month?
A. I can't say for certain.
Q. Did you have the documents you're referring to
that were obtained from the Town of Ocean Ridge before
you swore to this motion?
A. I can't be certain.
Q. What can you tell me that you know under oath
that you reviewed, that you saw before you swore to this
motion? What documents did you actually see before you
swore to Exhibit 1?
A. I can't be certain of that. I don't know.
Q. You don't remember?
A. I do not remember.
Q. Well, based on your testimony, it would have
been within the last month, right?
A. I don't remember.
Q. But it would have been within the last month,
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1 right?
2 MR. HANNA: Object to form.
3 BY MR. SWEETAPPLE:
4 Q. You don't remember what happened within the
5 last month?
6 A. You're making a conclusion, and I don't
7 remember.
8 Q. You just don't remember?
9 A. I don't remember.
10 Q. Do you remember any document that you saw
11 before you swore out Exhibit 1?
12 A. Yes.
13 Q. What documents did you see before you swore
14 out Exhibit 1?
15 A. I believe the archive from the Palm Beach Post
16 and Sun Sentinel.
17 Q. You believe or you're certain?
18 A. I'm certain.
19 Q. Did you make copies of any of the archives?
20 A. No.
21 Q. You didn't make copies?
22 A. No.
23 Q. Did you see any article in the Sun Sentinel
24 that referenced that me or my firm had represented you
25 with regard to any matter?
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A. No.
Q. Did you see any archive in the Palm Beach Post
that me or my firm had represented you with regard to
any matter?
A. No.
Q. So those two records did not help you to swear
to the matters in Exhibit 1, did they?
A. You're asking me a negative question. My
answer is they did help me.
Q. How did they help you?
A. They refreshed my memory.
Q. What did they refresh your memory about?
A. This provided the dates, the incidents, and
that refreshed my memory as to what happened back then.
Q. So you didn't have a memory prior to going to
those archives?
A. I certainly did have a memory.
Q. So what -- how did those archives refresh your
memory? What did they refresh your memory of?
A. They provided me with the dates in
chronological order of the incidents.
Q. And did you prepare a chronology?
A. I'm sorry?
Q. Did you write out a chronology?
MR. HANNA: I'm going to instruct the witness
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Page 35
not to answer if that was at my direction. It is
attorney - client privilege.
BY MR. SWEETAPPLE:
Q. There is no privilege. I'm not asking you who
told you to write it. I want to know did you prepare a
chronology when you looked at those articles?
A. No.
Q. So it refreshed your recollection just in your
head?
A. I'm sorry. You're asking my recollection of
the archived articles?
Q. Yeah. When you read those archived articles,
it refreshed your recollection as to the events that
occurred in the past, right?
A. Yes.
Q. That you believe relate to my firm and you,
right?
A. Yes. That, plus conversations I had with
people.
Q. You basically in the last month have decided
to go back and have your recollection refreshed, right?
MR. HANNA: Object to form.
THE WITNESS: No.
BY MR. SWEETAPPLE:
Q. Strike that.
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Prior to swearing to the verified motion, you
felt it necessary to go back and try and have your
recollections refreshed, right?
MR. HANNA: Object to form.
MR. SWEETAPPLE: What's the form objection?
MR. HANNA: Mischaracterization.
MR. SWEETAPPLE: It's a leading question. I'm
not trying to characterize.
MR. HANNA: I didn't say leading. I said
mischaracterization of it.
MR. SWEETAPPLE: Okay.
MR. HANNA: You can still answer the question.
THE WITNESS: Can you repeat that question?
BY MR. SWEETAPPLE:
Q. Yeah. Is it fair to say that prior to
swearing out Exhibit 1, you believed it was necessary to
go back and refresh your recollection as to the
pertinent events?
19
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25
A. No.
Q. So you had --
A. I would say that is fair.
Q. You had a clear recollection without doing
A. I'm saying I didn't think it was necessary.
It was helpful.
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Q. It was helpful. Okay. And other than looking
at the archives of the two newspapers, did you look
anywhere else?
A. Yes.
Q. Where else did you look?
A. I spoke to some neighbors.
Q. Which neighbors?
A. Jerry Lower, publisher of the Coastal Star.
Q. Who else?
A. I correct myself. I should have said
neighbor.
Q. You just spoke to Jerry Lower.
A. I tried to talk to another neighbor, but --
Judge Luce Brown, but I couldn't get hold of her.
Q. Other than looking at archives and speaking to
Jerry Lower, what else did you do to try to refresh your
recollection or to investigate before you filed a sworn
document with the court?
A. I looked for other records.
Q. What record did you look for?
A. Specifically, I was looking for my datebook
from 1998.
Q. Datebook from 1998. Did you find it?
A. I haven't found it yet.
Q. What else did you look for?
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A. I looked for billing records.
Q. Billing records?
A. For representation contract. I looked for
payment stubs I made to your firm. I looked for any
financial records that would have shown the deduction of
monies that I spent with your firm.
Q. Such as tax returns?
A. I'm sorry?
Q. Such as tax returns?
A. My accountant said it wouldn't show up on the
tax returns.
Q. So you looked at billing records, retainer
agreement, payment stubs, any type of financial records.
What else did you look at?
A. I can't recall. I think that's about it.
Q. Did you locate anything?
A. Did I locate?
Q. Did you locate -- let me go through the list.
You didn't locate your datebook?
A. Not yet.
Q. Did you locate any billing records?
A. Not yet.
Q. Did you locate any retainer agreements?
A. I'm sorry. I didn't hear that.
Q. Retainer agreements or records.
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A. No. Not yet.
Q. Payment stubs?
A. No.
Q. Any financial records?
A. No.
Q. You looked for -- did you look for all these
things before you swore out the motion?
A. Yes.
Q. So you knew -- so what records -- what records
when you swore out the motion did you have in your hand
that showed that my firm had represented you in any
matter?
A. I relied on what was in my head.
Q. So --
A. I don't recall what records I might have had
at the time.
Q. When you swore out the motion, did you have
anything tangible such as a document, other than what
was in your head?
A. I can't recall.
Q. You can't recall back at the time you filed
this, you swore to this motion, whether or not you had
any physical evidence of any of the matters you swore
to?
A. I'm trying to be surgically precise, and
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you're asking me if I had before or after, and I can't
recall.
Q. Can't recall back -- you don't know that
Mr. Hanna went to town hall to obtain these records
within the last two weeks, and that you got them in the
last two weeks? You don't know that?
A. I can't recall the exact date.
Q. You don't know that you got those records from
Mr. Hanna after you swore to this motion?
A. Same question, same answer. I can't recall
the exact date.
Q. I'm not asking you the date. I'm asking you
if you can recall that you got them within the last two
weeks, and that the records you got were after you swore
out this motion?
MR. HANNA: Object to form.
BY MR. SWEETAPPLE:
Q. By over a month. That --
A. I can't recall.
Q. You're not aware that Mr. Hanna obtained
records from the Town of Gulf Stream more than a month
after you swore to this motion?
A. I can't recall that.
Q. And you're not aware that you actually swore
out this motion about six weeks ago -- or strike that.
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About September 11th.
A. Are you asking me if that is what it says?
Q. Yeah. Do you recall that's when you swore it
out, September 11th?
A. I can't recall the exact date.
Q. Do you have the Palm Beach archives records
and Sun Sentinel archive records, or did you just look
at them?
A. You're asking me if I --
Q. Made copies.
A. -- reproduced them?
Q. Let me break that down. Did you make any
copies of the Sun Sentinel records you looked at?
A. I think I may have created a digital file.
Q. And how many articles were in that file?
A. I can't recall.
Q. Were there more than ten Sun Sentinel
articles?
A. I don't think there were more than ten.
Q. Were there more than ten -- did the digital
file also include the Palm Beach Post articles?
A. Yes.
Q. Were there any other newspaper articles such
as the Coastal Star?
A. No.
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Q. How many total articles did you put in this
digital file?
A. I can't recall that.
Q. Was it more than ten?
A. Regarding this incident?
Q. I want to know how many articles you put in
the file.
A. I can't recall that.
Q. When was it that -- when did you create this
file? What day?
A. What day did I create it? I'm sure we could
find out by looking at the meta text, but I don't
recall.
Q. What month did you prepare the file?
A. That would have been recently, but I can't
say.
Q. Before or after you swore out the facts in the
motion?
A. I can't recall.
Q. You don't know if you -- but you do swear that
you looked at the newspaper records before you swore out
the motion, right?
A. I can't recall.
Q. Did you create the file when you looked at the
articles?
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A. I looked at the articles a number of times.
I'm not sure which time I created the file.
Q. How did you look at the articles? On -line?
A. Yes.
Q. And how many total articles did you look at in
the Sun Sentinel and Palm Beach Post combined when you
did this research?
A. I can't recall.
Q. More than ten?
A. It would have been a function of the service I
paid for that limits you to so many articles. I most
likely looked at every article regarding that period,
but I can't recall the number.
Q. How did you pay to look at it?
A. That would have been a credit card.
Q. What credit card did you use?
A. I used my personal credit card.
Q. What bank?
A. It's an airline Visa card.
Q. What airline?
A. Sorry. MasterCard. US Air.
Q. Okay. And what newspapers did you pay to do
this research? Did you pay the Sun Sentinel?
A. Sun Sentinel and the Palm Beach Post.
Q. So you had to pay -- you had to give them your
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credit card information on -line before you could get
access to these archives, right?
A. Yes.
Q. So there's a record of when you first had
access to these archives, right?
A. I would be guessing to assume what the policy
is for them keeping track of that.
Q. Okay. But you did testify earlier in this
deposition when I asked you what you did before you
swore out this affidavit, or this motion, you told me if
you recall that you searched the archives of these
newspapers before you swore out this motion. Do you
stand by that testimony?
A. I don't know that I said I did it before or
after.
Q. You don't recall your testimony in this
deposition that you -- that when I asked you what you
did before you swore out the motion you told me you went
and looked at these archives?
A. Could you read that back to me?
Q. No. I want to know if you recall that.
A. Then I can't recall.
Q. You can't recall that you testified to that in
this deposition within the last half hour?
A. I thought that I was clear that I didn't
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Page 45
remember if it was before or after I swore out the --
Q. Well, what can you be clear about now -- what
can you be clear about and swear to that you actually
saw in terms of a document before, under oath, you swore
to Exhibit 1?
A. I can't be sure.
Q. You can't remember? You're here testifying as
to what you believe occurred 16 years ago. You can't
tell me what document you looked at prior to
September 11, 2014 when you swore out a legal document?
A. I can't be sure if it was before or after I
swore it out.
Q. So you would have made allegations under
oath -- you could have made allegations under oath in
this case without ever seeing any document at all; is
that what you're saying? That's possible. You don't
remember.
A. I don't think -- I don't believe I needed
those documents to remember the portions that were
pertinent to that oath.
Q. Okay. We're going to go through what you
swore to. Right now I'm just trying to find out what
you had at your disposal when you saw fit to swear.
Have you received the September Visa
statements regarding records of payment?
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Page 46
A. I don't know.
Q. Or the October statements?
A. I don't know.
Q. And is that a credit card in your name?
A. My name is on my credit card, yes.
Q. Is it your name and your wife's name or just
your name?
A. My name is on my credit card. My wife's name
is on her credit card.
Q. This is just your credit card, this US Air
credit card?
A.
I believe the
account
is
in my wife's
name.
Q.
Did you look
through
your
records for
copies
of pleadings --
A. No.
Q. -- in any case?
Did you look through your records for copies
of any settlement agreements?
A. You mean -- you're talking about the incident
with Ocean Ridge?
Q. No. I'm talking about anything involving my
firm. Did you look for any pleadings that you had that
my firm prepared?
A. I assumed that was all in your firm's records.
I didn't have a copy of that.
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Page 47
Q. Okay. And did you look for copies of any
settlement agreements involving my firm and you?
A. Yes.
Q. Before you swore out the application, the
motion?
A. I can't be sure of that.
Q. Okay. Did you look for hearing notices?
A. Hearing notices?
Q. Uh -huh.
A. That would have been part of the public
records, so my attorney looked for that.
Q. But did you look in your records to see if you
had any? Did you look in your personal files to see if
you had any legal papers that my firm had prepared?
A. Yes.
Q. So that would have been notices of appearance
or pleadings or notices of hearing or settlement
agreements, any legal document at all, retainer
agreement. Did you locate any documents in your
personal records that involved my firm's representation
of you?
A. Not yet. I'm sorry. Did you ask me it I
looked or I found?
Q. If you -- I asked if you looked first, and
then did you find any?
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Page 48
A. Yes. Not yet.
Q. And how much time did you spend looking?
A. I would say a few hours.
Q. Where did you look?
A. First I looked in the files I keep at my
office. Then I looked in the boxes in my attic. Then I
looked at some pallets, on a pallet rack at my place of
business.
Q. And you had records from 1998, didn't you?
A. I don't know that for sure yet.
Q. Not about my firm. You had plenty of records
regarding all these matters that occurred in 197, 198.
A. I don't know.
Q. You have those files, right?
A. I don't know.
Q. When you looked through your records for these
hours, did you find records back to 1998?
A. No.
Q. You didn't have any records from 1998
regarding any of these matters that you've set out in
your sworn motion?
A. I haven't found them yet.
Q. Not regarding my firm. Regarding anybody.
A. I haven't found them yet.
Q. You haven't found them yet. So you haven't
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Page 49
found any records with regard to anything in 1998; is
that what you're saying?
A. I haven't found them yet.
Q. Are you saying you haven't found any records
regarding anything in 1998?
A. Yes.
Q. Okay. Do you have any records back to 1999?
A. I haven't found those either.
Q. 2000?
A. No. I haven't found that.
Q. Have you looked for it?
A. I've been looking through my records for
long -term storage items like that. I haven't found them
yet.
Q. What's the furthest back you've been able to
find records?
A. I don't know.
Q. When is the first time you heard my name?
A. Heard your name?
Q. Uh -huh.
A. It was 1997.
Q. And how is it that you learned of my name?
A. I know someone who I believe was dating your
younger brother, and they recommended you.
Q. Who was dating my younger brother in 1997?
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Page 50
A. No one that I know of. I'm not sure who dated
your younger brother.
Q. Do you remember what my younger brother's name
4 was?
5
6
7 1997?
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A. No.
Q. But someone was dating my younger brother in
A.
I hope
I didn't misspeak. I think it was your
younger
brother.
I'm not sure. Was dating your younger
brother
at some time
prior to when she spoke to me.
Q.
Dating
my brother, okay, in 1997.
A.
That's
not what I said.
Q.
Someone
-- when is the first -- you first
heard my
name in
1997, right?
A.
Yes.
Q.
And who
did you hear it from?
A.
A woman
who -- I tried to qualify her identity
by saying
she was
also dating your brother.
Q.
Oh, she
was dating my brother?
A.
Had previously
dated your brother.
Q.
What is
the woman's name?
A.
I think
her maiden name was Diane Falk.
Q.
Okay. And you knew Diane Falk from where?
A.
She went
to grammar school with my wife.
Q.
How did
you know her?
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Page 51
A. From a circle of friends.
Q. Okay. And where were you living at the time?
A. I'm sorry?
Q. Where were you living at the time?
A. Ocean Ridge.
Q. What was your address?
A. 22 Harbor Drive South.
Q. And did you meet Diane Falk, or did you talk
to her on the phone?
A. I believe it would be -- I don't know.
Q. Well --
A. I'm sorry. I don't remember. Could have been
a party; could have been on the phone.
Q. So do you remember ever meeting Diane Falk?
A. Oh, yes.
Q. And where did you first meet her?
A. In Fort Lauderdale.
Q. Okay. And when was that?
A. 1980, 1978, sometime then.
Q. 1980?
A. Or 178. Sometime in the late 170s, early
IEI�a
Q. So prior to 1997, had you spent -- had you met
before with her many occasions?
A. Yes.
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Page 52
Q. Would you consider her a friend at that point?
A. Yes.
Q. She was a friend of your wife's?
A. Yes.
Q. In 19 -- at or about 1997 you had a
conversation with Diane Falk about a lawyer, about
looking for a lawyer?
A. Yes.
Q. Why did you ask Diane Falk about looking for a
lawyer?
A. I was networking.
Q. Just --
A. I was asking everybody.
Q. Okay. And what type of legal problem did you
have in 1997 that caused you to contact Diane Falk?
A. I was a party to a potential litigation in the
Town of Ocean Ridge.
Q. And what was the potential litigation?
A. An apartment building that I had purchased was
being challenged by a neighbor; the permit was being
challenged by a neighbor for being legal or not.
Q. Okay. And you were looking for a lawyer that
did land -use litigation?
A. No. It was more political advice.
Q. Political advice. To represent you -- was
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A. Not at that time.
Q. And what did you tell Diane when you spoke to
her about your search for a lawyer?
A. I was looking for a lawyer who was competent
and had experience in municipal law, or defending people
against municipal actions.
Debra Duran & Associates
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Page 53
there already some type of a claim or a lawsuit that was
pending when you contacted Diane Falk?
A.
Not against me. Against the town.
Q.
There was something pending against the town?
A.
Yes.
Q.
Who had brought that?
A.
A fellow named Emmett Pace.
Q.
So Emmett Pace had a lawsuit against the town?
A.
At the time I spoke to Diane, it might not
have been
filed, but it was in the works.
Q.
Was Emmett Pace someone you knew?
A.
He was a neighbor.
Q.
So Emmett Pace was suing the Town of Ocean
Ridge or
-- Town of Ocean Ridge. And did you have any
code violation against you personally or any claims that
were brought against you personally by --
A.
Not at that time.
Q.
-- by the town at the time you contacted
Diane?
A. Not at that time.
Q. And what did you tell Diane when you spoke to
her about your search for a lawyer?
A. I was looking for a lawyer who was competent
and had experience in municipal law, or defending people
against municipal actions.
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Page 54
Q. And she mentioned -- she recommended me?
A. Yes.
Q. What did she say?
A. She said -- and I'm paraphrasing -- that she
knew of a lawyer in Boca Raton who was excellent at
fighting city hall. Not her words, but I'm
paraphrasing. And she recommended I call you.
Q. And did you call me?
A. Yes.
Q. When did you call me?
A. I can't recall the date.
Q. Did you speak to me?
A. Yes.
Q. And do you recall the month?
A. No.
Q. Do you recall where my office was?
A. It was in Boca Raton. And I want to say it
was near Mr. Batmasian's property, but I'm not sure.
Q. Near Mr. Batmasian's property in Boca Raton.
That's not very descriptive.
MR. HANNA: He owns the whole town, doesn't
he?
THE WITNESS: I can't recall the exact
address.
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Page 55
BY MR. SWEETAPPLE:
Q. Can you tell me just generally where it was?
A. It was closer to downtown Boca Raton, I
believe.
Q. What street was it on?
A. I don't recall.
Q. You don't recall where my office was?
A. It was in Boca Raton.
Q. It was in Boca Raton, but you don't recall --
was it near the mall? Was it on Federal Highway?
A. It was near downtown.
Q. Near downtown.
A. I believe.
Q. Well, did you ever come to my office?
A. Yes.
Q. How many times did you come to my office?
A. Two, maybe three times.
Q. Two, maybe three times. Okay. Did you meet
with me?
A. Yes.
Q. And how many times did you meet with me?
A. Each time I came.
Q. And did you meet with anyone else?
A. No. Not that I recall.
Q. You never met with a Mr. Jonas? Ed Jonas?
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A. I don't recall Mr. Jonas
recall meeting with Mr. Jonas.
Q. Do you recall Mr. Jonas?
A. Yes.
Page 56
I mean, I don't
Q. Have you ever talked to Mr. Jonas?
A. Yes.
Q. And he was of counsel to my firm?
A. I'm sorry?
Q. He was of counsel to my firm; were you aware
of that?
A. Yes. I was led to believe that, yes.
Q. Who led you to believe that?
A. When he showed up and said, I'm here on behalf
of Bob.
Q. So when -- so you were at my office two to
three times in 1997 or 198.
A. That would be in 198.
Q. So 1998. And you don't recall which month?
A. No.
Q. Do you recall if it was -- what season it was?
Spring, summer, fall?
A. Yes. It was a time period from approximately
January through -- I want to say April.
Q. And you're sure the first time you came into
my office was in January, or you just think that?
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that --
A. My appointments?
Q. -- that shows that you met with my firm or
were represented by my firm?
A. I think just the datebook.
Q. Well, did you ever have any legal bills?
A. I'm sure I did.
Q. How many legal bills did you have?
A. I can't recall that.
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Page 57
A.
I know
the time period was in the January
through April.
Q.
That's
the time period. You don't know --
when's the first
time you actually had an appointment
and came
into my
office; do you know?
A.
It was
closer to January than April.
Q.
You don't
know the date?
A.
No.
Q.
And you're
not sure of the month, are you?
A.
No.
Q.
And do
you have any records that would show
when you
came to
my office in 1998?
A.
Had records. Still looking for them.
Q.
Okay.
And what kind of records did you have?
A.
My datebook.
Q.
Okay.
What other kind of records did you have
that --
A. My appointments?
Q. -- that shows that you met with my firm or
were represented by my firm?
A. I think just the datebook.
Q. Well, did you ever have any legal bills?
A. I'm sure I did.
Q. How many legal bills did you have?
A. I can't recall that.
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Page 58
Q. And how much did you pay in legal fees; do you
A. I can't give you an exact number.
Q. Do you have any records to show what you paid
in legal fees?
A. I'm still looking for them.
Q. Do you have any records showing if you paid
the fees to me or Mr. Jonas?
A. That's just my memory that I paid them to you.
Q. So you don't know for sure?
A. I don't have that record yet.
Q. And have you -- what bank did you deal with in
1998?
A. I think it was called Wachovia at the time.
Q. You think or you know?
A. Yeah. It was called -- I can't be sure.
Q. Did you bank with any banks besides Wachovia
in 1998?
A. Yes.
Q. Who else did you bank with?
A. I apologize. I don't know.
Q. Have you asked any banks for records of your
checking accounts back to 1998?
A. No, not yet.
Q. What banks would you ask for if you were going
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Page 59
to ask for records back to 1998?
A. Well, I would start with Wachovia, which is
now Wells Fargo.
Q. Who else?
A. I can't recall the other banks.
Q. And this apartment that you -- that was the
subject of this code violation, who owned the apartment?
A. Yes. I owned it.
Q. Who owned it?
A. I owned it with my wife.
Q. Personally or in an entity?
A. As an LLC.
Q. So the apartment was owned by an LLC. And
what was the name of the LLC?
A. Ocean Ridge Holdings.
Q. Ocean Ridge Holdings.
A. LLC.
Q. LLC. Okay. So are you looking for -- does
Ocean Ridge Holdings, LLC, still exist?
A. Yes.
Q. Does it have records?
A. Yes.
Q. Did you look at all the Ocean Ridge Holdings,
LLC, records prior to swearing out this petition?
A. I haven't been able to find them all yet.
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Page 60
Q. You haven't been able to find any records
involving my firm and Ocean Ridge Holdings, LLC, other
than the records that were obtained from Ocean Ridge
town hall, right?
A. I haven't found any records at Ocean Ridge
Holdings, LLC, yet regarding your firm.
Q. Other than what was obtained by your attorneys
from town hall?
A. That was not anything to do with Ocean Ridge
Holdings, LLC.
Q. It wasn't?
A. Maybe I misunderstood your question.
Q. Who owned the apartment building that was the
subject of the Ocean Ridge -- you said there was a
violation in Ocean Ridge involving an apartment
building.
A. Later on in April there was a violation.
Q. Who owned that property?
A. I did with my wife.
Q. Personally?
A. Through Ocean Ridge Holdings, LLC.
Q. Well, the legal owner of the property was
Ocean Ridge Holdings, LLC.
A. Which I own.
Q. Which you are a member of?
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Page 61
A. I suppose that is one way to put it.
Q. Well, when was Ocean Ridge Holdings, LLC
formed?
A. Just prior to buying that property. No. I'm
sorry. I need to correct myself. Around the time of
buying the property.
Q. When was the property purchased?
A. I want to say prior to 1997.
Q. Okay. And did you ever -- did you ever sign a
retainer agreement with my firm on behalf of Ocean Ridge
Holdings, LLC, to your knowledge?
A. I can't recall that.
Q. Did you ever personally sign a retainer
agreement that you can swear to?
A. I personally signed. Whether it was under my
name or ocean Ridge Holdings, it was probably my name.
Q. Do you recall? I want to know what you can
swear to. We're going to deal with your --
A. I can't swear to what was on the agreement.
Q. Can you swear that you even signed a retainer
agreement?
A. I'll swear to that.
Q. You recall a retainer agreement. You swear --
you can swear here under oath that you signed -- you
personally put your name on a retainer agreement with my
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law firm? Page 62
A. Yes.
Q. And what -- when did you do that? When did
you sign that retainer agreement?
A. Between January and April of 198.
Q. And did you swear -- did you sign it
individually, or did you sign it on behalf of Ocean
Ridge Holdings, LLC?
A. I don't recall that.
Q. Did your wife sign it?
A. I'm sorry?
Q. Did your wife sign it?
A. I don't recall that.
Q. Was your wife present at any of these meetings
you say occurred, the two to three meetings that
occurred at my office?
A. Not at your office, no.
Q. Was your wife ever present at any meeting with
me?
A. I think she might --
Q. I don't want "think might." I want to know
was your wife ever present at any meeting with me that
you know of?
A. I can't say.
Q. Did your wife ever have any phone
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Page 63
conversations with me that you're aware of?
A. Not that I'm aware of.
Q. Were you ever a party to any phone
conversations between me and you where your wife was
present?
A. A joint conversation between the three of us,
I don't remember.
Q. And did you -- in 1998, who were the managers
of Ocean Ridge Holding, LLC?
A. That would be myself and Shelley Childers
O'Hare; my wife.
Q. So you were each members?
A. Yes.
Q. And when -- did you get a Notice of Violation
from the Town of Ocean Ridge?
A. At one point, yes.
Q. When you got this Notice of Violation, what
was it for?
A. I want to say it was a code -- I will say it
was a code violation.
Q. And who was the Notice of Violation issued to?
You and your wife personally or Ocean Ridge Holdings,
LLC?
A.
I don't
remember
that.
Q.
How can
you not
remember that?
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Page 64
A. I don't remember that.
Q. Didn't you review the documents Mr. Hanna gave
you that he obtained from the Town of Ocean Ridge prior
to coming to the deposition?
A. Prior meaning...
Q. Within the last -- strike that.
From the time -- when you got the documents
from Mr. Hanna or Mr. Raider from the Town of Ocean
Ridge, did you review them?
A. I read them, yes.
Q. That was within the last month, you say,
right?
A. Yes.
Q. What did they show? Did they show that the
violation was issued to you and your wife personally, or
was it issued to Ocean Holdings, LLC?
A. I don't recall that.
Q. And was there a settlement agreement with the
Town of Ocean Ridge?
A. Yes.
Q. And who were parties to it? You and your wife
individually or the Town of Ocean Ridge? Strike that.
Or Ocean Ridge Holdings, LLC.
A. I can't recall that.
Q. You just read the documents. You can't
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Page 65
recall?
A. I don't recall whether the documents named me
or the Ocean Ridge Holdings. I would have seen both and
thought of them as the same thing.
Q. And you did see a letter from Mr. Jonas,
right; from my firm?
A. You mean in the Ocean Ridge records?
Q. Yes.
A. Yes. I think so.
Q. Was that letter to you and your wife
individually? To you individually? To Ocean Ridge
Holdings, LLC? Who was that letter addressed to?
A. I can't recall.
Q. You just saw the letter, Mr. O'Hare. You're
telling me you can't recall what the letter said, who it
was addressed to?
A. I can't recall.
Q. Who does the letter show was being
represented?
A. I can't recall.
Q. What matter is referenced in the letter as
being the scope of the representation?
A. I'm sorry. State that --
Q. What matter is referenced in the letters from
my firm?
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Page 66
A. That would be the settlement agreement between
myself and the town.
Q. And was the settlement agreement signed by the
entity, the LLC, or by you and your wife individually?
A. I can't recall that.
Q. And who showed up at the hearing in April the
day the settlement agreement was signed?
A. That was Mr. Jonas.
Q. Isn't it a fact that you and your wife
appeared personally without an attorney? Mr. Jonas
didn't go with you.
A. I can't recall that.
Q. Okay. So you say you met with me two to three
times, and you believe it was between January and April
of 2000 -- strike that -- of 1998. Correct?
A. Yes.
Q. And it was in my office in Boca Raton.
A. I met you two or three times in your office.
Q. That's the only place you met me, right? No
place else?
A. No.
Q. Is that correct?
A. No.
Q. Where else did you meet me?
A. At the Town of Ocean Ridge Town Hall.
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Page 67
Q. At the Town of Ocean Ridge Town Hall. When
was that?
A. Let me finish answering your question. I
believe I also met you at my home.
Q. At your home?
A. A few blocks away from Ocean Ridge Town Hall.
Q. When did you meet with me at the Ocean Ridge
Town Hall?
A.
Q•
A.
yes.
s
Q
A
Q
A
Q.
meeting?
Between January and April.
Was that at a meeting?
It was prior to, during and after meeting,
I was present at a meeting?
Yes.
Did I appear at that meeting?
Yes.
Did I speak at that meeting?
Yes.
Okay. Have you asked for records of that
A. That was a private meeting.
Q. Private meeting?
A. Between myself, you, and the town attorney and
Mr. Nicoletti.
Q. Okay. And have you looked for any records
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Page 68
concerning such a meeting?
A. No.
Q. Have you talked to Mr. Nicoletti about whether
or not such a meeting occurred?
A. No.
Q. And where did this meeting occur?
A. At the town hall of Ocean Ridge.
Q. And what month?
A. It would be closer to January than April;
sometime in that time period.
Q. Do you have any records regarding that
meeting?
A. Only my memory.
Q. Okay.
A. So far.
Q. And was it on the day of a public hearing?
A. No.
Q. Was it about some pending case?
A. It was to hammer out the settlement agreement
with the town.
Q. To hammer out the settlement agreement?
A. Yes.
Q. Which settlement agreement?
A. Where the town would dismiss the code
violation charge against me in exchange for certain
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Page 69
things on my behalf.
MR. SWEETAPPLE: So it was -- I'd appreciate
it if you don't have records out that you can look
at while --
MR. HANNA: Okay.
THE WITNESS: I can't see them without my
glasses.
MR. SWEETAPPLE: I know, but I just don't
think it's appropriate. I have all those records
here. I'm going to be identifying them as we go
through them.
MR. HANNA: Oh, you do? Okay.
MR. SWEETAPPLE: Sure. I got them right after
you got them. I know exactly when you were there,
who you spoke to, where you got them from, and
when.
MR. HANNA: It's not a secret.
MR. SWEETAPPLE: No, it's not a secret. It's
public information. I did the same thing you did.
BY MR. SWEETAPPLE:
Q. So the code -- the meeting with Mr. Nicoletti
regarding the code violations, to hammer them out, who
was present at that meeting besides you, me, and
Mr. Nicoletti?
A. I believe it was the three of us.
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Page 70
Q. And it concerned the code violations on this
apartment building?
A. Yes. Let me go back and correct that. I
think there were other people that came in and out of
the room, but it was primarily the three of us.
Q. Code violations regarding the apartment
building was the subject of the conference, right?
A. Code violation.
Q. Code violation. Okay. So other than two to
three meetings in my office, that you say we had, and
the meeting we had with Mr. Nicoletti at city hall, you
also believe I came to your home.
A.
Yes.
Q.
And you're testifying under oath that
I've
been to
your home; you're sure I've been to your
home?
A.
Yes. That's my recollection.
Q.
Can you swear I've been to your home?
A.
I can swear that's my recollection.
Q.
When was I at your home?
A.
Prior to the meeting.
Q.
Prior to the meeting. To pick you up,
or I
did go
inside your home?
A.
I'm sorry. I didn't hear that.
Q.
Did I pick you up, or was it to -- did
I go
into your
home?
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Page 71
A. I recollect that you came in, and then we
proceeded to the meeting.
Q. Did we talk in your home?
A. We have spoken in my home, on the phone.
Q. In your home, did we speak?
A. I'm sure we -- I recollect that we must have
had some -- you didn't come in there with your mouth
zipped. Yeah, you must have said something.
Q. Are you speculating, or do you recall?
A. I'm sorry. I am speculating. I can't recall
exactly what was said.
Q. Okay. Was your wife there?
A. I can't recall that.
Q. Was anybody else there?
A. I can't recall.
Q. What room did we go into?
A. My living room.
Q. Did we sit down?
A. I can't recall that.
Q. How long was I in your house?
A. I would say I recollect it being --
Q. Do you know? Do you know?
A. Do I know?
Q. Do you have a specific recollection that you
can swear to? You're making sworn allegations in a
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court proceeding.
A. Yes.
Page 72
Q. I caution you that you need to be testifying
from your personal knowledge under oath. What can you
tell me under oath as to how long I was in your home?
A. I can't give you an exact number.
Q. Do you know what I was wearing?
A. No.
Q. Do you know what I was driving?
A. I don't remember.
Q. Was I driving?
A. Yes. I remember that.
Q. Was I with someone else?
A. I don't remember that.
Q. Do you remember what kind of car I had?
A. I don't remember.
Q. Do you remember if my hair was white?
A. If it was white?
Q. Yes.
A. No. I don't think it was. I'm sorry. It
wasn't white.
Q. It was just a little joke.
So this was -- this was -- you say I was in
your home prior -- immediately prior to going to town
hall to meet with Mr. Nicoletti?
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Page 73
1
A.
That's my recollection.
2
Q.
How long did we meet with Mr. Nicoletti?
secretary?
3
A.
Perhaps -- I'm sorry. Between 30 minutes
and
4
90 minutes.
If I personally had a conversation
with you
5
Q.
You don't know between 30 and 90 how many
6
minutes?
I don't recall that.
7
A.
No.
that you dealt with?
8
Q.
What was the purpose of me going to your
home?
9
Was it to
pick you up?
10
A.
I think the purpose was -- well, I don't
know
11
what the
purpose was.
office on in 1998?
12
Q.
Did we -- did I have a conversation with
you
13 prior to going to your home to say I was coming to your
14 home?
15
A.
Yes.
16
Q.
And that wasn't with my
secretary?
17
A.
You asked me if we had
correspondence.
18
Q.
If I personally had a conversation
with you
19
that I
was coming to your home?
20
A.
I don't recall that.
21
Q.
Did I have a secretary
that you dealt with?
22
A.
Yes.
23
Q.
What was her name?
24
A.
I don't know.
25
Q.
And what street was my
office on in 1998?
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Page 74
A. I don't know.
Q. Was it east of Federal Highway or west of
Federal Highway?
A. I don't recall.
Q. Was it north of Glades Road or south of Glades
Road?
A. I don't recall.
Q. Was it east of the Intracoastal or west of the
Intracoastal?
A. I don't recall.
Q. What was it near? What store, building, shop,
landmark was it near?
A. I don't recall.
Q. What did the building look like?
A. I don't recall.
Q. Was it in a building with an elevator? Do you
remember if you could see the ocean?
A. I don't remember.
Q. Could you see the ocean from my office?
A. I don't recall that.
Q. What could you see from my office?
A. I could see your secretary /receptionist and
pictures on the wall. You're standing there in a suit.
That's all I remember.
Q. Do you remember if it was in a multistory
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Page 75
building and what floor I was on?
A. I can't recall. I'm sorry. We were on the
ground floor, I believe, of some building. But I don't
remember how many stories might have been on the
building.
Q. Are you speculating again, or do you have any
specific recollection?
A. I'm sorry?
Q. Do you have a specific recollection?
A. I don't have a specific recollection of the
outside of the building.
Q. What about inside? How many floors were in
the building?
A. I'm sorry. I didn't hear.
Q. How many floors were in the building?
A. I don't know that.
Q. Do you recall any building that was in the
vicinity of my office building?
A. No.
Q. You say you were there two or three times.
What can you tell me -- if I wanted you to tell me where
my office building was or what it looked like when you
went there the two or three times, what would you tell
the judge about my office specifically that you can
swear to?
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Page 76
A. I could tell them that there was a
receptionist. That there was a secretary. That you
were standing there. You were there. You welcomed me
into your office. The walls were white. There was
carpet. Tile. I'm sorry. I don't remember.
Q. You specifically recall there was a
receptionist?
A. I remember a reception desk, yes.
Q. So when you you came in there was a
receptionist. Are you aware there was no receptionist
in that office?
A. I can't recall.
Q. There was no receptionist at all anywhere in
that office; are you aware of that?
A. I can't recall. If you're telling me that
now, I'll take you at your word.
Q. Well, there wasn't. Is there anything you can
swear to about my office, anything physical about my
office -- the walls were not white. They were
wallpaper, but that's -- you don't remember my
wallpaper. Do you remember my office at all?
A. I remember you.
Q. Okay. Do you remember my office at all?
A. I think I focused on you.
Q. Do you remember -- is there anything you can
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Page 77
testify that you remember about my office? Where it
was? What it was near? What the building looked like?
Where you parked? Where about in town it was?
Anything?
A. Nothing more than what I've already told you.
Q. And what is it that you've told me that you
can swear to?
A. I met you at your office. I remember you were
in your office.
Q. So two to three meetings in my office, you
say. One meeting at your home. You don't remember
anything that was discussed. A meeting with
Mr. Nicoletti that you say was either 30 to 90 minutes.
Any other meetings where you and I talked, you say?
A. Phone conversations. If you consider that a
meeting.
Q. How many phone conversations do you believe
you had with me?
A. Less than ten, more than five.
Q. Did you ever see a bill where you were
invoiced for any phone conversations with me?
A. The only bill I remember was when I went to
your office to get an adjustment on the fee.
Q. And how much was the fee?
A. I don't recall the exact number.
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Page 78
Q. Who did you talk to about an adjustment?
A. You.
Q. So you were complaining about the bill?
A. No. No.
Q. Did you meet with me regarding the bill?
A. Yes, I met with you.
Q. And did you have a copy of an invoice?
A. Yes, I believe I did. Yes.
Q. And how much was the invoice?
A. I don't recall.
Q. What period of time was the invoice for?
A. I believe it was only a single one for the
entire time you represented me.
Q. Do you know, or you're guessing?
A. I don't remember.
Q. How many invoices do you specifically recall,
that you actually recall that you received from my firm?
A. One.
Q. One invoice. Okay. And for what period of
time was the invoice?
A. Between January and April of '98.
Q. The invoice said it was January through April?
A. No. That's the period of time that the
invoice was part of. But I can't tell you the extent of
the time.
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Page 79
Q. Was there any billing for January on the
invoice?
A. I can't recall that.
Q. Was there any billing for February on the
invoice?
A. I can't recall.
Q. Was there any billing from March on this
invoice?
A. I don't recall the invoice.
Q. How much was the total time of me on that
invoice?
A. I'm sorry.
Q. Was there any time specifically billed for me
that you recall on that invoice?
A. Yes.
Q. How much time was for me was billed?
A. I don't remember that.
Q. Was there any time for Mr. Jonas?
A. I don't remember that.
Q. And was there any time for any other lawyer or
paralegal?
A. I don't remember that.
Q. And tell me who was the client on the invoice.
A. I would be assuming. I couldn't tell you for
sure.
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Page 80
Q. Do you remember what the firm name was on the
2 1 invoice?
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A. No.
Q. Do you know if the invoice was from Mr. Jonas
or from me? Do you know if it was Edward Jonas, of
counsel? Do you know if it was his invoice or a
Sweetapple invoice?
A. My recollection is it was just the firm's
invoice.
Q. But you don't know?
A. I can't remember.
Q. You don't see the invoices, as you're sitting
here, in your head?
A. I'm sorry.
Q. You don't see this invoice, as you're sitting
here, in your head. You can't picture it.
A. No.
Q. And you haven't -- have you seen a copy of any
invoice in the last ten years from my firm?
A. I haven't been able to find it. I haven't
seen it in the last ten years.
Q. So you were aware there was one invoice you
believe, right?
A. That was the reason for our meeting. Yes.
Q. How many invoices do you swear that my firm
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Page RI
issued to you or that were issued to you regarding any
involvement with me?
A. I can't swear to a number.
Q. Was there more than one invoice you received?
A. I don't remember.
Q. Do you recall receiving more than one invoice?
A. I don't recall.
Q. And do you recall roughly the amount of the
invoice?
A. Between 10 and 15,000.
Q. Between 10 and $15,000.
A. It was a flat fee that I was getting a final
adjustment on.
Q. So you paid a flat fee when you hired the
firm?
A. Yes.
Q. okay. And the flat fee was 10 to 15, but
you're not sure if it was 10 or $15,000?
A. When I say "flat fee," I meant retainer. It
was the amount it was going to take for the
representation.
Q. So your testimony is there was a retainer that
was put in my trust account?
A. I don't know where it went.
Q. Well, was there a retainer that was supposed
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to go into my trust account and be held? Page 82
A. I don't know that.
Q. Was the fee nonrefundable or refundable?
A. I don't think it was refundable. I thought it
was to go against expenses, which is why I was there to
get the balance that hadn't been spent.
Q. So there was -- you don't remember if the fee
was refundable or nonrefundable in this agreement that
you say existed? Strike that. Let me lay a predicate.
Was there a written fee agreement?
A.
Yes.
Q.
And who was -- now I'm talking about
the
written
fee agreement, not the written invoice
that
you're testifying
to. Who were the parties to
the
written
fee agreement?
A.
When you say "fee agreement," I'm
understanding
a representation agreement.
Q.
Yeah. A retainer agreement.
A.
It was -- that was a written.
Q.
Representation agreement. Okay. And
who was
the law
firm in the agreement? Was it Edward Jonas,
of
counsel?
Was it my law firm? Do you recall
specifically?
A.
I remember it said Robert Sweetapple
on it.
Q.
It said Robert Sweetapple, my name?
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Page 83
A. Your name appeared somewhere on there.
Q. Okay. Do you remember what it said, who the
law firm was?
A. I can't recall that.
Q. Do you remember who the client was?
A. It was me, but you're making a distinction
between me and Ocean Ridge Holdings. It was one of us.
Q. You don't remember which?
A. I couldn't say for sure.
Q. Was your wife one of the clients?
A. I couldn't say for sure.
Q. Did she ever sign an agreement?
A. I don't remember.
Q. Was her name on any bill?
A. I'm sorry?
Q. Was her name on any bill?
A. I don't recall that.
Q. The retainer agreement that you say you
signed, can you swear you signed a written retainer
agreement?
A. I can swear to that.
Q. How many retainer agreements have you signed
in your life? How many law firms have you retained?
A. Over six.
Q. Did you have anyone review this retainer
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Page 84
agreement?
A. Yes.
Q. Who did you have review it?
A. Some would have been reviewed by me, some as
well by Shelley.
Q. Shelley who?
A. I'm sorry. My wife.
Q. Okay. So did she --
A. Some were reviewed by --
Q. I'm talking about this retainer agreement you
say you signed with my firm. Did you have anyone review
that before you signed it?
A. I don't recall that.
Q. So you didn't have a lawyer review it?
A. I was hiring a lawyer.
Q. Did you have a lawyer review it before you
signed it?
A. Besides you, no.
Q. Did your wife review it?
A. I don't remember.
Q. Did your wife -- did you ever ask your wife to
sign it?
A. I don't remember.
Q. Was your -- did you understand that your wife
was my client?
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retainer agreement.
Q. Tell me anything it said, anything you
specifically recall the retainer agreement said.
A. I can't recall.
Q. Do you recall if it had a scope of
representation clause in it?
A. I can't recall.
Q. Do you recall if the -- do you recall if the
retainer was -- the amount of the retainer? Can you
specifically recall the amount of the retainer, as you
sit here?
A. I specifically recall it was between 10 and
15.
Q. You don't remember?
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Page 85
A.
Do I understand?
Q.
Did you believe that I was representing your
wife?
A.
Yes.
Q.
Have I ever met your wife?
A.
I don't recall that.
Q.
And this retainer agreement, how many pages
was it?
A.
I don't recall.
Q.
And what did it say?
A.
I can't give you -- I can't recite the
retainer agreement.
Q. Tell me anything it said, anything you
specifically recall the retainer agreement said.
A. I can't recall.
Q. Do you recall if it had a scope of
representation clause in it?
A. I can't recall.
Q. Do you recall if the -- do you recall if the
retainer was -- the amount of the retainer? Can you
specifically recall the amount of the retainer, as you
sit here?
A. I specifically recall it was between 10 and
15.
Q. You don't remember?
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Page 86
A. No.
Q. And do you recall if the retainer agreement
said the retainer was refundable or nonrefundable?
A. I don't understand.
Q. Do you recall if it said -- my retainer
agreements have a check, whether the retainer is
refundable or nonrefundable.
A. You mean --
Q. The bar requires you tell people that. Do you
recall if there was a retainer agreement that says the
fee was refundable or nonrefundable?
A. My understanding is it was going to be
consumed by whatever hours you spent.
Q. Did you have an agreement with regard to the
hourly rate?
A. I don't recall that.
Q. Do you know what my hourly fee was in 1998?
A. I don't recall.
Q. Did you ever discuss with -- strike that.
Did the fee agreement have an hourly rate in
it for any lawyers? Did it name lawyers and give an
hourly rate?
A. I apologize. I got -- I could very easily
confuse it with other agreements. I can't be sure.
Q. Was Mr. Varkas' cabinet name on the agreement?
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Page 87
A. I don't recall that.
Q. Did you ever meet Mr. Varkas when you were in
my office?
A. I don't remember ever having met him.
Q. Was Mr. Jonas' name on this retainer
agreement?
A. I don't recall.
Q. Did Mr. Jonas have a billing rate?
A. Not that I can recall.
Q. So you don't remember what attorneys were on
this agreement, correct? What attorneys are named on
the agreement?
A. Only you.
Q. And you don't remember any billing rates?
A. I don't remember that part.
Q. So other than -- other than the two to three
meetings in my office, the one time I was in your home,
and then you said there was a meeting with
Mr. Nicoletti -- Nicolitis.
MR. HANNA: Nicoletti.
BY MR. SWEETAPPLE:
Q. In this case.
A. Paul Nicoletti.
Q. Nicoletti. Are there any other times that you
and I met or spoke?
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A. On the phone. Page 88
Q. Other than that, any other times?
A. I can't recall any other times.
Q. Okay. With regard to Mr. Nicoletti, that
meeting you say took place before a city council meeting
or town council meeting? What is it, Town of Ocean
Ridge or town council?
A. I believe it took place before a code
enforcement hearing before a special magistrate.
Q. Code enforcement hearing and -- all right.
And so I met with you and Mr. Nicoletti before this code
enforcement hearing, correct?
A. That's my recollection. Yes.
Q. What month was this code enforcement hearing?
A. March or April of 198.
Q. And who was the magistrate?
A. I can't recall.
Q. And what time was that? Was it evening?
Daytime?
A. The code enforcement hearing?
Q. Yes.
A. It was daytime.
Q. And who was present at the hearing?
A. Quite a few people.
Q. Who was present?
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Page 89
A. I can't recall all their names.
Q. Can you recall anybody that was there?
A. I was there.
Q. Who else?
A. Shelley was there.
Q. Your wife was there. Okay. She was there
with me, you're saying, at this code enforcement
hearing?
A. I didn't say that.
Q. Well, she was there when I was there.
A. You weren't at the code enforcement hearing, I
don't think. I'm sorry. I don't recall that.
Q. You said I met with Mr. Nicoletti the day of
the code enforcement hearing.
A. No. The day before the code enforcement
hearing.
Q. The day before the code enforcement hearing.
So I wasn't at the code enforcement hearing.
A. I don't recall you being there.
Q. Who was present at the code enforcement
hearing?
A. I don't recall.
Q. And you're sure I met with Mr. Nicoletti the
day before the code enforcement hearing, not that I had
a phone conference with him?
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Page 90
A. You were definitely there. It might have been
a few days before, but it was just prior to the code
enforcement hearing.
Q. It was me in person?
A. You in person with Mr. Nicoletti and myself
and I believe the town manager might have come in and
out a few times.
Q. Who was the town manager?
A. A fellow named Lanker.
Q. Lanker? Is he still there?
A. No.
Q. And was this the day before the code
enforcement hearing or several days before the code
enforcement hearing?
A. Just prior.
Q. One day before? The day of?
A. I can't swear to the exact date; the day
before, two days before, just prior.
Q. What day of the week was this code enforcement
hearing?
A. I don't know. Don't remember.
Q. And you don't know how many days before you
say I went to town hall with you?
A. It was just prior.
Q. Just prior. Like one day, two days, three
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Page 91
days, something like that?
A. Something like that.
Q. And you're sure I was physically at this
meeting?
A. I remember that very well.
Q. And you're sure it wasn't a telephone
conference where I participated with Mr. Jonas with
Mr. Nicoletti?
A. No. I remember distinctly incidents that
happened there.
Q. Okay. And at this meeting, was Mr. Jonas
present?
A. I don't believe I saw you two together. I
can't swear to that.
Q. You don't know?
A. Don't remember that.
Q. Okay. Where did the meeting take place with
Mr. Nicoletti?
A. In a small anteroom to the west of the town's
chambers.
Q. This was in the new town hall or old town
hall?
A. Old town hall.
Q. Okay. And do you recall -- did you say
anything at the meeting?
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Page 92
A. Yes.
Q. What did you say at the meeting?
A. I remember saying "Way to go, Bob" at the end
of it. I did not contribute much to the meeting.
Q. What did you say at the meeting?
A. Can't recall.
Q. Do you recall saying anything?
A. I recall listening.
Q. What did I say at the meeting that you
specifically recall?
A. Mr. Nicoletti was sitting at a computer
terminal typing a settlement agreement. You were
standing. And basically I remember you telling him what
to write, and also telling him that we were going to
file a federal lawsuit regarding my civil rights for
allowing people to do things before and after me that
they denied me the ability to do.
Q. So while he was typing a settlement agreement,
I was telling him that we were going to file a lawsuit?
A. I remember him being very nervous and you
standing over him. Yes. I remember. Basically -- I'm
sorry. I shouldn't say basically. I remember you
saying things specific to him on the topic and dictating
to him some of the finer language of the settlement
agreement.
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Page 93
Q. So we had already agreed to settle at that
meeting?
A. Yes.
Q. And he was typing the settlement agreement?
A. Yes.
Q. And while he was typing, I was telling him
that I was going to file a suit or that you had a suit
and you were dismissing it or releasing it?
A. I recollect at the beginning of the meeting
there was the discussion about what could happen if we
didn't follow through with this settlement agreement.
And during his typing, you were telling him how to
change some of the language.
Q. So prior to him typing the settlement
agreement, I threatened to file a civil rights suit on
your behalf or on behalf of your entity?
A. I didn't hear the beginning.
Q. Prior to him typing the settlement agreement,
it's your testimony that I had threatened him that I was
going to file a federal civil rights suit on behalf of
you or your entity.
A. As I remember it, there was some pauses where
he objected to certain language, and that's when you
mentioned those things. And then he continued to type.
So there would be an intermission in his typing.
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Page 94
Q. So prior to him starting to type, that I
mentioned a federal lawsuit that could be filed?
A. No. It might have been -- might not have been
prior to, but during the time he was typing, he stopped
his typing while you discussed certain issues, and then
resumed his typing.
Q. Is there anything else that you recall
specifically me saying at that meeting?
A. I don't recall at the moment, no.
Q. Do you recall any name or number that that
civil lawsuit had that I made a reference to?
A. I can't swear to a specific language.
Q. Do you recall me ever saying a 1983 action,
for instance?
A. I don't know at the time I would have
recognized it anyway. It didn't stick in my head.
Q. So you recall that I came to a meeting with
Mr. Nicoletti. We discussed a settlement agreement
which he typed. And while he was typing, I mentioned
that you had a possible federal civil rights case that
could be brought against the town?
A. No. He had stopped his typing. There was
discussion. Then he would resume his typing.
Q. Okay. Anything else that was said during that
meeting that you recall?
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Page 95
A. Not that I recall. No.
Q. Did this case in the Town of Ocean Ridge --
strike that.
Were there any other conversations that you
have been present with me that have been had with third
parties, conversations that were had other than with you
privately?
A. I don't recall that, no.
Q. And during this case in Ocean Ridge, were
there any public record requests that had been made by
anybody?
A. Yes. I made some.
Q. You made some public record requests?
A. Yes.
Q. When did you make those requests?
A. After one of our conversations, you had
suggested I get certain documents, and I went to town
hall and asked for them and reviewed them.
Q. So you're volunteering that I suggested to
you -- you're waiving the lawyer- client privilege with
regard to the communication saying that I suggested to
you that you go to town hall and get public records
documents?
A. I'm not clear. You're saying I'm waiving
our --
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Page 96
Q. You have a lawyer here representing you today,
right?
A. Yes.
Q. And did you ever see an e-mail he sent me a
couple of days ago about the lawyer - client privilege?
A. No.
Q. And my communications with you?
A. I saw some e- mails, but can you be more
specific about the one you're talking about?
Q. The one where he indicated that it was a
minefield, and that my questioning you might invade the
lawyer- client privilege, and I shouldn't go into our
communications that were had in private.
A. I remember reading that e-mail.
Q. You just volunteered that I suggested you go
get public records from the town hall. Are you waiving
your lawyer- client privilege as to the conversations you
and I had, these meetings and phone calls you have
testified to, or are you invoking the lawyer- client
privilege with regard to those?
A. I'm still not clear on what it is you're
asking me. Which privilege are you talking about?
Q. You're saying that there was a lawyer- client
privilege. Your lawyer has written me saying there was
a lawyer- client privilege; that you have actually had
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Page 97
communications with me that you believe are privileged.
Are you invoking the privilege as to those
conversations, are or you waiving it by telling me what
we talked about?
A. No. I'm not waiving any privilege.
Q. Okay. So why did you volunteer that I told
you -- or we discussed that you would go to city hall
and get records?
A. It never occurred to me at the time that I
could even get records from the town before talking to
you.
Q. So you went to the town and you got records.
A. Yes.
Q. And did you give those records to me?
A. No. I reviewed the records in town hall
under
the supervision of the clerk.
Q. okay. And you didn't know back in 1998
that
you had the right to go see records regarding your
property that were in the town's keeping?
A. I knew you were entitled to your birth
certificate and some death certificates. But, no,
I
didn't know you could go in and have access to all
the
records that are available to you.
Q. So you went and looked at those records.
But
there was no litigation involving public records
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Page 98
requests in 1998 that I was involved in, was there?
A. No. The town was very forthcoming with the
records.
Q. So the case that you filed a motion to
disqualify me in is a public records request case,
right?
A. Yes.
Q. And there was no public records request
litigation going in that -- at that time, right?
A. No.
Q. And there was no -- in fact, there was no
litigation going on between you and the Town of Ocean
Ridge that I was your attorney on, right? It was a code
enforcement violation.
A. I consider that litigation.
Q. Other than the code enforcement, there was no
litigation that I represented you in, right?
A. Not formally, no.
Q. And were you involved in any litigation at the
time of this code enforcement? Were you a party in any
litigation?
A. Just prior.
Q. Was it settled?
A. It was settled, yes.
Q. And what was the style of that case?
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Page 99
A. I'm sorry. What was what?
Q. What was the style of the case?
A. The style?
Q. Yeah. Who was the plaintiff? Who was the
defendants?
A. I'm sorry. I'm not familiar with the term
"style." The town was the plaintiff. No. The town was
a defendant, and Emmett Pace was the plaintiff, and I
associated with it because it was regarding my property.
Q. So you were a party?
A. I don't remember if I was a formal party or
not.
Q. Did you have a lawyer that appeared in the
case?
A. No. At the time I was just getting advice
over the phone.
Q. So you didn't have a lawyer that appeared in
that case, and you weren't a party in that case.
A. I don't think I was -- I don't know if I was a
party or not.
Q. Do you know if you had an attorney that
appeared in the case?
A. Just advice I got from you over the phone.
Q. Did you have an attorney that appeared in the
case?
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Pap 100
1
A.
No. No.
2
Q.
So you don't know if you were a party in this
3
case, the
Emmett Pace case, right?
4
A.
This is a technical question, because I was a
5
commissioner at the time. The town was being sued. So
6
I guess technically I was a party as a commissioner.
7
Q.
Were you personally named or just the town?
8
A.
I was indicated in it because it was my
9
property.
So I believe my name appeared in the
10
complaint,
but I don't know if I was officially a party
11
to the action.
12
Q.
Were you served with a complaint?
13
A.
The town was.
14
Q.
Were you personally served with a complaint?
15
A.
I don't remember that.
16
Q.
Were you personally named in the complaint?
17
A.
I'm not familiar -- I'm not sure what "named"
18
means.
19
Q.
Who were the defendants that were named in the
20
complaint?
Who were identified as defendants?
21
A.
The defendant -- well, the Town of Ocean
22
Ridge.
23
Q.
Were you personally named as a defendant?
24
A.
I don't remember that.
25
Q.
Was your wife personally named as a defendant?
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Page 101
A. I don't remember that.
Q. Was the owner of the property named as a
defendant?
A. You mean Ocean Ridge Holdings?
Q. Wasn't that the name of the owner of the
property?
A. I'm the owner of the property. I was the
owner of the property.
Q. The property was owned and titled by Ocean
Ridge Holdings, LLC, right?
A. Yes.
Q. Was it named as a defendant? You know who I'm
talking about when I say owner of the property, right?
A. I use the terms interchangeably, but I thought
you made a distinction. I was trying to be correct in
my answer.
Q. Well, the owner has title, right? You may own
the entity or you may not. We'll ascertain that. But
we know as a matter of public record who the owner of
this property was, right?
A. The property was owned in name by Ocean Ridge
Holdings, and my wife and I own the property through
Ocean Ridge Holdings.
Q. You're members of the entity?
A. I'm sorry. I'm not savvy enough to know what
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the distinction is. Page 102
Q. And, Mr. O'Hare, was Ocean Ridge Holdings
named as a defendant in that Emmett Pace lawsuit?
A. I don't remember.
Q. Was Emmett Pace a friend of yours, neighbor of
yours? What was your relationship with Mr. Pace?
A. Acquaintance.
Q. Pardon?
A. Acquaintance.
Q. Was he adverse to you? Was he the one
complaining about this -- was he complaining about this
apartment building?
A. Was he adverse to me?
Q. Was he complaining to the town about your --
the apartment building?
A. Subject to the complaint was the fact that the
town gave me a permit to make these improvements that I
made.
Q. So he was objecting to what happened?
A. He objected to the permit being issued.
Q. So what was the cause of action he brought to
you? Do you recall what it was? Was it for some type
of corruption, abuse?
A. I believe the cause of action was that the
town issued a permit to me, when he thought the town
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did he not?
A. He represented the town.
Q. Did the town have any other attorney that
represented it?
A. I don't know if there was an insurance
attorney. I couldn't say. I don't know for sure.
Q. And, to your knowledge, have I ever appeared
at any Ocean Ridge Town Hall meeting on any matter?
A. I don't recall.
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Page 103
should not
have done that.
Q.
You don't remember what the cause of action
was called? Did you ever see a copy of the complaint?
A.
I don't recall that.
Q.
You don't recall ever seeing it?
A.
I don't recall.
Q.
Did you ever go to court with regard to it?
A.
No.
Q.
Did you ever testify with regard to it?
A.
I can't remember.
Q.
was it the subject of any hearings before the
town council?
A.
It was brought up at council meetings.
Q.
Who was the town attorney at that time?
A.
Paul Nicoletti.
Q.
He represented the town in that lawsuit, or
did he not?
A. He represented the town.
Q. Did the town have any other attorney that
represented it?
A. I don't know if there was an insurance
attorney. I couldn't say. I don't know for sure.
Q. And, to your knowledge, have I ever appeared
at any Ocean Ridge Town Hall meeting on any matter?
A. I don't recall.
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Page 104
Q. And, to your knowledge, have I ever appeared
at any code enforcement hearing on any matter?
A. I would assume over the last 30 years that's
true. But I don't know.
Q. So you think -- you think that I have been --
have you ever checked the Ocean Ridge records to see if
I've ever even appeared at one town hall meeting ever in
the Town of Ocean Ridge?
A. No, I never checked that record.
Q. And did you ever look to see under the town
records if I've ever appeared at any code violation
hearing in the Town of Ocean Ridge ever?
A. No, I never checked that.
Q. Have you even looked -- do you know how many
lawsuits my name appears on in just Palm Beach County in
the last 34 years?
A. No. I don't know that.
Q. Are you aware that when I got your motion,
because I have absolutely no recollection of personally
ever even talking to you or meeting with you as a
client, that I pulled -- I had my staff pull every
lawsuit that I have been involved in, in Palm Beach
County, and that your name doesn't appear on any
pleading or case that I have ever been involved in. Are
you aware of that?
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Page 105
A.
I wasn't aware of that.
Q.
Do you believe that I ever represented you in
any litigation?
A.
Yes.
Q.
So you believe that I appeared for you --
aside from this code violation you're talking about, you
believe I
have appeared as your attorney in some
litigation somewhere?
A.
Not a formal appearance, no.
Q.
Well, someplace where you've been a party or a
witness.
A.
No. Appearance, no.
Q.
I'm saying is there some case where you were a
party where you believe I represented you?
A.
I don't know if I was a party to that case.
Q.
The Emmett Pace case?
A.
Yes. I'm not sure I was a named party.
Q.
Were you ever a witness in that case?
A.
I don't recall that.
Q.
Were you ever subpoenaed in that case?
A.
I remember discussions with the other
attorneys,
but I don't remember.
Q.
Did you ever sign a retainer agreement with me
regarding
this Emmett Pace case?
A.
No.
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Page 106
Q. Did you ever pay me a fee with regard to the
Emmett Pace case?
A. I don't know if the fee that I paid for the
next case included some of that prior counsel, but I
can't say for sure.
Q. So -- all right. Were there any other cases
where you've been a party or a witness where you believe
I served as your attorney?
A. Not formally, no.
Q. What about informally?
A. Well, I did speak to you on the phone a number
of times and got advice on some of those things.
Q. What other cases did you have pending? This
was in 1998, between January and April?
A. Yes. It would have been the end of 1997 and
end of 198.
Q. Okay. And what cases were you a party to or a
witness to at the end of 197 through April of 198?
A. That would be the Emmett Pace, and there was
an action regarding a Sunshine Law violation.
Q. And action involving a Sunshine Law violation.
What kind of action was that?
A. It was investigation by the state attorney as
to whether I violated the Sunshine Law.
Q. And was that an open investigation?
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Page 107
A. I don't know what that means.
Q. Was there like a prosecution or a formal type
of proceeding?
A. I don't know what -- how they proceeded. I
just know that I was found exonerated later.
Q. Did you get some kind of notice that you were
being investigated?
A. I believe the town was noticed. I don't
remember personally being noticed.
Q. Were you a party, or was the town a party to
this?
A. It was against me and another commissioner.
Q. And who brought this complaint?
A. I think formally, it was made by a county
commissioner named -- I'm sorry. I can't remember his
MT-
ii[-
Q. Were there any hearings?
A. No.
Q. Were there any records about this? Any
writings about this?
A. I can only assume there were. I don't have
personal knowledge of that.
Q. Did you go to any hearings?
A. No.
Q. Did you ever see any charges?
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Debra Duran & Associates
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Page 108
A. No.
Q. Were you ever notified that you were a target
of any investigation?
A. Yes.
Q. Who notified you of that?
A. Well, I learned about it through the
newspaper, and I believe -- I can't recall exactly how I
first learned about it or whether I was formally
notified.
Q. But you say you were named as a target of
an
investigation by the state attorney?
A. Yes.
Q. And what evidence do you have of that?
A. Well, I have an article by Chuck McGinnis
at
the Palm Beach Post.
Q. What does it say?
A. I believe it says commissioner to be
investigated for Sunshine violation regarding bike
lanes, or something to that effect.
Q. There was a complaint filed by a county
commissioner regarding you?
A. Yeah. One of the ones that went to jail.
I
can't remember his name.
Q. And you never -- do you have any copies of
any
documents regarding that?
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Page 109
A. I think in that file, I might have the
newspaper article.
Q. In which file?
A. The one we discussed earlier about the digital
file of the archived records, archived newspaper
articles.
Q. And did the town -- was the town involved in
any hearings regarding this alleged Sunshine violation?
A. The town had hearings where I believe it was
discussed.
Q. You are talking about city council meetings or
town council meeting?
A. Yes.
Q. I'm saying, were there any hearings before
judges or magistrates or the Public Service Commission
or ethics panels regarding this?
A. No.
Q. So as far as you know, there was a complaint
filed. Who was the complaint filed with?
A. State attorney.
Q. Who was the state attorney at the time?
A. Don't know. Don't remember.
Q. And you never saw a copy of this complaint?
A. I don't recall that.
Q. And you don't know who's named in the
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complaint? Page 110
A. I don't know there was a complaint.
Q. You don't know if there was a complaint?
A. Well, the term "complaint" means a
commissioner complained to the state attorney's office;
but a formal complaint with defendant and plaintiffs, I
don't know.
Q. Do you know if there was written complaint by
the commissioner that was actually filed by the state
attorney's office?
A. It could have been a phone call. I don't
know.
Q. Do you know if the state attorney's office
ever opened a file to investigate this?
A. They announced that it was concluded, so I
don't know how they operate. I don't know what files
they keep and how they proceed.
Q. So you don't know if they just dismissed it
and didn't open a file or what happened?
A. It wasn't dismissed for quite awhile.
Q. When did the -- who was the councilman that
made -- or councilwoman that made the complaint to the
state attorney's office?
A. That was a county commissioner.
Q. Who was that?
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Page 1 I I
A. I'm sure I'll think of it as soon as we leave
here, but I can't recall his name.
Q. And you don't know who the state attorney was?
A. No.
Q. And when was this complaint made?
A. Between February and March. No. April.
Sometime in the first quarter of 1998.
Q. Sometime between February and April of 1998?
A. I recollect that, yeah. I think around April.
Q. This was for a Sunshine violation that you --
what, you met with -- someone alleged, or a county
commissioner alleged, that you and some other town
council met privately?
A. No. A commissioner and I met with the
Metropolitan Planning Organization on a fact - finding
mission regarding bike lanes on AlA. We were trying to
see if there was a way for them to install the lanes
without having the really wide setbacks that they had in
Boca Raton. For instance, you're familiar with AlA they
take every tree and rock out of the landscaping.
And we wanted to try to preserve that in Ocean
Ridge. So we met with the Metropolitan Planning
Council, a guy named Whitmore, Whitaker, something like
that. And that's what the basis of the action by the
state attorney was; the fact that the two of us met with
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Page 112
the planning council at the same meeting, and it wasn't
properly -- or it wasn't --
Q. Properly noticed.
And was it a public meeting that you had with
the member of the planning council or a private meeting?
A. Just fact - finding.
Q. Okay. And it had nothing to do with any -- it
didn't have anything to do with any allegation of
wrongful public records request, did it?
A. No.
Q. Didn't have anything to do with any claim of
abuse because of process, did it?
A. Abuse of process?
Q. Right.
A. Sunshine violation, I suppose, is an abuse of
process.
Q. Do you know what an abuse -- do you know what
the lawsuit "abuse of process" is?
A. No.
Q. There was no litigation filed with regard to
this alleged complaint by the county commissioner,
right?
A. I'm sorry. Say that again.
Q. There was no complaint -- there was no
litigation. You never saw a formal court document with
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Page 113
regard to that matter concerning your meeting with this
town councilman and planning member?
A. I remember it was an investigation by the
state attorney's office.
Q. Did you ever see a document with the state
attorney's name on it?
A. No.
Q. Have you ever seen any document regarding this
alleged complaint?
A. Newspaper article.
Q. That's it?
A. I can't recall.
Q. You can't recall any other documents regarding
this alleged complaint that you say was investigated by
the state attorney's office concerning you?
A. I can't recall ever seeing a document or
receiving a document.
Q. Your testimony is that while this was going on
with the state attorney's office, you did have
communications with me on the phone?
A. on this particular matter, I remember speaking
with --
Q. I don't want you to disclose any details of
the conversation if you say there's a lawyer - client
relationship.
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Page 114
I want to know during this time that the state
attorney -- you say the state attorney was investigating
you, are you saying you had some kind of communication
with me?
A.
Yes.
Q.
And was it in person or by phone?
A.
That would be by phone.
Q.
And was it before or after the code violation
hearing in the testimony of Ocean Ridge?
A.
I couldn't be sure. I don't know.
Q.
And you say you came to -- one of the two to
three times you came to my office was because you wanted
some type
of an adjustment on your bill?
A.
That was the last time.
Q.
The third time or the second time; you're not
sure which?
A.
It was the last time I met you, so the third
time.
Q. Second or third time you met me?
A. I believe I saw you three times. That would
have been the last time.
Q. So that was after the representation, was the
third time you saw me?
A. Yeah. Or business had been concluded at that
point.
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Page 115
Q. And you wanted an adjustment on your bill?
A. I think there was a balance due, or rather a
refund due, because the bill did not show all of the --
the full retainer being consumed, and I just came to get
the balance.
Q. And I gave you a refund; wrote you a check?
A. I recall picking up a check.
Q. Was it from my trust account?
A. I have no idea.
Q. Was it from Mr. Jonas? Do you know who it was
from? Strike that.
Do you know whose name was on the check?
A. I don't recall that.
Q. Do you remember the amount of the check?
A. I don't recall.
Q. Do you remember who the check was written to?
A. Let me back up. I do remember it being less
than a thousand dollars, but I don't recall the amount
or who it was made out to.
Q. And you don't know whose name was on the check
in terms of who the --
A. No.
Q. -- if it was my law firm or not?
A. I don't recall that.
Q. You don't know who the check was made payable
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to? Page 116
A. I don't recall that.
MR. SWEETAPPLE: Why don't we take a break for
lunch, and come back at about 1:15.
MR. HANNA: Okay. That gives us an hour.
(At 12:15 p.m. a luncheon recess was taken.)
(End of Volume I)
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Page 117
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I, the undersigned authority, certify that the
aforementioned witness personally appeared before me and
was duly sworn.
Dated this 11th day of November, 2014.
J' I\ / 1
Debra Duran - Bornstein, RPR, CLR
Notary Public - State of Florida
My Commission Expires: 8/20/15
My Commission No.: EE 112218
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 118
C E R T I F I C A T E
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I, Debra Duran - Bornstein, Registered
Professional Reporter and Notary Public in and for the
State of Florida at large, do hereby certify that I was
authorized to and did report said deposition in
stenotype; and that the foregoing pages are a true and
correct transcription of my shorthand notes of said
deposition.
I further certify that said deposition was
taken at the time and place hereinabove set forth and
that the taking of said deposition was commenced and
completed as hereinabove set out.
I further certify that I am not attorney or
counsel of any of the parties, nor am I a relative or
employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
action.
The foregoing certification of this transcript
does not apply to any reproduction of the same by any
means unless under the direct control and /or direction
of the certifying reporter.
Dated this 11th day of November, 2014.
FENORMHO 0 1 1
Debra Duran - Bornstein, RPR, CLR
Notary Public - State of Florida
My Commission Expires: 8/20/15
My Commission No.: EE 112218
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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November 12, 2014
Mark Hanna, Esquire
GMMM /MADISON P.A.
401 South County Road
Suite 3272
Palm Beach, Florida 33480
In Re: O'Hare vs. Town of Gulf Stream
The referenced transcript has been completed and
awaits reading and signing.
Please have your client review your copy of
the transcript at your convenience or if a copy was not
ordered, to call our office at the below - listed number
to schedule an appointment between the hours of 9:00
a.m. and 3:30 p.m., Monday through Friday to make an
appointment to come to our office and read the
deposition. If desired, your client may also opt to
waive signature. If so, please have your client sign
their name at the bottom and mail to our office to be
attached to the original transcript.
If the transcript is not reviewed and signed
within 30 days, the original, which has already been
sent to the ordering attorney, may be filed with the
Clerk of the Court.
Very truly yours,
Debra Duran & Associates
224 Datura Street, Suite 402
West Palm Beach, Florida 33401
PH: 561) 313 -8000
I hereby waive my signature:
CHRISTOPHER O'HARE
CC: All Counsel
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Page 119
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Page 120
C E R T I F I C A T E
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I hereby certify that I have read the
foregoing deposition by me given, and that the
statements contained herein are true and correct to the
best of my knowledge and belief, with the exception of
any corrections or notations made on the errata sheet,
if one was executed.
Dated this day of
2014.
CHRISTOPHER F. O'HARE
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 121
E R R A T A S H E E T
IN RE: O'HARE V GULF STREAM C.R. DD
DEPOSITION OF: CHRISTOPHER F. O'HARE
TAKEN: 10 -24 -14
DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE
PAGE # LINE # CHANGE REASON
Please forward the original signed errata sheet to this
office so that copies may be distributed to all parties.
Under penalty of perjury, I declare that I have read my
deposition and that it is true and correct subject to
any changes in form or substance entered here.
DATE:
SIGNATURE OF DEPONENT:
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
$ 1 2
$15,000 81:11,18
0
017717 17:14
1
1 15:9,11 19:10,
27:12 32:18 33:11,
14 34:7 36:16 45:5
10 81:10,11,17,18
85:23
10:25 4:10
11 45:10
11th 41:1,4
12:15 116:6
15 81:17 85:24
15,000 81:10
16 45:8
19 52:5
1978 51:19
1980 51:19,20
1983 94:13
1997 49:21,25
50:7,11,14 51:23
52:5,15 56:16 61:8
106:15
1998 37:22,23
48:9,17,19 49:1,5
56:18 57:12 58:13,
18,23 59:163:8
66:15 73:25 97:17
98:1 106:14 111:7,
8
1999 49:7
1:15 116:4
1st 21:20
20 10:6 11:12 12:16
2000 49:9 66:15
2014 4:9 17:23
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23rd 18:22
24th 4:9 18:25
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4
45 6:21
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70s 51:21
78 51:21
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90 73:4,5 77:13
97 48:12 106:18
98 48:12 56:16,17
62:5 78:2188:15
106:16,18
A
a.m. 4:10
Ala 111:16,19
ability 13:16 92:17
absolutely 104:19
abuse 102:23
112:12,13,15,17,18
access 44:2,5
97:22
account 46:12
81:23 82:1 115:8
accountant 38:10
accounts 58:23
accurate 24:2
accurately 23:8
Acquaintance
102:7,9
action 94:13
100:11 102:21,24
103:2 106:20,21,22
111:24
actions 53:25
address 51:654:24
addressed 65:12,
16
adjustment 77:23
78:1 114:13 115:1
adverse 102:10,13
advice 52:24,25
99:15,23 106:12
affect 13:15
affidavit 44:10
affirmed 5:4
agreed 93:1
agreement 15:3
38:13 47:19 61:10,
14,19,21,23,25
62:4 64:18 66:1,3,
7 68:19,21,23 82:8,
10,13,15,16,17,18,
20,2183:12,18,20
84:1,10 85:7,12,14
86:2,10,14,20,25
87:6,11, 92:12,18,
25 93:4,11,15,
94:18 105:23
agreements
38:23,25 46:18
47:2,18 83:22
86:6,24
ahead 15:20
Air 43:2146:10
airline 43:19,20
Alex 4:23
allegation 112:8
allegations 45:13,
14 71:25
alleged 109:8
111:11,12 112:21
113:9,14
allowing 92:16
amount 18:15
81:8, 85:20,21
115:14,18
announce 4:18
announced 21:21
110:15
answering 67:3
anteroom 91:19
apartment 52:19
59:6,7,60:13,15
70:2,6 102:12,15
apologize 58:21
86:23
appearance 22:18
23:4 24:6 47:16
105:9,12
appearances 4:18
appeared 17:18,
22,25 18:10 22:6
25:12,25 66:10
83:199:13,17,22,
24 100:9 103:23
104:1,7,11 105:5,7
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: $15,000- attomey
appears 104:15
application 47:4
appointment 57:4
appointments
57:18
approximately
4:10 5:2125:13
56:22
April 56:23 57:2,6
60:17 62:5 66:6,14
68:9 78:21,22
88:15 106:14,18
111:6,8,9
architectural
10:17
archive 33:15 34:2
41:7
archived 35:11,12
109:5
archives 27:6
28:12 33:19 34:16,
18 37:2,15 41:6
442,5,11,19
Arizona 8:1710:2
article 33:23 43:12
108:14 109:2
113:10
articles 35:6,11,12
41:15,18,21,23
42:1,6,25 43:1,3,5,
11 109:6
ascertain 101:18
assigned 11:1
assume 14:9 16:17
44:6 104:3 107:21
assumed 46:24
assuming 16:15
79:24
assumption 24:3
attic 48:6
attorney 5:16:12,
14 15:3 28:20,21
29:10,19,24 30:5
47:1166:10 67:23
98:13 99:21,24
103:14,19,22 105:7
106:8,23 108:11
109:20,21 111:3,25
114:2
attorney's 110:5,
10,13,23 113:4,6,
15,19
attorney - client
35:2
attorneys 11:17
60:7 87:10,11
105:22
aware 15:2,17
17:15,17,22 29:10,
19,23 30:3 40:20,
24 56:9 63:1,2
76:10,14 80:22
104:18,25 105:1
awhile 110:20
B
back 8:1011:21
19:10 20:11,14
21:20 23:1134:14
35:2136:2,17
39:2140:3 44:20
48:17 49:7,15
58:23 59:170:3
115:17 116:4
Baker 6:13
balance 82:6
115:2,5
bank 43:18 58:12,
17,20
banks 58:17,22,25
59:5
bar 86:9
based 32:22
basically 35:20
92:13,21,22
basis 25:3 111:24
Batmasian's
54:18,19
Beach 12:8,9 27:2,
7 33:15 34:2 41:6,
2143:6,24 104:15,
22 108:15
beginning 93:9,17
behalf 17:23 56:13
61:10 62:7 69:1
93:16,20
believed 22:9
36:16
bike 108:18 111:16
bill 25:7 77:20,22
78:3,5 83:14,16
114:13 115:1,3
billed 79:13,16
billing 38:1,2,12,
2179:1,4,7 87:8,14
bills 24:2425:1,5
57:22,24
birth 97:20
black 16:4
blacked 16:4,8,12,
14,15,19
blocks 67:6
Bob 56:14 92:3
Boca 4:14 10:11
11:12 54:5,17,19
55:3,8,9 66:17
111:19
Botts 6:13
boxes 48:6
break 14:11,41:12
116:3
breakfast 23:12,
13
Bracket 4:22
brother 49:24,25
50:2,6,9,10,11,18,
19,20
brother's 50:3
brought 53:6,16
102:21 107:13
Broward 12:8
Brown 37:14
building 12:2,3
52: i9 60:13,16
70:2,7 74:11,14,16
75:1,3,5,11,13,15,
17,18,22 77:2
102:12,15
built 12:2
business 48:8
114:24
buying 61:4,6
buzzing 14:18
[a]
C- e- n -d -e -o 8:13
cabinet 86:25
calendars 26:22
call 28:654:7,8,10
110:11
called 14:17 15:1
58:14,16 103:3
calls 96:18
Canada 7:6,7
car 72:15
card 43:15,16,17,
19 44:146:4,5,8,9,
10,11
carpet 76:5
case 62,4,6,8,10,
24 7:1,3,20 8:14
9:24 10:1,7,8
11:15,18 12:5,10
14:15 17:9,12,14,
18,20,23 18:1,11
19:2,6,1121:25
22:2,6,8,9,16
25:12,25 45:15
46:16 68:18 87:22
94:20 95:2,9 98:4,
5,25 99:2,14,18,22,
25 100:3 104:24
105:13,15,16,18,
20,24 106:2,4
cases 8:7 106:6,13,
17
caused 52:15
Index: attomey's- computer
caution 72:3
Cendeo 8:11
certificate 97:21
certificates 97:21
challenged 52:20,
21
chambers 91:20
change 11:21
93:13
characterize 36:8
charge 68:25
charges 107:25
check 115:6,7,12,
14,16,20,25
checked 104:6,9,
13
checking 58:23
Childers 63:10
choked 23:16
christopher 4:11,
20 5:3,10 17:13
chronological
34:21
chronology 34:22,
24 35:6
Chuck 108:14
circle 51:1
city 54:6 70:11
88:5 97:7 109:11
civil 93:15,20
94:11,20
claim 53:1 112:11
claims 53:15
clarify 26:20
clause 85:17
clear 36:2244:25
45:2,3 95:24 96:21
clerk 97:16
client 79:23 83:5
84:25 104:21
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
clients 83:10
closer 55:3 57:6
68:9
co- counsel 4:22
17:12
Coastal 37:8 41:24
code 53:15 59:7
63:19,20 68:24
69:21,22 70:1,6,8,9
88:8,10,11,14,20
89:7,11,14,15,17,
18,20,24 90:2,12,
13,19 98:13,16,20
104:2,11 105:6
114:8
combined 43:6
commission 21:21
109:15
commissioner
100:5,6 107:12,15
108:17,21 110:5,9,
24 111:12,14
112:21
commit 23:17
common 27:17
communication
25:8 95:21 114:3
communications
96:7,13 97:1
113:20
company 7:19
10:15
competent 6:17
53:23
complained 110:5
complaining 78:3
102:11,14
complaint 100:10,
12,14,16,20 102:16
103:3 107:13
108:20 109:18,19,
23 110:1,2,3,4,6,8,
22 111:5 112:21,24
113:9,14
computer 92
concerned 70:1
concluded 110:15
114:24
conclusion 33:6
conclusively
19:25
condition 14:17
conference 70:7
89:25 91:7
confirm 15:24
confuse 86:24
construction 19:4
consumed 86:13
115:4
contact 52:15
contacted 53:2,18
contents 16:21,25
continued 93:24
contract 38:3
contribute 92:4
conversation
20:22,24 21:163:6
73:12,18 113:24
conversations
21:4,6 29:18,24
35:18 63:1,4
77:15,17,2195:4,6,
16 96:17 97:3
copies 33:19,21
41:10, 46:13,17
47:1 108:24
copy 15:9,1346:25
78:7 80:18 103:3
109:23
copyright 10:8
correct 15:7 16:22,
25 37:10 61:5
66:15,22 70:3
87:1188:12
101:15
correspondence
73:17
corruption 102:23
council 88:5,6,7
103:12,13 109:11,
12 111:13,23
112:1,5
councilman
110:21 113:2
councilwoman
110:22
counsel 5:17 15:2
56:7,9 80:6 82:22
106:4
county 12:8,9
104:15,23 107:14
108:20 110:24
111:11 112:21
couple 18:4,18
96:5
court 7:10,12,13,
14 8:18,19 12:6,7,
10,37:18 72:1
103:7 112:25
create 42:9,11,24
created 41:1443:2
credit 43:15,16,17
44:146:4,5,8,9,10,
11
Crescent 7:6
D
data 26:22
date 18:8,12,13
19:12 22:17,24:19
40:7,11,1241:5
54:1157:7 90:17
datebook 37:21,23
38:19 57:15,21
dated 50:1,20
dates 34:13,20
dating 49:23,25
50:6,9,11,18,19
day 4:9 19:17 26:3
42:10,1166:7
68:16 89:13,15,17,
24 90:12,16,17,19,
25
days 18:14 24:19
25:24 26:10 30:23
90:2,13,18,22,25
91:196:5
daytime 88:19,22
deal 58:12 61:18
dealt 73:21
death 97:21
Debra 4:314:23
decide 21:15,18
25:25 26:7
decided 25:16
26:15,23 35:20
decision 25:20
26:17
deduction 38:5
defendant 7:8
10:16 11:6 12:4
99:8 100:21,23,25
101:3,12 102:3
110:6
defendant's 9:18
15:11
defendants 7:18
99:5 100:19,20
defending 53:24
Defense 15:2
denied 92:17
deposed 5:11,20
10:2 13:20
deposition 4:3,11,
13 6:20 7:218:8
9:25 10:3 11:4,8,
10 12:13,15 13:19
14:15,25 15:4
44:9,17,24 64:4
descriptive 54:20
Designs 7:58:9,11
desk 76:8
details 13:7 113:23
Diane 50:22,23
51:8,14 52:6,9,15
53:2,9,19,21
dictating 92:23
digital 41:14,20
42:2 109:4
dinner 23:15
DIRECT 5:6
direction 35:1
disagree 21:14
disclose 113:23
discuss 86:19
discussed 23:23
24:7 31:5,7 77:12
94:5,18 97:7
109:4,10
discussion 93:10
94:23
discussions
105:21
dismiss 68:24
dismissed 110:18,
20
dismissing 93:8
disposal 45:23
disqualified 25:21
disqualify 15:2
17:9 21:12,16
22:14 24:8 25:17
26:1,8,15,17,23
29:3 98:5
disqualifying
23:1,24
distinction 83:6
101:15 102:1
distinctly 91:9
distributor 10:17
District 7:13
document 31:14
33:10 39:18 45:4,
9,10,15 47:18
112:25 113:5,8,16,
17
documents 26:21
29:12,2130:10
31:20,23 32:11,17
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: concerned -entity
33:13 47:19 64:2,
7,25 65:2 95:17,23
108:25 113:13
dollars 115:18
Doris 6:18
downtown 7:14
55:3,11,12
Drive 51:7
driving 72:9,11
due 115:2,3
duly 5:4
Duran- bornstein
4:3
L
e-mail 96:4,14
e -mails 96:8
earlier 24:2144:8
109:4
early 51:21
easily 86:23
east 74:2,8
Ed 55:25
Edward 80:5
82:21
effect 108:19
elevator 74:16
Emmett 53:7,8,11,
13 99:8 102:3,5
105:16,24 106:2,19
end 92:3 106:15,
16,18 116:7
enforcement 88:9,
10,12,14,20 89:7,
11,14,15,17,18,20,
24 90:3,13,14,19
98:14,16,20 104:2
entire 78:13
entitled 97:20
entity 28:7 59:11
66:4 93:16,21
101:18,24
ethics 109:16
evening 88:18
events 35:13 36:18
evidence 39:23
108:13
Evidently 26:16
exact 40:7,1141:5
54:23 58:3 72:6
77:25 90:17
EXAMINATION
5:6
examined 5:4
excellent 54:5
exchange 68:25
Exhibit 15:9,11
19:10,27:12 32:18
33:11,14 34:7
36:16 45:5
exist 59:19
existed 82:9
exonerated 107:5
expected 13:25
expenses 82:5
experience 53:24
extent 78:24
F
fact 11:1529:2
66:9 98:11 102:16
111:25
fact - finding
111:15 112:6
facts 28:10 42:17
fair 14:9,12 36:15,
21
Falk 50:22,23
51:8,14 52:6,9,15
53:2
fall 56:21
familiar 99:6
100:17 111:19
Fargo 59:3
February 79:4
111:6,8
federal 7:14 8:18
12:1,6 55:10 74:2,
3 92:15 93:20
94:2,20
fee 77:23,24 81:12,
14,17,19 82:3,7,10,
13,15,16 86:11,17,
20 106:1,3
fees 58:1,5,8
fellow 12:2 53:7
90:9
felt 36:2
fighting 54:6
file 27:2,4,5 41:14,
15,2142:2,7,10,14,
24 43:2 92:15,19
93:7,15,20 109:1,3,
5 110:14,19
filed 8:14,1614:15
15:10,18,22 21:2
29:3 37:17 39:21
53:10 94:2 98:4
108:20 109:19
110:9 112:20
files 47:1348:5,14
110:16
filing 17:9
fill 14:18
final 81.•12
financial 38:5,13
39:4
find 37:23 42:12
45:22 47:25 48:17
49:16 59:25 60:1
80:20
finer 92:24
finish 67:3
firm 7:6 9:1611:6,
20,25 17:9,11,18,
23 18:10 21:16
22:14 23:24 25:12,
17,24 26:1,8,33:24
34:3 35:16 38:4,6
39:1146:22,23
47:2,14 48:11,23
56:7,9 57:19,20
60:2,6 61:10 62:1
65:6,25 78:17
80:1,19,25 81:15
82:21,22 83:3
84:11 115:23
firm's 46:24 47:20
80:8
firms 83:23
fit 45:23
flat 81:12,14,17,19
floor 75:1,3
floors 75:12,15
Florida 4:5,14
12:15
focused 76:24
follow 93:11
form 24:133:2
35:22 36:4,5 40:16
formal 99:11
105:9 107:2 110:6
112:25
formally 98:18
106:9 107:14
108:8
formed 61:3
Fort 51:17
forthcoming 98:2
Foster 4:23
found 37:2447:23
48:22,24,25 49:1,3,
4,8,10,13 107:5
fourth 10:3
Francis 5:10
friend 52:1,3
102:5
friends 51:1
full 115:4
function 43:10
furthest 49:15
fd
games 31:11,13
gave 8:8 9:25 10:3
28:25 31:4,7,8
64:2 102:17 115:6
generally 55:2
give 13:18 14:14
43:25 58:3 72:6
85:11 86:21 97:14
Giving 31:9,14
Glades 4:13 74:5
glasses 69:7
God 10:22
Good 5:8 15:14
grammar 50:24
Graphicworks
4:16
ground 75:3
Grove 7:58:9,10
guess 14:2100:6
guessing 44:6
78:14
guidelines 13:19
Gulf 4:1217:13
19:2,7 21:10,17
23:25 40:21
guy 111:23
W
hair 72:17
half 44:24
hall 40:4 54:6 60:4,
8 66:25 67:1,6,8
68:7 70:1172:25
90:23 91:21,22,23
95:18,22 96:16
97:7,15 103:24
104:7
hammer 68:19,21
69:22
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: ethics - Holdings
hand 32:1,4,5
39:10
handed 31:20
Hanna 4:2015:14
17:5,2120:16
24:1,24 27:15,17,
19 28:6 29:13,16,
18 30:7,25 31:4,9,
13,19 33:2 34:25
35:22 36:4,6,9,12
40:4,9,16,20 54:21
64:2,8 69:5,12,17
87:20 116:5
happen 93:10
happened 5:25
13:5,6 33:4 34:14
91:10 110:19
Harbor 51:7
head 35:939:13,19
80:13, 94:16
hear 14:19,20
38:24 50:16 70:23
75:14 93:17
heard 49:18,19
50:14
hearing 12:22
47:7,8,17 66:6
68:16 88:9,10,12,
14,20,23 89:8,11,
14,16,17,18,21,24
90:3,13,14,20
104:2,12 114:9
hearings 103:11
107:17,23 109:8,9,
14
held 4:13 82:1
helpful 36:25 37:1
Highway 12:1
55:10 74:2,3
hired 81:14
hiring 84:15
Hmm 30:1
hold 37:14
Holding 63:9
Holdings 59:15,
16,19,23 60:2,6,10,
21,23 61:2,11,16
62:8 63:22 64:16,
23 65:3,12 83:7
101:4,10,22,23
102:2
home 67:4,570:12,
15,17,19,22,25
71:3,4, 72:5,24
73:8,13,14,19
77:1187:17
hone 23:19
hope 50:8
hour 44:24116:5
hourly 86:15,17,
20,22
hours 48:3,17
86:13
house 71:20
I
idea 23:23 115:9
identification
15:12
identified 100:20
identifying 69:10
identity 31:15
50:17
immediately 8:5,6
72:24
improvements
102:17
inaccurate 21:13
incident 13:142:5
46:19
Incidents 34:13,21
91:9
Include 41:21
Included 106:4
individually 7:4
62:7 64:22 65:11
66:4
informally 106:10
information 44:1
69:19
Initially 27:10
inside 70:22 75:12
install 111:17
instance 94:14
111:19
instruct 29:13
30:25 31:134:25
insurance 103:21
intellectual 6:7
10:8
interchangeably
27:18 101:14
interest 27:17
intermission
93:25
interpretation
20:25
Intracoastal 74:8,
9
invade 96:11
Investigate 28:9
37:17 110:14
Investigated
107:7 108:18
113:14
investigating
114:2
Investigation
26:18 106:23,25
108:3,11 113:3
invoice 78:7,9,11,
19,20,22,24 79:2,5,
8,9,11,14,23 80:2,
4,6,7,9,15,19,22
81:4,6,9 82:13
invoiced 77:21
invoices 78:16
80:12,25
Invoking 96:19
97:2
Involved 19:6
24:10,12 47:20
98:1,19 104:22,24
109:7
Involvement 81:2
involving 22:6,11
29:12 46:2160:2,
15 97:25 106:21
issue 10:5
issued 63:21
64:15,16 81:1
102:20,25
Issues 94:5
Itemized 25:1
items 49:13
J
jail 108:22
January 56:23,25
57:1,6 62:5 66:14
68:9 78:21,22 79:1
106:14
Jason 4:15
Jerry 37:8,12,16
Joanne 4:22
job 14:5
joint 63:6
joke 72:22
Jonas 55:2556:1,
2,3,5 58:8 65:5
66:8,10 79:18
80:4,5 82:2187:8
91:7,11 115:10
Jonas' 87:5
Jones 4:23
judge 9:1 10:24,25
11:137:14 75:24
judges 109:15
IN
keeping 44:7
97:19
kind 6:4 57:14,16
72:15 106:22
107:6 114:3
knew 19:6 39:9
50:23 53:1154:5
97:20
knowledge 14:1
61:1172:4 103:23
104:1 107:22
L
land -use 52:23
landmark 74:12
landscaping
111:20
lanes 108:19
111:16,17
language 92:24
93:13,23 94:12
Lanker 90:9,10
Large 4:5
late 51:21
Lauderdale 51:17
law 31:17 53:24
62:182:21,22
83:3,23 106:20,21,
24 115:23
lawsuit 53:1,8
92:15,19 94:2,11
102:3 103:16
104:22 112:18
lawsuits 104:15
lawyer 9:8,15,19
20:3,15 52:6,7,10,
53:22,23 54:5
79:20 84:14,15,16
96:1,24 99:13,17
lawyer's 11:23
20:1
lawyer- client
95:20 96:5,12,17,
19,23,25 113:24
lawyers 9:15,17,
18, 86:21
lawyers' 9:3
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: home -long
lay 82:9
leading 36:7,9
learn 17:2518:4
learned 18:10,16
19:121:10,18,24
23:3 24:6 25:20,
23,24 49:22 108:6,
8
learning 25:12
26:13
leave 111:1
led 56:11,12
legal 4:1645:10
47:14,18 52:14,21
57:22,24 58:1,5
60:22
letter 65:5,10,12,
14,15,18,21
letters 65:24
life 83:23
light 13:20
limited 15:4
limits 43:11
list 38:18
listening 92:8
litigation 24:11
52:16,18,23 97:25
98:9,12,15,17,19,
21 105:3,8 112:20,
25
living 51:2,4 71:17
LLC 59:12,13,14,
17,18,19,24 60:2,6,
10,21,23 61:2,11
62:8 63:9,23
64:16,23 65:12
66:4 101:10
local 10:5,17
locate 38:16,17,18,
19,21,23 47:19
long 6:20 10:5 21:6
30:23 71:20 72:5
73:2
long -term 49:13
looked 27:11,13,
15,16 28:12,13,15
35:6 37:19 38:1,3,
4,12 39:6 41:13
42:21,24 43:1,12
44:19 45:9 47:11,
23,24 48:5,6,7,16
49:1167:25 75:22
77:2 97:24 104:14
lot 8:1
Lou 5:130:4
lower 7:14 37:8,
12,16
Luce 37:14
lunch 116:4
luncheon 116:6
M
made 17:15,17,22
23:3 24:6 25:20
30:8 38:4 41:10
45:13,14 94:11
95:10,12,13 101:15
102:18 107:14
110:22 111:5
115:19,25
magistrate 88:9,
16
magistrates
109:15
maiden 50:22
make 16:9 17:1
29:20 33:19,21
41:12 95:15
102:17
makes 14:17
making 26:17 33:6
71:25 83:6
mall 55:10
manager 90:6,8
managers 63:8
Manhattan 6:22
7:14
manufacturer 7:6
March 21:20 79:7
88:15 111:6
mark 4:20 15:9
17:21
marked 15:11
Mastercard 43:21
matter 4:1133:25
34:4 39:12 65:21,
24 101:19 103:24
104:2 113:1,21
matters 34:7 39:23
48:12,20
Mcginnis 108:14
meaning 64:5
means 19:4100:18
107:1 110:4
meant 81:19
medication 13:15
meet 20:3,6,7,9,19,
2151:8,16 55:18,
21,23 66:24 67:7
72:25 73:2 78:5
87:2
meeting 20:15,23
21:2151:14 56:2
62:18,22 67:10,11,
13,15,17,20,21,22
68:1,4,6,12 69:21,
23 70:11,20,21
71:2 77:1 1,12,16
80:24 87:18 88:5,6
91:4,11,17,25 92:2,
4,5,9 93:2,9 94:8,
17,25 103:24
104:7,20 109:12
112:1,4,5 113:1
meetings 62:14,15
77:10,14 87:17
96:18 103:13
109:11
member 60:25
112:5 113:2
members 63:12
101:24
memory 13:13
23:17 34:11,12,14,
15,17,19 58:9
68:13
mentioned 54:1
93:24 94:2,19
met 9:8,16,1712:3
20:12 51:23 55:25
57:19 66:13,18,19
67:4 77:8 78:6
85:5 87:4,25 88:11
89:13,23 111:11,
13914,22,25
114:17,19
meta 42:12
Metropolitan
111:15,22
minefield 96:11
minor 12:5
minute 25:19
minutes 6:21
25:24 26:9 733,4,
6 77:13
mischaracterizati
on 36:6,10
mission 111:16
misspeak 50:8
misunderstood
60:12
moment 94:9
money 31:15
monies 38:6
month 18:1,25
19:4,5,7,8,14,15
21:9 22:1,4,1 1,21,
23 23:1124:22
25:13 26:14 30:18,
24 32:9,23,25 33:5
35:20 40:18,21
54:14 56:18 57:9
64:1168:8 88:14
monthly 25:3
months 24:19 25:6
morg 27:2,4,5
Morgan 21:21
Index: long -tenn- obtained
morning 5:8
motion 15:1,2,7,
10,16,17,22,25
16:3,22,25 17:2,9
19:12 20:4,7,12,16
21:2 24:7 27:12
28:1129:2 32:13,
17 36:139:7,10,17$
22 40:9,15,22,25
42:18,22 44:10,12,
18 47:5 48:21 98:4
104:18
mouth 71:7
move 21:15 25:17
26:1,7,15,23
moved 26:22
moving 21:12
22:14
multistory 74:25
municipal 53:24,
25
N
named 53:7 65:2
87:1190:9 100:7,
16,17,19,23,25
101:2,12 102:3
105:17 107:15
108:10 109:25
111:23
names 9:22 89:1
needed 45:18
negative 34:8
neighbor 37:11,13
52:20,2153:12
102:5
neighbors 37:6,7
nervous 92:20
networking 52:11
newspaper 41:23
42:21 108:7 109:2,
5 113:10
newspapers 28:13
37:2 43:22 44:12
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Nicoletti 67:24
68:3 69:21,24
70:1172:25 73:2
77:13 87:19,20,23,
24 88:4,1189:13,
23 90:5 91:8,18
92:1194:18
103:15
Nicolitis 87:19
nonrefundable
82:3,8 86:3,7,11
north 74:5
Notary 4:4
notice 22:18 23:3
24:6 63:14,17,21
107:6
noticed 107:8,9
112:3
notices 47:7,8,16,
17
notified 108.2,5,9
number 43:1,13
58:3 72:6 77:25
81:3 94:10 106:11
X
O'connor 4:23
O'bare 4:11,12,20
5:3,10,11 17:13
31:19 63:1165:14
102:2
O'bare's 5:1
oath 28:10 32:15
45:4,14,20 61:24
70:14 72:4,5
object 24:130:25
33:2 35:22 36:4
40:16
objected 93:23
102:20
objecting 102:19
objection 36:5
obtain 40:4
obtained 30:10
31:25 32:12 40:20
60:3,7 64:3
occasions 5:13
51:24
occur 24:18 32:9
68:6
occurred 35:14
45:8 48:12 62:15,
16 68:4 97:9
ocean 27:14,20
28:14,16,17,22,24
29:6,11,20 30:9
31:20 32:12 46:20
51:5 52:17 53:13,
14 59:15,16,19,23
60:2,3,5,9,14,15,
21,23 61:2,10,16
62:7 63:9,15,22
64:3,8,16,19,22,23
65:3,7,1166:25
67:1,6, 68:7 74:17,
19 83:7 88:6 95:2,
9 98:12 100:21
101:4,9,21,23
102:2 103:24
104:6,6,12 111:21
114:9
October 4:918:1,
21,25 19:130:18,
23 46:2
offended 24:11
offhand 9:23
office 11:1219:20,
22 20:1,19 31:16
48:6 54:16 55:7,
14,16 56:15,25
57:5,12 62:16,
66:17,18 70:10
73:25 74:19,21
75:18,22,24 76:4,
11,14,18,19,21,23
77:1,8,9,10,23
87:3,17 110:5,10,
13,23 113:4,15,19
114:12
offices 9:3,5 32:7,8
officially 100:10
on -line 43:3 44:1
open 106:25
110:19
opened 110:14
operate 110:16
opposing 9:17
order 34:21
Organization
111:15
owned 59:7,8,9,10,
60:13,18 101:9,21
owner 60:22
101:2,5,7,8,13,17,
19
owns 54:21
P
p.m. 116:6
Pace 53:7,8,11,13
99:8 102:3,5,6
105:16,24 106:2,19
pages 85:7
paid 43:1158:4,7,9
81:14 106:3
pallet 48:7
pallets 48:7
Palm 12:8,9 27:2,7
33:15 34:2 41:6,21
43:6,24 104:15,22
108:15
panels 109:16
papers 47:14
paralegal 79:21
parameters 13:18
paraphrasing
54:4,7
Pardon 102:8
parents 13:2
parked 77:3
part 31:947:10
78:24 87:15
participated 91:7
parties 64:21
82:14 95:6
partner 4:23
party 6:219:7
51:13 52:16 63:3
98:20 99:10,11,18,
20 100:2,6, 105:10,
14,15,17 106:7,17
107:10
pass 19:10
passed 18:16
past 27:635:14
Paul 87:23 103:15
pauses 93:22
pay 43:14,22,23,25
106:1
payable 115:25
payment 38:4,13
39:2 45:25
penalties 28:10
pending 25:25
53:2,4 68:18
106:13
people 35:1953:24
70:4 86:9 88:24
92:16
period 43:12 56:22
57:1,3 68:10
78:11,19,23
perjury 28:11
permit 52:20
102:17,20,25
person 31:15 90:4,
5 114:6
personal 14:1
43:17 47:13,20
72:4 107:22
personally 10:14
20:7 28:5,6,9
53:15,16 59:11
60:20 61:13,15,25
63:22 64:15 66:10
73:18 100:7,14,16,
23,25 104:19 107:9
pertinent 36:18
45:20
Peterson 4:15
petition 59:24
Phoenix 8:179:4,
6,19
phone 20:22,23
21:1,4,6 51:9,13
62:25 63:3 71:4
77:15,17,23 88:1
89:25 96:18 99:16,
23 110:11 113:20
114:6,7
physical 39:23
76:18
physically 28:23
91:3
pick 70:21,24 73:9
picking 115:7
picture 80:16
pictures 74:23
Pineapple 7:5,16
8:9,10
place 48:7 66:19,
20 88:5,8 91:17
plaintiff 4:19 6:5
7:16 10:12,13
11:15 13:2 99:4,7,
8
Plaintiffs 15:1
plaintiffs 7:15
110:6
planning 111:15,
22 112:1,5 113:2
play 31:11
playing 31:13
pleading 104:24
pleadings 46:14,
22 47:17
plenty 48:11
point 52:163:16
114:25
policy 44:6
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: occasions- problem
political 52:24,25
portions 45:19
position 24:4
Post 27:2,7 33:15
34:2 41:2143:6,24
108:15
potential 52:16,18
preceded 21:13
precise 39:25
predicate 82:9
prepare 34:22
35:5 42:14
prepared 46:23
47:14
present 5:162:14,
18,22 63:5 67:13
88:23,25 89:20
91:12 95:5
preserve 111:21
pretty 13:6
previously 50:20
primarily 70:5
Printing 8:13
prior 20:1622:11
34:15 36:1,15 45:9
50:10 51:23 59:24
61:4,8 64:3,5
67:1170:20,21
72:24 73:13 90:2,
15,18,24,25 93:14,
18 94:1,4 96:22
106:4
private 67:21,22
96:13 112:5
privately 95:7
111:13
privilege 31:10
35:2,4 95:20 96:5,
12,17,20,22,24,25
97:2,5
privileged 31:2,3,
16 97:1
problem 52:14
problems 13:13
proceed 110:17
proceeded 71:2
107:4
proceeding 72:1
107:3
proceedings
12:19
process 112:12,13,
16,18
products 10:18
12:2
Professional 4:4
properly 112:2,3
property 6:7
54:18,19 60:18,22
61:4,6,7 97:19
100:9 101:2,6,7,8,
9,13,20,21,22
prosecution 107:2
provide 31:23
provided 34:13,20
public 4:427:13,
19 28:13,15,19
29:11,20 30:8
47:10 68:16 69:19
95:10,13,22 96:16
97:25 98:5,8
101:19 109:15
112:4,9
publisher 37:8
pull 104:21
pulled 104:21
purchased 52:19
61:7
purpose 73:8,10,
11
pursuant 15:3
put 12:2 13:21
42:1,6 61:1,25
81:23
G
qualify 14:16
50:17
quarter 111:7
question 14:5,6,9,
2121:13 22:22
23:7 26:9 29:16
34:8 36:7,12,13
40:10 60:12 67:3
100:4
questioning 96:11
questions 13:23
R
rack 48:7
Raider 32:6 64:8
rate 86:15,20,22
87:8
rates 87:14
Raton 4:14 10:11
54:5,17,19 55:3,8,9
66:17 111:19
reaction 25:11
read 17:135:12
44:20 64:10,25
reading 96:14
reason 14:14
80:24
recall 5:19 6:15
8:5,6,25 9:2 11:7
16:16 20:15 21:5,8
23:22 30:15,17,20,
22 39:15,20,21
40:2,3,7,10,13,19,
23 41:3,5,16 42:3,
8,13,19,23 43:8,13
44:11,16,21,22,23
54:11,14,16,23
55:6,7,9,24 56:1,2,
3,18,20 57:25 59:5
61:12,17,23 62:9,
13 64:17,24 65:112,
13,15,17,20 66:5,
12 71:9,10,13,15,
19 73:20 74:4,7,10,
13,15,20 75:2,17
76:6,12,15 77:25
78:10,16,17 79:3,6,
9,14 81:6,7,8 82:22
83:4,17 84:13
85:6,9,14,15,16,18,
19,21,23 86:2,5,10,
16,18 87:1,7,9
88:3,17 89:1,2,12,
19,22 91:24 92:6,7,
8,10 94:7,9,10,13,
17,25 95:1,8
102:22 103:4,5,6,
25 105:19 108:7
109:24 111:2
113:12,13,16
115:7,13,15,18,24
116:2
received 13:19
45:24 78:17 81:4
receiving 81:6
113:17
recently 25:7
42:15
reception 76:8
receptionist 76:2,
7,10,13
recess 116:6
recite 85:11
recognized 94:16
recollect 71:1,6,21
111:9
recollection 14:1
35:8,10,13,21
36:17,22 37:17
70:16,18 71:24
73:175:7,9,10
80:8 88:13 104:19
recollections 36:3
recommended
49:24 54:1,7
record 4:8,18,25
13:2137:20 44:4
58:1195:10,13
101:19 104:9
records 26:19,20
27:13,20 28:13,15,
19,25 29:2,5,11,20
30:8 34:6 37:19
38:1,2,5,12,13,21,
25 39:4,9,15 40:4,
8,14,2141:6,7,13
42:2145:25 46:13,
17,24 47:11,12,20
48:9,11,16,17,19
49:1,4,7,12,16
57:11,13,14,16
58:4,7,22 59:1,21,
24 60:1,3,5 65:7
67:19,25 68:11
69:3,9 95:22 96:16
97:8,10,12,14,15,
18,23,24,25 98:3,5,
8 104:6,11 107:19
109:5 112:9
recused 24:5
reference 94:11
referenced 33:24
65:21,24
referred 27:5
referring 17:12
32:11
reflect 4:25
refresh 34:12,18,
19 36:17 37:16
refreshed 34:11,
14 35:8,13,2136:3
refund 115:3,6
refundable 82:3,
4,8 86:3,7,11
regard 5:1515:1
28:7 33:25 34:3
49:186:14 88:4
95:2196:20 103:7,
9 106:1 112:20
113:1
Registered 4:4
relate 35:16
relationship
102:6 113:25
releasing 93:8
relied 39:13
remember 6:12,
16,18 7:8,10,12,23
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: problems- request
9:10,22 10:7,20,22,
23 11:5,8,10,14,16,
17,19,20,22,23,25
12:5 13:1,3,7,16
16:10,18,20 19:17,
21,24 23:10,11,13,
15,16,17,18 32:20,
21,24 33:4,7,8,9,10
45:1,7,17,19 50:3
51:12,14 63:7,24,
25 64:172:10,12,
14,15,16,74:17,18,
24,25 75:4 76:5,8,
20,21,22,23,25
77:1,8,11,22 78:15
79:17,19,22 80:1,
1181:5 82:7,24
83:2,5,8,13 84:20,
23 85:25 87:4,10,
14,15 90:2191:5,9,
16 92:3,13,20,21,
93:22 96:14 99:11
100:15,24 101:1
102:4 103:2,10
105:21,22 107:9,15
108:23 109:22
113:3,21 115:14,
16,17
repeat 36:13
rephrase 14:6
Reporter 4:4
represent 52:25
representation
23:24 38:3 47:20
65:22 81:2182:17,
20 85:17 114:22
represented 5:16
8:24 9:20 10:21
11:6,18 33:24 34:3
39:1157:20 65:19
78:13 98:17
103:16,18,20
105:2,14
representing
18:16 19:1,6
21:10,16,19,22,25
22:9 85:2 96:1
represents 17:20
reproduced 41:11
request 29:11,20
30:8 98:5,8 112:9
requests 95:10,13,
15 98:1
requires 86:9
research 26:18
43:7,23
resume 94:23
resumed 94:6
retained 83:23
retainer 38:12,23,
25 47:18 61:10,13,
20,23,25 62:4
81:19,22,25 83:18,
19,22,25 84:10
85:7,12,14,20,21
86:2,3,5,6,10 87:5
105:23 115:4
returns 38:7,9,11
review 64:2,9
83:25 84:3,11,14,
16,19
reviewed 32:16
84:4,9 95:18 97:15
Ridge 27:14,20
28:14,16,17,22,24
29:6,11,20 30:9
31:20 32:12 46:20
51:5 52:17 53:14
59:15,16,19,23
60:2,3,5,9,14,15,
21,23 61:2,10,16
62:8 63:9,15,22
64:3,9,19,22,23
65:3,7,1166:25
67:1,6, 88:7 95:2,9
98:13 100:22
101:4,10,21,23
102:2 103:24
104:6,8,12 111:22
114:9
rights 93:15, 94:20
River 12:1
Road 4:14 74:5,6
Robert 4:2182:24,
25
rock 111:20
Roeder 5:130:4,7
32:3
room 14:18 70:5
71:16,17
roughly 81:8
S
savvy 101:25
school 50:24
scope 15:4 65:22
85:16
search 53:22
searched 44:11
season 56:20
secret 69:17,18
secretary 73:16,21
76:2
secretary/
receptionist 74:22
Sentinel 27:3,7
33:16,23 41:7,13,
17 43:6,23,24
separately 27:24
September 18:2
41:1,4 45:10,24
series 13:23
served 100:12,14
106:8
service 43:10
109:15
set 48:20
setbacks 111:18
settle 7:20 93:1
settled 6:24 8:22
11:16 98:23,24
settlement 46:18
47:2,17 64:18
66:1,3,7 68:19,21,
23 92:12,18,24
93:4,11,14,94:18
Seventh 7:13
share 27:17
Shelley 63:1084:5,
6 89:5
shocked 24:12
shop 74:11
show 25:838:10
57:1158:4 64:14
65:18 115:3
showed 39:11
56:13 66:6
showing 58:7
shown 38:5
shows 57:19
sign 61:9,13 62:4,
6,7,10, 83:12 84:22
105:23
signature 16:1
signed 16:11,19
19:12,17,19 20:4,7,
17 22:16 61:15,20,
24 66:3,7 83:19,22
84:11,12,17
significant 24:15,
M
single 7:19 78:12
sir 20:25
sit 16:2471:18
85:22
sitting 80:12,15
92:11
Sixty 13:12
small 91:19
someplace 105:10
south 51:774:5
Spanish 12:1
speak 6:9 14:19,21
54:12 67:17 71:5
106:11
speaking 37:15
113:21
special 88:9
specific 71:24
75:7,9,10 92:23
94:12 96:9
specifically 37:21
75:24 76:6 78:16
79:13 82:23 85:14,
21,23 92:10 94:8
speculate 14:2
speculating 71:9,
10 75:6
spend 48:2
spent 38:6 51:23
82:6 86:13
spoke 37:6,12
50:10 53:9,21
69:15 87:25
spoken 71:4
spots 14:23
Spring 56:21
staff 104:21
stand 24:2144:13
standing 74:23
76:3 92:13,21
Star 37:841:24
start 59:2
started 17:821:11
22:13,25
starting 94:1
state 4:5 5:8 8:19
12:6,7 106:23
108:11 109:20,21
110:5,9,13,23
111:3,25 113:4,5,
15,19 114:1,2
statement 21:14
statements 45:25
46:2
stick 94:16
stipulate 17:4
stop 15:19
stopped 94:4,22
storage 49:13
store 74:11
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: requests -swear
stories 75:4
Stream 4:1217:13
19:2,7 21:11,17
23:25 40:21
street 55:5 73:25
strike 17:1023:21
40:25 64:6,22
66:15 82:9 86:19
95:3 115:11
stubs 38:4,1339:2
style 7:198:25
99:2,3,7
subject 59:7 60:14
70:7 102:16
103:11
subpoenaed
105:20
sued 100:5
suggested 95:17,
19,2196:15
suing 53:13
suit 74:23 93:7,15,
20
Suite 4:14
summer 56:21
Sun 27:2,733:16,
23 41:7,13,17 43:6,
23,24
Sunshine 106:20,
21,24 108:18 109:8
111:10 112:15
supervision 97:16
supplied 28:20,21
suppose 22:24
61:1 112:15
supposed 81:25
surgically 39:25
surprise 24:20
25:13
surprised 24:14
25:15
swear 16:2417:3
34:6 42:20 45:3,23
61:14,18,19,20,22,
23,24 62:6 70:17,
18 75:25 76:18
77:7 80:25 81:3
83:19,2190:17
91:14 94:12
swearing 36:1,16
59:24
Sweetapple 4:19,
215:7 15:13,15
17:4,6 18:24 24:9
29:15,17 31:3,6,11,
14,18 35:3,24 36:5,
7,11,14 40:17 55:1
69:2,8,13,18,20
80:7 82:24,25
87:21 116:3
switch 14:23
swore 17:7 27:12
28:10 32:13,16,18
33:11,13 39:7,10,
17,22,23 40:9,14,
22,24 41:3 42:17,
2144:10,12,18
45:1,4,10,12,22
47:4
sworn 5:4 16:21
37:17 48:2171:25
T
taking 14:25 31:14
talk 28:7 37:13
51:8 71:3 78:1
talked 56:5 68:3
77:14 97:4
talking 46:19,21
82:12 84:10 96:9,
22 97:10 101:13
104:20 105:6
109:11
tangible 39:18
target 108:2,10
tax 38:7,9,11
team 9:17
technical 100:4
technically 100:6
telephone 91:6
telling 30:7 76:15
92:13,14,19 93:6,
12 97:3
ten 5:2441:17,19,
20 42:4 43:9
80:19,21
term 19:3 99:6
110:4
terminal 92:12
terms 26:9 45:4
101:14 115:21
testified 5:5 12:12,
18 13:2 44:23
96:19
testify 44:8 77:1
103:9
testifying 45:7
70:14 72:3 82:14
testimony 8:8
24:2132:22 44:13,
16 81:22 93:19
113:18 114:9
text 42:12
thing 23:18 65:4
69:19
things 23:17 31:16
39:7 69:1 92:16,23
93:24 106:12
thinking 5:21 8:2
21:12 22:14,25
Thirty 6:21
thought 23:23
24:12 44:25 82:4
101:14 102:25
thousand 115:18
threatened 93:15,
19
Tile 76:5
time 4:9,175:22
7:218:1 10:5
14:11,15:20 17:8
18:15 19:5 20:16
21:1122:5,13,25
23:5 25:16,18
39:16,2148:2
49:18 50:10 51:2,4
53:9,17,18,20
56:22,24 57:1,3,4
58:14 61:5 64:7
68:10 78:11,13,20,
23,25 79:10,13,16,
18,20 87:17 88:18
94:4,15 98:9,20
99:15 100:5
103:14 109:21
114:1,14,15,17,18,
19,21,23
times 5:14,16,19,
219:5,7,8 12:12
13:8 20:5,8,9 43:1
55:16,17,18,21
56:16 66:14,18
75:20,23 87:24
88:2,3 90:7
114:12,20
tinnitus 14:17
title 7:3 101:17
titled 101:9
today 13:2314:15,
25 16:24 18:21
96:1
token 14:4
told 21:23 22:15
35:5 44:10,18
77:5, 97:6
topic 92:23
topics 25:9
total 42:143:5
79:10
town 4:1217:13
18:17 192,6
21:10,16,19,22,25
22:9 23:25 27:13,
20 28:14,16,17,22,
23 29:6,11,19 30:9
31:20 32:12 40:4,
2152:17 53:3,4,8,
13,14,18 54:21
60:4,8 63:15 64:3,
8,19,22 66:2,25
67:1,6,8,23 68:7,
20, 72:24 77:3
88:6,7 90:6,8,23
91:21,23 94:21
95:2,17,22 96:16
97:10,12,15 98:2,
12 99:7 100:5,7,13,
21 102:14,17,25
103:12,14,16,18,
19,24 104:7,8,10,
12 107:8,10 109:7,
9, 111:12 113:2
town's 97:19
track 44:7
transmit 32:2
traveled 9:6
tree 111:20
trial 6:8,10 8:20
12:21
true 16:25 104:4
trust 81:23 82:1
115:8
Twenty- fourth
18:23
type 6:6 38:13
52:14 53:193:24
94:1 102:22 107:2
114:13
typed 94:19
typing 92:12,18
93:4,6,12,14,18,25
94:4,5,6,19,22,23
U
Uh -huh 47:949:20
unable 14:14
understand 7:2
13:22 14:2,4,6
21:23 84:24 85:1
86:4
understanding
82:17 86:12
understood 14:9
V
Varkas 4:22,24
18:23 87:2
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: swearing -week
Varkas' 86:25
verification 16:1
verified 15:1 16:3
36:1
versus 4:12 7:4,5
8:11 17:13
vicinity 75:18
video 4:8
violated 106:24
violation 10:9
53:15 59:7 60:15,
17 63:14,17,20,21
64:15 68:25 70:8,9
98:14 104:11
105:6 106:20,21
108:18 109:8
111:10 112:15
114:8
violations 69:22
70:1,6
Visa 43:1945:24
Volume 116:7
volunteer 97:6
volunteered 96:15
volunteering
95:19
V
Wachovia 58:14,
17 59:2
waiving 95:20,24
96:16 97:3,5
wall 74:23
wallpaper 76:20,
21
walls 76:4,19
wanted 15:24
111:21 114:12
115:1
wasting 8:1
wearing 72:7
week 18:926:5,12
90:19
weeks 17:15,17
18:5,7,9,10,19 19:3
22:23 23:1,2,5
24:19,22 26:11
30:14,16 40:5,6,14,
25
welcomed 76:3
Wells 59:3
west 74:2,8 91:19
when's 57:4
Whitaker 111:23
white 72:17,18,21
76:4,19
Whitmore 111:23
wide 111:18
wife 50:2459:10
60:19 62:10,12,14,
18,22,25 63:4,11,
22 64:15,2165:10
66:4,9 71:12 83:10
84:7,19,21,24 85:3,
5 89:6 100:25
101:22
wife's 46:6,8,12
52:3
wise 23:5 24:19
woman 50:17
woman's 50:21
word 17:1 76:16
words 54:6
works 53:10
write 34:24 35:5
92:14
writings 107:20
written 82:10,13,
15, 83:19 96:24
110:8 115:16
wrongful 112:9
wrote 115:6
17
year 5:23 7:20,22,
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years 5:24 6:17:24
8:15 9:12,13 10:6
11:13 12:16,24,25
13:9 45:8 80:19,21
104:3,16
younger 49:24,25
50:2,3,6,9
Z
zipped 71:8
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Index: weeks — zipped
In The Matter Of:
CHRISTOPHER F. O'HARE v.
TOWN OF GULF STREAM
Deposition of CHRISTOPHER O'HARE
October 24, 2014
Vol II
n ORONO
A 1
A S S O C I A T E S
Regivered Pro /e.ssionat Reporters
P.O. Box 2288
West Palm Beach, Florida 33402
561- 313 -8000
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.502013CA017717XXXXMB
CHRISTOPHER F. O'HARE,
Plaintiff,
-vs- VOLUME II
TOWN OF GULF STREAM,
Defendant.
CONTINUED VIDEOTAPED DEPOSITION OF CHRISTOPHER F. O'HARE
TAKEN AT THE INSTANCE OF THE DEFENDANT
Friday, October 24, 2014
10:25 a.m. - 3:13 p.m.
5550 Glades Road
Suite 500
Boca Raton, Florida 33431
Reported By:
Debra Duran - Bornstein, RPR
Notary Public, State of Florida
Debra Duran & Associates
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APPEARANCES:
On behalf of the Plaintiff:
MARK J. HANNA, ESQUIRE
GMMM /MADISON P.A.
401 South County Road
Suite 3272
Palm Beach, Florida 33480
LOUIS L. ROEDER, III,, ESQUIRE
7414 Sparkling Lake Road
Orlando, Florida 32819
On behalf of the Defendant:
ROBERT A. SWEETAPPLE, ESQUIRE
ALEX VARKAS, ESQUIRE
SWEETAPPLE, BROEKER & VARKAS
199 East Boca Raton Road
Boca Raton, Florida 33432
JOANNE O'CONNOR, ESQUIRE
JONES, FOSTER, JOHNSTON & STUBBS
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
ALSO PRESENT:
JASON PETERSON, LEGAL GRAPHICWORKS
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WITNESS:
BY MR. SWEETAPPLE
BY MR. HANNA:
I N D E X
cont DIRECT
125
203
CROSS REDIRECT
E X H I B I T S
NUMBER DESCRIPTION PAGE
DEFENDANT'S
EX.
2
STIPULATION AND ORDER
162
DEFENDANT'S
EX.
3
LETTER DATED APRIL 7, 1998
167
TO MR. NICOLETTI
DEFENDANT'S
EX.
4
APRIL 7, 1998 LETTER FROM
167
PAUL NICOLETTI
DEFENDANT'S
EX.
5
APRIL 10, 1998 MEMORANDUM
174
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Page 125
CONTINUED PROCEEDINGS
THE VIDEOGRAPHER: The time is 1:23 p.m.
We're back on the record.
BY MR. SWEETAPPLE:
Q. All right. Mr. O'Hare, we're back on the
record, and I want to see if I can wrap this up in an
hour or so hopefully.
Have we now discussed the terms of when and
where, as best you can recall, all of the conversations
or meetings that we had back in the 190s?
A. I'm sorry. What was your question?
Q. On the record today, have we discussed all of
the conversations and meetings that you and I, you say,
have had during the 1990s?
A. No.
Q. Okay. Are there others? Not the content, but
others that occurred that you haven't testified to?
A. I think I testified that we had phone
conversations. We haven't discussed the content, the
time, whatever; but, yeah, we have discussed there were
other phone conversations.
Q. But all the meetings we've discussed that you
allege occurred?
A. Yeah, I believe so.
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Q.
What phone conversations do you specifically
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recall?
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A.
I remember --
4
Q.
Not content, but when.
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A.
When? I would have to answer that in a time
6
zone of
the last quarter of 197 through the duration of
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this activity
in 198.
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Q.
And how many phone conversations?
9
A.
Maybe eight. Or approximately eight.
10
Q.
Okay. And without telling me the contents of
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any conversation
we had, can you tell me what pending
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matters
you contacted me regarding?
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A.
Pending matters.
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Q.
As you recall, specifically recall.
15
A.
Yeah. There was an inspection by the police
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of the
improvements at 21 Tropical Drive, the apartment
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building we earlier discussed. There was how much
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money --
I'm sorry. The settlement agreement with
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Emmett
Pace.
20
Q.
There was an actual settlement agreement?
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A.
With Emmett Pace, yes.
22
Q.
A written settlement agreement?
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A.
I'm sorry?
24
Q.
A written settlement agreement?
25
A.
I believe, yeah. I think it was written down.
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Page 127
I recollected there was an agreement. I don't know if
it was written down. I suppose it was.
Q. Did you ever see it in the Emmett Pace
litigation?
A. I'm conscious of the details, but I didn't
read the whole agreement.
Q. Did you ever provide a copy of that to me?
A. No. I don't think so.
Q. So did you consult me with regard to the
Emmett Pace litigation, you believe?
A. Yes.
Q. And that was -- that was zoning; that was a
code violation matter?
A. No. That was prior to that.
Q. What was the Emmett Pace litigation?
A. That was when Emmett Pace sued the town for
issuing me a permit for improving 21 Tropical Drive.
Q. So you believe you contacted me by phone about
that?
A. Yes.
Q. What else do you believe you contacted me
about by phone? How many conversations do you believe
you had with me concerning the Emmett Pace litigation?
A. I don't recall.
Q. And what other phone -- what other topics do
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you think
you discussed with me by phone?
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A.
The investigation by the state attorney
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regarding
the Sunshine violation.
4
Q.
And how many conversations do you believe you
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had with
me regarding that?
6
A.
I can't recall.
7
Q.
When were these calls regarding Emmett Pace?
8
A.
I'm sorry. Say that again.
9
Q.
When were the calls regarding Emmett Pace?
10
A.
They would have been in the last quarter of
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197 and the
first quarter of 198.
12
Q.
Was it after the case settled, the Emmett Pace
13
case settled,
or while it was ongoing?
14
A.
No. No. The subject was before the case
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settled.
16
Q.
But you weren't a party to that case?
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A.
Well, I was a commissioner. I don't know if I
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was a named party in it, but it affected me pretty
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badly.
20
Q.
And what about the state attorney's -- do you
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remember
the date of any conversations regarding the
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state attorney?
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A.
No. It was during the investigation, so
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sometime
between when the charges were made and when I
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was exonerated.
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Page 129
Q. Okay.
A. There are others.
Q. So your testimony is I gave you advice
regarding a code violation in Ocean Ridge, a lawsuit
that Emmett Pace had against the town and maybe you.
A. Yes.
Q. And a state attorney's investigation.
A. Yes.
Q. Correct?
A. Yes.
Q. All these occurred in 1997 to 1998?
A. Yes.
Q. Is there any other matter that you say I have
given you legal advice on?
A. I can't recall anything else.
Q. And none of -- if I could hand you a copy of
Exhibit 1.
A. Thank you.
Q. You say -- let me ask you this: Since 1998,
have you seen or talked to me anywhere?
A. I talked to you months later. I don't know if
it went into 199 or not.
Q. What was that about?
A. It was about my therapy with Dr. Heath King.
Q. Okay. So in 1998 you called me?
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Page 130
A. No. We happened to -- I think we --
Q. I don't want to go into the content of the
conversation. I want to know when I spoke to you.
A. I didn't call you.
Q. Did we have any conversations in 1999 after
the code violation at issue?
A. Yes.
Q. Was that in the scope of me providing any
legal service to you?
A. Legal service?
Q. Did I give you any legal advice?
A. No. It was about therapy.
Q. Okay. Are you volunteering to talk about
that? I'm not asking you about that.
A. There are parts of this I don't mind talking
about.
Q. Okay. So you had a conversation with me
regarding a therapist.
A. Yes.
Q. That had nothing to do with my giving legal
advice.
A. I guess it was healthcare advice.
Q. What -- after that conversation, any other --
A. Not that I can recall.
Q. -- conversations we've had?
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Page 131
A. I can't recall anything else.
Q. The next time we saw each other was at
Mr. Morgan's deposition, right, at town hall?
A. Yes. That's right.
Q. And so that would be like March or April 2014,
right?
A. Yes.
Q. So I haven't talked to you, based on your
testimony, for over 16 years?
A. Yes.
Q. And we exchanged pleasantries at the
deposition, right?
A. Yeah. I was surprised you still recognized
me. Yes. Yes.
Q. You came up to me and said something.
A. Right.
Q. And said you had a pleasant memory of me or
something.
A. I recall the pleasantries. I know we spoke
and shook hands.
Q. Do you recall what you said?
A. I'm sorry?
Q. Do you recall what you said to me?
MR. VARKAS: You're under oath now.
That's supposed to be a joke.
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Page 132
THE WITNESS: Okay. We're joking here now.
MR. HANNA: We do every once in a while.
MR. VARKAS: About the pleasantries.
THE WITNESS: I would like to make that clear.
I respect Mr. Sweetapple and I still do. I have no
animus here.
BY MR. SWEETAPPLE:
Q. So what did you say to me at that --
A. I recall that I said, It's good to see you
again. I'm glad the town is in such good hands. You're
looking good, and things to that effect.
Q. Okay. What did I say?
A. I think it was just the social repertoire. I
can't recall exactly what you said.
Q. Okay.
A. But I thought there was a recognition there
that, good to see you again, that kind of thing.
Q. Okay. Anything else that was discussed
about -- there was no discussion of any merits of any
cases or any legal advice, right?
A. No. No.
Q. Okay. And the very next time that I saw you
was at a settlement conference /mediation in my office,
right?
A. Yes.
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Page 133
Q. So I've had no communications with you since
1998 on the subject matter of any legal matters other
than in my office, right?
A. There were no communications after 1998 or
5 1 199, no.
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Q. Except the one in my office recently, which
was a settlement conference that we characterized --
A. I'm sorry. That one, yes.
Q. -- at the mediation.
Other than that, you and I have not talked
personally at all, right?
A. No. Have not.
Q. And you understood that the meeting in my
office was for the purpose of attempting to settle some
outstanding cases, right? Without talking about what
was said, was that your understanding of why we were
meeting?
A. My understanding was that we were meeting with
you as go- between regarding public record cases.
Q. And did you have a -- was there an agreement
signed at the conference that this would be treated as a
confidential settlement meeting in the scope of
mediation?
A.
Yes.
Q.
After
that meeting,
did you divulge to anyone
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Page 134
the contents of that meeting, other than --
A. By divulging, you mean people that weren't
there.
Q. People that weren't there. That were not
parties to that.
MR. HANNA: Not including your attorneys.
MR. SWEETAPPLE: Your attorneys were there.
Mr. Roeder and Mr. Hanna were there.
THE WITNESS: All my attorneys, yes. So, no,
I did not divulge to any third party.
BY MR. SWEETAPPLE:
Q. You didn't discuss it with Mr. O'Boyle?
A. He is my attorney.
Q. Who is your attorney?
A. The O'Boyle Law Firm represents me. I have a
number of attorneys there.
Q. When I said "your attorneys," Mr. O'Boyle, I
was referring to Martin O'Boyle. Were you referring to
Jonathan O'Boyle?
A. Martin O'Boyle, no.
Q. You didn't disclose it to Martin O'Boyle?
A. Absolutely not.
Q. Did you disclose it to Jonathan O'Boyle, any
of the contents of that meeting?
A. I'm having problems remembering that, because
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Page 135
we discussed other things that were included in that
meeting that had been previously discussed elsewhere.
And to define which ones were exclusive to the meeting,
I can't recall.
Q. So you are represented by Jonathan O'Boyle?
A. His firm. And I believe he is pro se on a few
of my complaints. Whatever that means.
MR. RAEDER: Pro hac.
BY MR. SWEETAPPLE:
Q. How many cases is he appearing pro hac for
you?
A.
I don't recall.
I'm
sorry. There's so many.
Q.
So you meet with
him
to get legal advice as an
out -of -state
attorney?
A.
I'm sorry. I didn't
hear that.
Q.
You get legal advice
from him, but he's
serving
as an out of state
attorney. Is Mister --
A.
That's two parts.
I
believe he is an
out -of -state
attorney, and
I have gotten advice from
him.
Q. And you do meet with him in Florida?
A. I've seen him, yes. I have met with him in
Florida.
Q. Have you ever met with him outside of Florida
for legal advice?
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Page 136
A. No. Oh, I'm sorry. I have to parse that. I
have spoken to him on the phone when he's outside of
Florida.
Q. Where is his office outside of Florida?
A. I believe he has got an office in
Philadelphia, and I think he's in New Jersey, too. I'm
not sure if that's an office.
Q. He has an office --
A. I should say Pennsylvania in general.
Q. You don't know where it is in Pennsylvania?
A. No.
Q. And so how many times have you met with
Jonathan O'Boyle in Florida to get legal advice?
A. I couldn't say.
Q. And are you aware that Jonathan O'Boyle also
represents his father?
A. I'm sorry. Are we still on the subject of
this deposition?
Q. Yes. I'm going to get into your --
A. I don't know whether he represents his father
or not.
Q. Okay. So as far as anything that you've been
advised -- because there are certain statements. I'm
not going to get to your verified motion, but there are
certain statements that are in here.
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Page 137
Without giving me the content of the advice,
on what matters has Jonathan O'Boyle provided legal
advice? What types of matters or cases?
A. I'm trying to answer your question without
getting into legal matters. What advice has he given
me?
Q. What matters? What type of --
MR. VARKAS: Subject matters.
MR. SWEETAPPLE: Subject matters. Public
records requests.
MR. HANNA: I'm going to object and assert
attorney - client privilege and instruct the witness
not to answer.
BY MR. SWEETAPPLE:
Q. Let's go through here, Paragraph 1 of your
verified motion. You say in the second paragraph, "The
plaintiff has been advised that Robert A. Sweetapple
has, or will be entering, an appearance to represent
Gulf Stream in some or all of these cases including the
above - captioned case." Who told you that?
A. That was my own experience.
Q. So what is contained in Paragraph 1 here is
based on your own experience?
A. Well, without divulging contents of our
confidentiality meeting, I had experience that you are
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Page 138
going to be representing the town on a number of things.
Q. So you put what is in this motion, you wrote
here, is what you learned at the mediation conference?
A. I'm sorry?
Q. This statement, "The plaintiff has been
advised," you're referring to what I said at the
mediation conference?
A. If you're asking me to comment on that, I
would like to read it first.
Q. You have it right in front of you. I asked
you to look at the second sentence in Paragraph 1: "The
plaintiff has been advised Robert A. Sweetapple has, or
will be entering, an appearance to represent Gulf Stream
in some or all of these cases, including the
above - captioned case." Where did you get that
information?
A. Yeah. That probably came from my own
experience, plus the advice of counsel.
Q. This is something you heard at mediation?
A. I'm sorry?
Q. This is something you learned at the
mediation?
A. What mediation?
Q. The settlement conference that we termed would
be covered by the mediation privilege.
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A. I didn't realize we were calling that
mediation. I'm sorry.
Q. Did you read the document that you signed?
A. Yes.
Q. And did you hear -- did you see the discussion
that it would be continued to be privileged and treated
as a mediation?
A. I understand that. But I understood it to
mean it was underneath mediation procedure or style, not
that we were in a mediation conference.
Q. You understood everything that was discussed
there was to remain confidential, right?
A. I'm sorry. You're asking me --
Q. Everything that was discussed in that meeting
was to remain confidential, correct?
A. Right.
Q. You're saying you learned at that meeting that
I was going to be entering an appearance to represent
Gulf Stream, correct?
A. I don't know how to answer that without
talking about the confidential meeting.
Q. Well, you put this -- did you get this
information from that meeting? Is that where you got
the information to put in this motion?
A. No. I said from my personal experience.
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Q. What personal experience was that?
A. Attending the meeting.
Q. Okay. Any other way that you got that
information?
A. Advice of counsel.
Q. Okay. Now -- and you say will -- "has, or
will be entering, an appearance." Weren't you aware
when you filed this verified motion that I was already
counsel of record in this case?
A. I have to apologize for that, because I've
since learned that that was made in April, I think. But
I didn't learn about it until much later. I don't open
all my e -mails that are copied to me from my attorney.
I just assume my attorneys open them.
Q. Okay. And then it says, "In addition,
Attorney Sweetapple is preparing to represent the
defendant in a forthcoming action to be filed against
the Plaintiff by Gulf Stream."
Is that based on anything other than something
you heard at the settlement conference?
A. You're talking about the last sentence in
Paragraph 1?
Q. Yes, sir.
A. That's personal experience.
Q. From me talking to you?
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A. No. I knew that you were preparing -- again,
I'm not sure where this has anything to do with the
confidential meeting, but I knew that you were preparing
to defend, or rather to advocate for the town against me
on other issues. That was my belief.
Q. Where did you get that belief?
A. Personal experience.
MR. HANNA: I'm going to object to anything
that refers to -- that involves my discussions with
you.
BY MR. SWEETAPPLE:
Q. Other than anything from your attorney, did
you get this information anywhere else?
A. Town council meetings.
Q. Well, at a town council meeting, there was a
discussion that I was going to be hired to bring an
action against you prior to the time you filed this --
you signed this verified motion?
A. You're talking about prior to signing this.
I'm sorry.
Q. Yes. I'm talking about where you can make
this statement that's in this document, where you got
this information.
A. Personal experience.
Q. Conversation with me?
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Page 142
A. No.
Q. Anything other than -- anything other than the
settlement conference?
MR. HANNA: Other than anything I've discussed
with you.
THE WITNESS: I'm sorry. I'm trying to
recall. I can't recall right now.
BY MR. SWEETAPPLE:
Q. Did you write these words, or did your lawyer
write the words in Exhibit 1?
A. This is the lawyer's words from our
conversations.
Q. And you realize this is not supposed to be
based on hearsay. It is supposed to be your personal
knowledge; right?
A. Yes. Exactly.
Q. What personal knowledge did you have that I
was preparing to represent the defendant in a
forthcoming action to be filed against the plaintiff by
Gulf Stream? What personal knowledge did you have of
that?
A. That would be part of our confidential
agreement.
Q. So other than in our confidential meeting, do
you have any personal knowledge that I am preparing to
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represent Gulf Stream in an action against you?
MR. HANNA: I'm going to instruct you not to
answer from anything I may have told you.
BY MR. SWEETAPPLE:
Q. I don't care about any of your hearsay from
your attorney. This is an affidavit that you've sworn
to, sir. And I want to know if your sworn statement,
which cannot be based on hearsay, is based on any
personal knowledge other than something that you heard
in a confidential settlement meeting, or from your
attorney?
A. Well, to expand the scope of my experience,
Coastal Star article, perhaps, I believe, mentioned you
represented the town on things, but I can't be sure
enough to swear to that, so I apologize. That's my
recollection.
Q. You have said here -- you're swearing that I
am preparing to represent the defendant in a forthcoming
action to be filed against the plaintiff by Gulf Stream.
Tell me, other than the settlement meeting or a
statement from your attorney, what that sworn statement
is based on.
A. Yeah. I can't recall any more than I've told
you.
Q. Then you say in No. 2, The prior matters,
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which you reference in Paragraph 1 -- the prior matters
where Attorney Robert A. Sweetapple represented the
plaintiff have similar underpinnings to the current
litigation with Gulf Stream.
What current litigation are you referring to
with Gulf Stream?
A. Well, I have record suits against the Town of
Gulf Stream.
Q. How many?
A. I can't give you an exact number.
Q. You don't know how many?
A. I can't give you an exact number.
Q. More than 20?
A. I'm sorry?
Q. More than 20?
A. If you're trying to bracket me, I would say
it's between 20 and 30.
Q. And how many public records requests have you
made to the Town of Gulf Stream?
A. I can't give you an exact number.
Q. Over 400?
A. Yes.
Q. Why have you made so many public records
requests?
A. Because I want to know.
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Q. In fact, on this case that I've appeared in
here, 17717, what public records were you asking for in
that case?
A. I believe that was for boundary surveys.
Q. You wanted GPS surveys, right, of the town?
A. GPS.
Q. You wanted GPS, you wanted aerial surveys?
A. I wanted the electronic file of the survey of
the town.
Q. Why did you want that?
A. I'm sorry. I said survey. I think it was an
aerial.
Q. Why did you want that?
A. I have a website that I'm trying to get
information from my website, with regards -- regarding
to town business.
Q. So you wanted to -- you wanted to put that on
your website?
A. Yes.
Q. And on the day that you made that public
records request between 10:21 a.m. and 2:23 p.m. Sunday,
September 29, 2013, you made approximately 40 public
records requests; are you aware of that?
A. That's when I sent them, yes.
Q. Why did you send 40 record requests between
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10:21 a.m. and 2:23 p.m. on Sunday, September 29, 2013?
A. That was the opportunity I had to sit at my
computer and send all the requests I've been putting
together over the previous week or so.
Q. And why would you have a need for 40 public
records requests?
A. Well, when I asked the town a question, I have
not been getting answers. The only way to get answers
of the town has been to asking formally through public
records request.
Q. Other than these 20 to 30 lawsuits with the
town, what other litigation do you have with the town
that you say has a similar underpinning to the matters
you say I represented you on?
A. Well, I can tell you the other actions. The
town is suing me for trespass for having a boat in a
cove that is within the town's boundary.
Q. Trespass for a boat. Okay. What else?
A. I'm the defendant in that one. The town
denied me the right to put a solar system on my roof.
Q. You're suing over that?
A. I'm sorry?
Q. You're suing over that?
A. Yes. I'm entitled to that by state statute,
and they're denying me that right.
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Q. Where are you suing? Is that state court or
federal court?
A. State court.
Q. What else? What other litigation do you say
has similar underpinnings?
A. The town manager has denied me the right to
use firearms, as guaranteed by the state statute as
well.
Q. You want to open a fire -- a shooting range at
your house?
A. Absolutely not.
Q. What is it you want to do with the firearms?
A. I want to be able to clear my gun, test my
gun, discharge it, all within the safety parameters that
the state dictates for responsible gun ownership.
Q. In the back of your house?
A. It's in my property.
Q. And you're litigating over that?
A. Yes. They have no right to do that.
Q. Is that a federal case or a state case?
A. It's a state case.
Q. What else are you litigating with the Town of
Gulf Stream over?
A. The town police officer trespassed inside my
house without permission. The town had a systematic --
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Q. The police trespass. Is that a lawsuit?
A. That's a lawsuit, yes.
Q. Federal or state?
A. That one is federal.
Q. Okay.
A. That had to do with my civil rights.
Q. So I'm on -- that's lawsuit four, I think,
we're on, other than the 20 to 30 public records
lawsuits. What's the next lawsuit?
A. I have what is called an anti - shushing
lawsuit, because the town refused to let me speak to an
issue that was voted on by the town, which is my right
by state statute.
Q. When did you bring that lawsuit?
A. I'm sorry?
Q. When did you bring that lawsuit?
A. I couldn't tell you an exact date.
Q. Is that in state court?
A. I believe that is in state court.
Q. Who is your lawyer in the trespass on the
boat?
A. I apologize. I have to refer to my records.
I can't keep them separate in my head.
Q. Who have you met with regarding that case?
Which lawyers have you met with?
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A. Regarding the boat?
Q. Yes.
A. Yes. Mark Hanna. Albert -- I'm sorry.
Giovani Mesa, Lou Roeder. But, again, with all the
meetings, I couldn't distinguish who was specific to
that particular action.
Q. What about the solar roof case, who is
handling that case for you?
A. Same answer.
Q. Who?
A. Those lawyers, and I can't tell you
specifically if any others have been consulted as well.
Q. So the O'Boyle Law Firm is involved in
representing you on that?
A. Whether they're signed on it or just consulted
with them, I'm sure I discussed it with them.
Q. What about the -- there was one you brought in
the state regarding -- was it a fire --
MR. HANNA: Firearms.
MR. VARKAS: That one has been covered.
BY MR. SWEETAPPLE:
Q. You mentioned that. Who represented you on
that case?
A. I believe Jonathan O'Boyle is pro se on that.
Q. What about the trespass lawsuit?
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Page 150
1 A. I'm sorry. I didn't hear you.
2 Q. The trespass.
3 A. Oh, the trespass. I think Mark is.
4 Q. Mr. Hanna, what about the anti - shushing case;
5 who is handling that for you?
6 A. I think the O'Boyle Law Firm.
7 Q. What other cases do you have pending with the
8 Town of Gulf Stream?
9 A. I hope I cited them all. I might have
10 forgotten one or two.
11 Q. You've sworn that all these cases, the public
12 records request cases and these five cases you've just
13 described have similar underpinnings to the current
14 litigation.
15 What are the similar underpinnings? Tell me
16 specifically what those underpinnings are.
17 A. In my mind is the abuse of elected officials
18 who go beyond the scope of their authority and basically
19 violate state statute by their actions.
20 Q. Well, the abuse of elected officials that you
21 say I represented you on, it's not the same elected
22 officials as in these cases, is it?
23 A. Different town.
24 Q. Okay. And it's not the same alleged abuses,
25 is it?
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A. Well, we haven't even started our discovery,
so I can't answer that.
Q. Well, the cases that you have brought don't
deal with the same underpinnings in terms of what the
abuses were, as you have described in my cases. You say
in my cases it was a code violation, a state attorney's
investigation; and you said a lawsuit involving Mr. Pace
involving Sunshine violations where you met with a
commissioner.
Your cases that you've just described to me --
let's put it this way. Were there any public records
request litigation matters that you sought my counsel on
in the 190s?
A. Public records litigation? No.
Q. Were there any trespass matters that you
sought my advice on?
A. No.
Q. Were there any matters where you had been
denied a building permit?
A. I'd have to say yes on that.
Q. You had been given a permit, you maintain,
with regard to this apartment; and the city was
violating you for it, right?
A. I was threatened with revocation of that
permit.
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Page 152
Q. But you -- it wasn't based on a refusal to
give a permit; the code violation you thought was a
revocation of a permit, right? That's what the
apartment house in Ocean Ridge was about.
A. What I recall is that the town was going to
revoke the permit and make me remove the improvements.
Q. You're not saying that I ever represented you
with regard to any litigation where you were denied a
permit?
A. Denied a
correct.
Q. And then
regard to whether
shoot your guns in
A. No.
permit? I guess ttie answer woula ne
I've never given you any advice with
Jr not Florida law allows you to go
your backyard or not?
Q. We've never had any discussions about that
topic, right?
A. No.
Q. And then the trespass with the police force,
nothing that I ever advised you about concerned any
trespasses by the police force or anybody else, right?
A. Well, that one -- there was the incident of
the police setting up surveillance of the building, and
actually going inside and taking pictures that you had
told me I should not have allowed. But I can't remember
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Page 153
the exact details of the conversation.
Q. Okay. So I never advised you with regard to
this lawsuit you have with regard to trespass; that has
to do with your house, right?
A. It is my personal residence, yes.
Q. That has nothing to do with this apartment
building, right?
A. Oh, no.
Q. Has anybody ever told you that I'm appearing
in this trespass case? Do you believe -- did you file a
motion to disqualify me in this trespass case?
A. I don't recall.
Q. And did you file a motion to disqualify me in
the boat case?
A. I believe this is the first case that you've
made a notice of appearance. This is our first notice
of disqualification.
Q. You haven't filed motions to disqualify me in
cases where I haven't even appeared?
A. I think would be premature. We might have.
I'm not sure.
Q. You think they would be premature. You might
have. You're not sure. This is like the SAT. Can you
give me A, B or C?
A. I'm sorry you don't like my answers, sir.
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Q. Are you aware whether or not your attorney has
filed multiple motions to disqualify my firm in other
cases where I'm not even counsel of record?
A. I don't know.
Q. Okay. Did you authorize that?
A. Authorize something I don't know?
Q. Yes. Obviously you didn't, right?
A. I can't recall.
Q. Okay. If you don't know whether that
occurred, you couldn't have authorized it, right?
A. I don't remember.
Q. When you filed this affidavit, did you file
this affidavit -- where you refer to similar
underpinnings -- were you referring to -- were you
seeking to allege that I shouldn't be counsel in just
this case, 17717, or I shouldn't be counsel in any case?
A. I don't want to speak out of turn. I have to
read this more closely to remember what it was that I
filed.
Q. We'll have to go through that then. Why don't
we take a restroom break. You take time and look at
that and we'll go through it very thoroughly.
A. Fine.
THE VIDEOGRAPHER: The time is 1:56 p.m.
We're going off the record.
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Page 155
(At 1:56 p.m. a recess was taken.)
THE VIDEOGRAPHER: The time is 2:01 p.m.
We're back on the record.
BY MR. SWEETAPPLE:
Q. The phrase, The prior matters have similar
underpinnings. Was that your phrase, or is that a
phrase your attorney used?
A. I'm sorry. I'm still reading this.
Q. Paragraph 2. The first sentence: "The prior
matters where attorney Robert Sweetapple represented the
plaintiff have similar underpinnings."
Was the word "underpinnings" your word or your
lawyer's word?
A. He used the word in the past. I might have
used it in our conversation.
Q. So you did intend to swear to the fact there
were similar underpinnings, right?
A. I believe it is. I mean, I believe it is
underpinning.
Q. What is the similar underpinning with your 20
to 30 public records request cases and the prior
representation you say that I engaged in?
A. Well, it's me versus a government entity, like
it was before. It is the government not doing what
they're supposed to do, like it was before. And I felt
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Page 156
that there's enough underpinnings, if you will, that
were similar to have put this in here and sworn to it.
Q. So basically it's you versus the government,
and -- I'm sorry, what was the other thing you said?
You versus the government, and what else?
A. Me versus the Town of Ocean Ridge.
Q. That's an underpinning you think?
A. And versus Gulf Stream. And them violating
state statute, or maybe federal statute, and not doing
what they're supposed to do.
Q. So you think that is the underpinning?
A. Yeah.
Q. Okay. So you believe that because -- you
believe that -- strike that.
Is there anything else that you consider an
underpinning with regard to the pending 20 to 30 public
records requests you filed against Gulf Stream that
would require my disqualification other than the fact
that you say my prior representation involved a
government entity and violations of law?
A. That sums it up.
Q. Okay. Then you say the Town of Ocean Ridge is
very similar to the Town of Gulf Stream. Why is that
significant?
A. Well, I think it's significant.
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Page 157
Q. Okay. And both towns are almost identical in
size, population and political bureaucratic structure.
Why is that important?
A. There is a style to a small town versus a
large town. The size of the government's budget, the
number of employees seems to have an effect on people's
behavior. There are things I would not expect --
MR. VARKAS: This is falling down, the
backdrop. You want to go off the record for a
second and fix the backdrop?
MR. SWEETAPPLE: Okay. Let's take a break
while he fixes your backdrop.
THE VIDEOGRAPHER: The time is 2:04 p.m.
We're going off the record.
(At 2:04 p.m. a brief recess was taken.)
THE VIDEOGRAPHER: The time is 2:06 p.m.
We're back on the record.
BY MR. SWEETAPPLE:
Q. Thank you. Mr. O'Hare, we've adjusted your
backdrop. We're back on the record.
And in Paragraph 3 you refer to 1997, late
1997. Then you say, Attorney Robert Sweetapple was
recommended to the plaintiff by a mutual friend to help
plaintiff with several matters surrounding an apartment
building that he had renovated in Ocean Ridge.
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Page 158
So did all the matters concern an apartment
building in Ocean Ridge?
A. No.
Q. It says the various matters included a lawsuit
by a neighboring property owner against Ocean Ridge, so
that was -- that's the case that you talked about as
being the Emmett Pace case, right?
A. That's one of them.
Q. And you say it was a neighboring property
owned or Ocean Ridge.
A. Yes.
Q. You don't mention that you were a party in
that lawsuit.
A. Again, I don't know if I can make that
distinction.
Q. Okay. It says, "A neighboring party owner
against Ocean Ridge and plaintiff." See that next
sentence? "And plaintiff." So you swear that the
lawsuit was a lawsuit by a neighboring property owner
against Ocean Ridge and plaintiff, but you say you can't
remember if that's the case but you've sworn to it.
A. I'm trying to answer your question.
Q. Truthfully?
A. I'm sorry?
MR. HANNA: Objection.
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Page 159
BY MR. SWEETAPPLE:
Q. Are you trying to answer my question
truthfully?
A. Accurately.
Q. Accurately. Same thing.
A. It's not the same thing.
Q. Well, truthfully and accurately, either one.
How can you swear on September 11th that there was a
lawsuit that I was -- was one of the matters that I gave
you advice on that was by a neighboring property
against -- a property owner against Ocean Ridge and
plaintiff, when you've repeatedly said on the record
here that you haven't reviewed any documents concerning
that lawsuit and you don't know if you were a defendant
or not?
A. Well, to be accurate, I ended up paying
$10,000. As far as I'm concerned it was against me.
Whether I was named or not, I can't tell you. But I
felt that that suit was against me and my interests.
Q. So you knowingly -- you read this sentence
when you signed this affidavit, right?
A. I'm sorry?
Q. You read this entire affidavit before you
signed it, right?
A. Yes.
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Page 160
Q. You told your attorney that he could put in
this affidavit that the various matters included a
lawsuit by a neighboring property owner against Ocean
Ridge and plaintiff.
A. That's how I understand it.
Q. Okay. And you haven't looked at a pleading in
that case for how many years?
A. I don't know that I ever looked at a pleading
in that case.
Q. And you have no idea if you were a party to
that lawsuit, right?
A. I can't recall if I was named in that lawsuit.
Q. But you didn't hesitate to say that you, the
plaintiff in this case, was a party in the lawsuit
brought by your neighbor, right?
A. I'm confused by your question.
Q. Won't you admit it is misleading for you to
say that the various matters included a lawsuit by a
neighboring party owner against Ocean Ridge and
plaintiff if you weren't a party to that lawsuit?
A. I think this is very clear and accurate.
Q. So you believe you were a named party to that
lawsuit?
A.
Again, that
contradicts my previous
testimony.
Q.
And then you
say, "an alleged town
code
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Page 161
violation and a hearing before a special magistrate."
Where was there a hearing before a special
magistrate?
A. I would be referring to the same one that you
referred to earlier.
Q. Are you talking about the time you and your
wife went on April 14th to the Town of Ocean Ridge
without a lawyer and your hearing was canceled?
A. My lawyer was not physically there.
Q. Well, you say that there was --
A. I had a lawyer, sir.
Q. You say the matters that -- you say, Attorney
Robert Sweetapple, to help plaintiff with several
matters surrounding the apartment building, the various
matters included a lawsuit. And then it says, "a
hearing before a special magistrate."
Are you saying that I represented you at a
hearing before a special magistrate?
A. You were my attorney so, yes.
Q. Was there a hearing before a special
magistrate that was conducted?
A. Yes.
Q. An actual hearing was conducted?
A. Yes. I remember a hearing being conducted.
Q. Okay. Let me show you this stipulation and
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order, which I'm going to mark as Exhibit 2.
(Defendant's Exhibit No. 2 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. You see where it says "stipulation and order"
dated April 14?
A. Yes, sir.
Q. And it says "Respondent Christopher and
Shelley O'Hare were present at hearing on behalf of
themselves." You see that?
A. Yes.
Q. And at the hearing it says, "The parties
presented an executed stipulation." Okay. And it was
ratified and incorporated by reference, right?
A. Yes.
Q. And does this refresh your recollection that
no hearing took place?
A. I didn't say no hearing took place.
Q. Did a hearing take place?
A. Yes. I said that.
Q. Does this change your testimony at all that
there was no hearing that took place?
A. There was a hearing that took place.
Q. Okay.
MR. VARKAS: I'm having a hard time following
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what you're saying.
. SWEETAPPLE:
Page 163
Q. So you showed up -- you showed up for a
noticed hearing, but there was not any evidence put on,
instead a stipulation was adopted, right?
A. The magistrate called the hearing to order.
This was entered into the record. The hearing took
place. I'm confused by your question, sir.
Q. What you do consider a hearing?
A. There's a magistrate, there's an audience.
There's a subject to the hearing. It was a hearing.
Q. Was there any testimony?
A. You mean regarding my case at the hearing?
Q. Yes.
A. I don't recall any testimony. Wait. Sorry.
I take that back. There was testimony.
Q. From you?
A. Yes.
Q. You did not have an attorney present with you
at that hearing, did you?
A. No.
Q. And I never appeared at any hearing for you
with regard to this code violation, did I?
A. I'm confused by the term "appear."
Q. Was there ever any notice of hearing between
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the town council, between the town council or anybody
where I appeared?
A. That you were physically at the meeting?
Q. Yes.
A. No. I don't think so.
Q. Now, in this stipulation and order, there is a
stipulation that's attached, right?
A. Okay. Yes, sir.
Q. And that stipulation is dated the day before,
and it's dated April 13, 1998; right?
A. I'm sorry. I don't see the date you're
referring to.
Q. The last page.
A. April 13. Yes.
Q. Do you recall you were at town hall on
April 13th with the town manager and Mr. Jonas, and
Mr. Nicoletti, and that on April 13th, this stipulation
was prepared at Mr. Nicoletti's office, and you and your
wife signed this, as did Mr. Jonas, Mr. Nicoletti and
the town manager all at the same time on April 13, 1998.
A. Yes. I see this.
Q. You're aware of that, right? Does that
refresh your recollection that this --
A. This is what it says, yes.
Q. Are you aware that I was not present on
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April 13 when this document was prepared? Mr. Jonas
was.
A. The day before the hearing when this document
was finalized, you were not at the hearing -- or the
meeting. I'm sorry.
Q. And the people that were at the meeting were
Mr. Nicoletti, Mr. Jonas, you and your wife, and
Mr. Lanker, right?
A. The people who signed it, that was including
Lisa Herman.
Q. Lisa Herman was there also. Everyone signed
this at town hall; right?
A. They were present when they signed this. Yes.
Q. At town hall. Do you recall that?
A. Yes. The day before the hearing.
Q. It says Edwin R. Jonas, III, attorney for the
O'Hares, with his Florida bar number; do you see that?
A. Yes.
Q. And when -- was this stipulation actually
typed on April 13th, prepared for the first time on
April 13th, on the word processor?
A. I don't think so.
Q. Are you aware whether or not the first time
any word processing document with regard to your case,
with regard to a stipulation was on April 13th?
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A. No, I don't think so.
Q. And your testimony about me being at city hall
with regard to this is totally fabricated; are you aware
of that?
A. Absolutely not.
MR. HANNA: Objection.
BY MR. SWEETAPPLE:
Q. So you're sitting here swearing that I was
with Mr. Nicoletti and I was at town hall, and I
dictated this stipulation in your presence. That's your
sworn testimony under oath; that you recall that
specifically; that is your sworn testimony under oath.
A. My statement is that you stood next to
Mr. Nicoletti, told him what to write. He drafted it.
Whether that draft was printed out the next day and
signed by these people, I can't tell you.
Q. What day of the week was April 13, 1998; do
you know?
A. No.
Q. And do you know what day of the week April 14,
1998 was?
A. No.
Q. And let me show you what I'm going to mark as
Exhibit 3.
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(Defendant's Exhibit No. 3 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. This is a letter dated April 7, 1998 from
Mr. Jonas, of counsel for the firm, to Mr. Nicoletti.
And I'm going to ask if you have ever seen that letter
before.
Let me give you copies, although I'm sure you
have them.
MR. HANNA: Is this 2?
MR. SWEETAPPLE: That's 2.
MR. HANNA: I wanted to make sure.
(Defendant's Exhibit No. 4 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. This is going to be 3 and 4.
Are you looking at Exhibit 3?
A. I've read it through, sir.
Q. Okay. And it says, "Please be advised our
firm was recently retained by Christopher F. O'Hare."
Do you see that?
A. Yes.
Q. Dated April 7.
A. That's what it says.
Q. "This letter is in reference to the code
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enforcement special master proceeding scheduled for
Tuesday, April 14." Do you see that?
A. Yes.
Q. And April 13 was a Monday.
A. Uh -huh.
Q. Correct?
A. I'm sorry?
Q. April 13 was a Monday.
A. That would make sense.
Q. And on Monday, April 13 is when you and
Mr. Jonas went to city hall and prepared Exhibit 2; are
you aware of that?
MR. HANNA: Object to form.
THE WITNESS: Is that a question?
BY MR. SWEETAPPLE:
Q. Yes. Does this refresh your recollection?
A. No. No.
Q. You went there on a Monday with Mr. Jonas, and
the settlement stipulation was prepared on a Monday.
A. No.
Q. And you did not have a copy of the
stipulation, Exhibit 2, and the stipulation and order
when you prepared your affidavit in this case to
disqualify me, did you?
A. A copy of the stipulation? No.
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Q. You didn't know what this said at the time you
swore out the motion to disqualify me, right?
A. No. It was based mostly on my memory.
Q. In fact, on April 7th, Mr. Jonas wrote and
said that he spoke with Mr. Zeldin's secretary to
request a postponement, and she referred me to Karen
Hancsak, town clerk of Ocean Ridge.
MR. HANNA: Hancsak.
BY MR. SWEETAPPLE:
Q. "Pursuant to Ms. Hancsak's request, I called
you. You indicated you would talk to town manager, Gary
Lanker." Do you recall this letter?
A. I've seen this letter.
Q. "In order to properly represent Mr. O'Hare at
the special magistrate proceeding, we would need an
additional 30 days to prepare. Would you please
postpone this proceeding to eliminate the necessity of
my having to appear on April 14th, 1998 to formally
request for postponement." Do you see that?
A. Yes.
Q. "Thank you for your anticipated courtesy."
It says, Edwin R. Jonas, of counsel for the
firm. Did you know that Mr. Jonas was of counsel to the
firm?
A. Of counsel to the firm. I'm not sure I know
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what that means.
Q. You see he is not a named lawyer in the firm
at the top place of the letterhead.
A. Yes.
Q. And you see I'm not copied on this letter
anywhere.
A. Yes.
Q. Mr. Zeldin, Mr. Lanker, and Ms. Hancsak --
MR. HANNA: Hancsak.
BY MR. SWEETAPPLE:
Q. -- are copied. But I'm not copied. Do you
see that?
A. I see that.
Q. And you do see my address was 465 East
Palmetto Park Road? That was about two buildings from
the Intracoastal right next to the Wild Flower in Boca
Raton. You couldn't remember I was in east Boca Raton
near the Intracoastal?
MR. HANNA: Object to form.
BY MR. SWEETAPPLE:
Q. You can remember everything that was said, but
you couldn't remember where my office was.
A. Yeah. I couldn't remember where your office
was.
Q. Okay. Do you now remember it was next to
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where the Wild flower was, right near the Intracoastal?
A. I remember the Wild flower, but I never went
there. I don't remember your office being close to it.
Q. So is it correct that the firm was recently
retained by you on April 7th? Was that letter true when
it was sent out?
A. "Our firm was recently retained by Christopher
O'Hare." I believe that is accurate.
Q. Okay.
A. I'm confused, though, with "our firm" versus
counsel for the firm. I'm sorry. I'm not a lawyer.
I'm not familiar with this.
Q. Let me see if I can help you, sir, what April
of 1998 looked like from a date standpoint. The 14th,
as you know, was -- because I've shown you -- was a
Tuesday. Okay. That was the day that you actually
signed -- that's the day you actually went to what you
call a hearing in Ocean Ridge and had a stipulation
adopted. See that?
A. Yes. On the 14th I attended a hearing.
Q. Monday, Monday the 13th, that's the day you
all appeared at city hall and signed the stipulation,
right?
A. That's accurate, yes.
Q. And that would mean that Sunday was the 12th,
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and Saturday was the 11th, if April 1998 is like any
other years you and I have experienced in our 60 years
on this planet, correct?
A. Yes.
Q. So that would mean Friday the 10th -- the
10th was a Friday, right?
A. Yes.
Q. What happened on the Friday before -- what
happened on the Friday before the Monday stipulation was
signed?
A. I believe that's when the stipulation
agreement was drafted.
Q. Have you seen -- well, before we get to what
is going to be Exhibit 5, let's look at Exhibit 4. It
is the letter back from Mr. Nicoletti to Mr. Jonas dated
April 7, 1998. So that would have been --
MR. HANNA: That's 4?
BY MR. SWEETAPPLE:
Q. Wednesday the 7th. So Exhibit 4, have you
seen that letter before?
If you don't mind, Mr. O'Hare, would you help
me out and put a sticker on there and be my paralegal
for a moment.
A. Hope that pays well.
Q. Not that well. Not enough. Let's put it that
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Page 173
way. I'll agree to that.
Do you see that now?
MR. HANNA: Your future son -in -law is well,
though.
THE WITNESS
Yes, I see that now.
BY MR. SWEETAPPLE:
Q. Okay. And that letter was sent to Mr. Jonas,
not to me, right?
A. It's addressed to Sweetapple Broeker and
Varkas.
Q. It was addressed to Mr. Jonas at that time,
right?
A. His name was at the top, yes.
Q. It wasn't copied to me, was it?
A. No.
Q. And Mr. Nicoletti on Wednesday, April 7th,
1998 refused to continue the hearing, right?
A. Yes.
Q. Then when you got the package from Ocean Ridge
within the last two weeks from Mr. Hanna, because that's
when he got the documents from Ocean Ridge, no doubt you
saw what I'm going to mark as Exhibit 5, which is a memo
to Kenneth Kaleel, mayor, from Paul Nicoletti, and it's
dated April 10th, which happens to have been the Friday
before the Monday settlement agreement.
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Page 174
(Defendant's Exhibit No. 5 was marked for
identification.)
BY MR. SWEETAPPLE:
Q. This is No. 5. Yes, sir. That's for you.
This is No. 5 that's been marked.
Have you read Exhibit 5 yet?
A. I'm sorry?
Q. Have you read Exhibit 5 yet?
A. Yes, I have.
Q. Do you see that there's a reference that the
town manager, or town attorney, Mr. Nicoletti, received
a call -- do you see this memo is dated April 10, 1998?
A. Uh -huh.
Q. That's a Friday. Okay. Are you aware of
that; that is Friday?
A. I understand.
Q. And he references that on April 8th, which was
Thursday, at 4:30 p.m. we received a call from me and
Mr. Jonas. Do you see that?
A. Yes.
Q. Claims we're tag- teaming, correct?
A. Yes. Says Robert A. Sweetapple, et cetera, et
cetera.
Q. Intended to intimidate me into granting or
agreeing to a postponement, right? Wanted me to allow
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Page 175
the taking of Gary Lanker's deposition, okay. And that
I had -- all these references to a phone call that I
made on April 8th. You see that?
A. Yes.
Q. Now go to the next page. You see where he
tells the mayor on April 10th that, "I have worked on a
stipulation which actually could provide a means of
resolving the case. The main concern is not the
physical aspect of the locks, although we contend they
were originally designed and constructed to accommodate
living space; nonetheless, the town's primary issue is
with the actual use of the areas for living space. As
far as I know, my Monday meeting with Mr. Jonas is still
set, but I couldn't reach him by phone today."
Do you say that Mr. Nicoletti had prepared a
proposed stipulation on Friday, and that I was not at
his office looking at his word processer dictating a
stipulation; I was being my usual aggressive self that
week, on the phone threatening to sue him for a 1983
violation for taking away your building permit that had
already been issued? Does that refresh your
recollection?
MR. HANNA: Object to form.
MR. VARKAS: Ask the question better.
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Page 176
BY MR. SWEETAPPLE:
Q. I'll ask the question. I'll rephrase it
without belittling myself so much.
A. I'm sorry.
Q. I'll rephrase it. Are you aware that -- that
Mister -- that during the week, that the only time I
contacted Mr. Nicoletti regarding your matter was to
call him on or about 4:30 p.m. April 8th, which was a
Thursday, with Mr. Jonas, and to threaten to sue him for
a 1983 violations for purporting to take away from you a
permit that had already been issued by the Town of Ocean
Ridge?
MR. HANNA: Object to form.
BY MR. SWEETAPPLE:
Q. Are you aware of that?
A. Yes.
Q. Are you aware that on Thursday, April 8, I was
not at Mr. Nicoletti's office talking to him about your
stipulation and preparing a stipulation; would you admit
that?
A. Yeah. I never said that.
Q. Okay. And would you agree with me that on
Friday the 9th, okay, I was not at Mr. Nicoletti's
office dictating a stipulation for him to sign? Would
you agree with that?
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A. Friday was not the 9th.
Q. Thursday is the 9th, Friday is the 9th -- I'm
sorry. Friday is the 10th. Would you agree with me?
Okay. Let's get it right.
MR. VARKAS: Wednesday is the 8th.
BY MR. SWEETAPPLE:
Q. Thursday is the --
MR. VARKAS: The 9th.
MR. HANNA: Friday is the 10th.
BY MR. SWEETAPPLE:
Q. Let me get the dates right. Thursday is the
9th and Wednesday is the 8th.
So would you agree with me that on the 8th,
which is a Wednesday, at 4:30 I'm not at Mr. Nicoletti's
office, right?
A. Not on the 10th.
Q. On the 9th I'm not at Mr. Nicoletti's office,
am I?
A. No.
Q. Okay. On the 9th -- on the 10th, which is a
Friday, Mr. Nicoletti is telling the mayor on Friday
that he has prepared -- he has worked on a stipulation
that could provide a means of resolving, and he doesn't
know if his meeting is still on with Mr. Jonas. Right?
A. That's what it says.
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Page 178
Q. Are you saying that I met with Mr. Nicoletti
on Friday to prepare a stipulation?
A. No.
Q. So I wasn't there Monday when you signed this
stipulation, and I wasn't there Wednesday, Thursday, or
Friday.
Are you saying that on the weekend I met with
Mr. Nicoletti to do the stipulation and I dictated it to
him?
A.
No.
Q.
When did I
meet with Mr.
Nicoletti?
A.
I believe you met him on
Monday.
Q.
On Monday --
Monday the
13th?
A.
Yes.
Q.
The date of
it -- it says
Edwin R. Jonas is
the attorney for the
O'Hares?
A.
Yes.
Q. So you think I was there with all of these
people, but I'm not on this agreement.
A. Well, as I previously testified, people were
coming and going. And now that I see this document it's
coming -- it is gelling into more of a formal memory,
and I believe that you were there, and you had Nicoletti
modify a stipulation agreement that he had already
started to compose, and that Mr. Jonas is the one that
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signed it.
Page 179
Q. You told me you didn't remember if Mr. Jonas
was there when it was signed.
A. I don't remember Mr. Jonas.
Q. You don't remember Mr. Jonas at all.
A. You know, I couldn't tell you what he looks
like. I couldn't tell --
Q. Red hair?
A. No. The only thing I know about him is he was
disbarred. I tried to get a hold of him, but I don't
have any recollection of Mr. Jonas.
Q. He was subsequently disbarred?
A. I don't know. That's what I read. I did a
little research. I couldn't testify. I don't know
anything about Mr. Jonas.
Q. But Mr. Jonas was there at the meeting and
signed the settlement stipulation.
A. Yes. He is on that --
Q. And Mr. Nicoletti knew he was going to be
there.
A. His signature is on that final document.
MR. HANNA: Object to form.
BY MR. SWEETAPPLE:
Q.
So
your sworn
testimony
-- I want
to make sure
we have
this
correct.
Your sworn
testimony
under
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penalties of perjury is that on April 13, 1999, I was in
Ocean Ridge, Florida.
A. No. That's not what I'm saying.
Q. Mr. O'Hare, this stipulation was signed --
you're saying on April 12th I was in Ocean Ridge,
Florida.
A. I'm sorry. I didn't hear that.
Q. You're saying that -- the stipulation was
signed on April 13th, which is a Monday.
A. 1998.
Q. 1998.
A. Not 199.
Q. I'm sorry. 1998. Is it your sworn testimony
on April 13, 1998 I was physically in Ocean Ridge,
Florida, where this stipulation was executed, and it
just so happens that my name is not on it?
A. That's my recollection, sir.
Q. And your recollection is that I was at your
house before this was signed?
A. That's --
Q. What day of the week was I at your house,
Mr. O'Hare?
A. Let me answer your first question.
Q. Let me just retract it, and I'll ask you
another question.
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Page 181
We know that on April 7 Mr. Jonas wrote to
Mr. Nicoletti, and we know on April 13 the settlement
stipulation was signed. So we have April 7, which is a
Tuesday. We have Wednesday. We know that on Thursday I
made a call to Mr. Nicoletti, correct, with Mr. Jonas.
And I would like to know what day you say I went to your
house.
A. My recollection is that you came to my house.
We went to town hall. We hammered out the stipulation
agreement. I remember your comments in the anteroom
about having different tools in your bag and knowing
when to use a feather or a hammer, and that you hammered
out an agreement with him. I'm sorry. I shouldn't use
the word "hammer." You modified his agreement and
subsequently, I guess according to this, it was signed
by Mr. Jonas, but I don't recall that part.
Q. How was it modified? What was changed from
Mr. Nicoletti's draft?
A. You know, I'm standing in the back of the
room, and I don't remember the exact words. I think
there was a degree of cooperation on my part for
future -- allowing future inspections on the inside of
the building.
Q. So your testimony is the day I went to your
house was April 13th?
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Page 182
A. That's my recollection.
Q. And you don't remember if you paid me or
Mr. Jonas. Who did you give the check to, this retainer
agreement?
A. I don't think I ever gave a check to
Mr. Jonas.
Q.
Do you recall specifically?
A.
I believe I gave the check directly
to you.
Q.
You don't recall specifically?
A.
I'm sorry.
Q.
You don't recall specifically?
A.
I believe I gave the check right to
you.
Q.
Do you recall specifically? I'm not
looking
for your
beliefs. This affidavit isn't about
your
beliefs,
and this deposition today isn't about
your
beliefs.
It's about what you know.
A.
My recollection, sir, is that I gave
you a
check.
Q. And where was I when you gave me the check?
A. My recollection is that we were in your
office.
Q. And you don't know the amount?
A. I thought it was 10 to 15, but judging from
this letter, it might have been -- yeah. I'll stick
with 10 to 15.
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Q. What do you mean stick with it? Are you sure?
A. That's what I believe how much I gave you.
Q. What were you thinking before you said "you're
sticking with it "? Was there some other number in mind?
A. I was going to be more specific, because your
quotation in here of spending 15,000 of my money leads
me to believe that maybe it was closer to 15, but I know
it was at least 10, so I'll stay with my testimony that
it was between 10 and 15,000.
Q. And I talked about spending legal fees this
weekend, right? This weekend. So there was no --
definitely no settlement agreement until Monday, right?
A. The 14th, whatever that date was. I'm
sorry --
Q. The 13th. The 13th. Monday.
A. The 13th is when the agreement was signed, the
settlement was entered into the magistrate's record.
Q. It was all done that day, right? The
settlement agreement was all done on the 13th.
A. No. Mr. Nicoletti had done a draft, as he
writes, and it was finalized on the 13th.
Q. Had he provided to -- he hadn't provided to
you a copy of the proposed settlement agreement --
A. No.
Q. -- prior to Monday, right, the 13th?
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Page 184
A. Prior to the meeting, no.
Q. So you told me you don't know who the check
was written by, right, you or the LLC or personal?
A. What do you mean?
Q. You don't know if it was personal or LLC,
right?
A. I can't recall that.
Q. Why -- if the property was owned by an entity,
why was -- do you have any idea why you were, you and
your wife were cited for the building code violation?
A. I don't know.
Q. So our representation, the Mr. Jonas and /or
the Sweetapple firm representation lasted one week,
right?
A. Could you explain what you mean by
"representation ?"
Q. Well, we told them we were retained on the
7th, and by the 14th there was a signed stipulation.
MR. HANNA: I'm going to object to the form;
mischaracterization.
BY MR. SWEETAPPLE:
Q. The settlement was signed on the 13th. So
from the time -- let me put it this way. From the time
we advised Mr. Nicoletti through Mr. Jonas, who was of
counsel, that we were coming in the case on the 7th, the
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Page 185
settlement stipulation was signed six days later, right?
MR. HANNA: Object to the form.
MR. SWEETAPPLE: Never mind. The document
speaks for itself. I'll withdraw that.
THE WITNESS: In order to answer that
question --
MR. HANNA: There is no question pending.
THE WITNESS: Okay.
BY MR. SWEETAPPLE:
Q. I'm comparing our letter to Mr. Nicoletti,
telling him we were recently retained to the date on the
stipulation, which was six days later.
And you say here that you shared confidences;
that we've engaged in many long discussions. These two
to three conversations you talked about and the phone
conversation you say were long discussions?
A. I think I testified there were about eight
discussions on the phone.
Q. "They were long discussions, and we worked
closely together on legal issues and strategies
regarding evolving situations."
Is that your language, or is that Mr. Hanna's
language?
A. That sound likes it was refined by Mr. Hanna,
but mostly it was mine.
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Page 186
Q. "And we shared confidences as well as personal
and privileged information. Attorney Sweetapple has
personal and substantial knowledge of plaintiff's
private and business affairs; plaintiff's personal
history; and plaintiff's personal predilections,
predispositions, and proclivities."
Mr. O'Hare, I have racked my brain to remember
even meeting you, or even see you in my office. And I
have -- until the settlement conference, I had no idea
what you did for a living. I have no knowledge at all
of your private and business affairs. I know nothing
about your personal history. I know nothing about your
personal predilections, other than you like to file
lawsuits. I know nothing about your predisposition and
proclivities, other than what I have learned through my
representation of Gulf Stream.
So as you sit here today, are you telling me
under oath that you believe that I have personal and
substantial knowledge of your private and business
affairs?
MR. HANNA: I'm going to object to the form
and move to strike, the testifying part.
MR. SWEETAPPLE: That will be in my affidavit,
but I'm telling him that because I think he'll be
honest with me.
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Page 187
BY MR. SWEETAPPLE:
Q. Are you telling me that you have personal
knowledge that I have personal and substantial knowledge
of your private and business affairs?
A. This is a question?
Q. Yes.
A. Yes.
Q. And what do the business affairs relate to?
Without giving me any -- without giving me any
specifics, is there some company I represented for you
or some entity that I was involved in representing?
What business affairs are you talking about? What
entity?
A. The affairs we discussed in our conversations.
Q. For which entities? Which entity?
A. I'm sorry?
Q. What business entities?
A. My business at the time.
Q. What business was yours at the time?
A. The same one I have today.
Q. What is the name of it?
A. Pineapple Grove Designs.
Q. And what exactly does it do?
A. We manufacture sculptural architectural
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Page 188
Q. Have I ever done any work with regard to that
company that I'm unaware of?
A. We had wide- ranging conversations that
included my business, my personal life, my relationship
with the town, my history of being a commissioner; and
that's what I'm referring to.
Q. In terms of the business affairs, you had a
business where you're a designer or an artist?
A. I take that back. Let me qualify it. I also
have the business of Ocean Ridge Holdings.
Q. And what is that?
A. That is the properties in Ocean Ridge that I
own.
Q. And you sought my counsel with regard to Ocean
Ridge Holdings?
A. That's 21 Tropical Drive.
Q. You're talking about the code violation.
A. That and the Emmett Pace lawsuit, which
threatened the revocation of my permit.
Q. Other than those -- other than your code
violation and Emmett Pace's case regarding your work as
a commissioner that you talked about, where you say it
was against you and Ocean Ridge, is there any business
that you are engaged in that you've ever talked to me
about?
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Page 189
A. Those were the businesses at the time.
Q. Any other businesses like this Pineapple Grove
or whatever?
A. That was my business at the time with Ocean
Ridge Holdings, yes.
Q. But you didn't have any legal issues with
regard to that that you spoke to me about, did you?
A. I felt like I was being vetted to see if I
qualified as a client, and we discussed it in depth.
Q. So in the initial conversations you're saying
I asked background about what you do, who you are.
A. Yes. Basically.
Q. With regard to your private affairs, you
say -- let's start with business affairs. You say that
I have personal and substantial knowledge of plaintiff's
personal and private business affairs.
Tell me what business affairs -- without
giving me specifics, what businesses do I have personal
and substantial knowledge of?
A. Sorry. Is this the same question again?
Q. No. I'm saying you said about the code
violation, and you talked about Emmett Pace. What
business affairs, other than those two, do you believe I
have any substantial knowledge about?
A. Not other than those two.
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Page 190
Q. Okay. And what personal affairs do you
believe I have substantial knowledge about?
A. Well, without talking about my medical
history, the sufficient ones to have you recommend Heath
King for me.
Q. That's not a legal representation of you, is
it? Are you saying I represented you in some mental
health issue?
A. You recommended I see Dr. Heath King, which I
did.
Q. You're volunteering that because that is not
lawyer- client or...
A. I'm sorry. I didn't understand the question.
Q. Okay. You stated publicly that I've -- you
told people I recommended Heath King to you.
A. During a confidential meeting.
MR. HANNA: I'm going to object.
BY MR. SWEETAPPLE:
Q. Have you talked to -- have you told other -- I
don't want to talk about settlement conversations. Have
you told other people that I've recommended Heath King
to you?
A. Oh, yes. Yes.
Q. And you've recommended Heath King to other
people?
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Page 191
A. Yeah. He's a great guy. I appreciate the
recommendation.
Q. Okay. So I've recommended Heath King to you.
Other than that, what other -- you say is personal, what
other substantial personal knowledge do you say I have
of you?
A. Well, the whole enchilada of issues that ended
up with you recommending him, without going into detail.
Q. Was that -- was that regarding some legal
case?
MR. HANNA: Objection. I'm instructing the
witness not to answer. You're getting into
attorney - client privilege. He is talking about
what he spoke with you about.
MR. SWEETAPPLE: I'm asking him was there some
legal -- was there some legal case, that --
MR. HANNA: You're still asking him to divulge
what the conversations were.
BY MR. SWEETAPPLE:
Q. Okay. When did you have this conversation
with me where I recommended Heath King? Was that in my
office? Telephone? What year was it?
A. It was face to face. I remember your hand on
my shoulder, and you just referred to some issues that I
had and recommended I speak to him.
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Page 192
1
Q.
What year was it?
2
A.
This would have been 198, I believe.
3
Q.
Was it after the code violation?
4
A.
It was at the conclusion of all that stuff.
5
Q.
At the end of it?
6
A.
Yeah.
7
Q.
Okay.
8
A.
Oh. To the best of my recollection.
9
Q.
Okay. And did you go see Heath King?
10
A.
Multiple times.
11
Q.
And you're saying my recommendation that you
12
go talk
to Heath King was in my capacity as a lawyer?
13
A.
Was what?
14
Q.
In my capacity as a lawyer?
15
A.
I don't know how to answer that.
16
Q.
Was it just a friendly recommendation to you
17
because
of something you said?
18
A.
It was referenced in regard to my behavior in
19
the previous incidents, and you were my lawyer. So it
20
was --
I guess, it was in regard to -- you gave me the
21
advice
as my lawyer.
22
Q.
Had you had any anger outbursts or screaming?
23
A.
I was pretty angry.
24
Q.
Were you screaming somewhere?
25
A.
Screaming? I don't recall that. No, I don't
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think I screamed. Page 193
Q. Okay. And then it says in Paragraph 6,
"Sweetapple informed plaintiff that he would be one of
the attorneys who would be representing Gulf Stream in
an action." Okay. Did I personally -- are you talking
about me personally informing you?
MR. HANNA: I'm going to object. You're
getting into the confidentiality agreement.
BY MR. SWEETAPPLE:
Q. It says "Sweetapple" -- the only place I've
ever spoken to you was in the -- about the pending cases
was at the settlement conference, right?
A. No.
Q. And you put it into a pleading. "Sweetapple
informed plaintiff that he would be one of the attorneys
who would be representing Gulf Stream in an action."
Then you say, "Which we'll claim plaintiff has violated
the RICO Act and other threatened actions, which include
the state attorney's office."
Are you referring to what you allege occurred
at a mediation?
A. No. I knew about that before the meeting.
Q. But it says here "Sweetapple informed
plaintiff."
A. Well, when I say plaintiff, I'm talking about
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Page 194
me and my attorney.
Q. Okay.
A. My attorney communicated to me.
MR. HANNA: Settlement offer.
BY MR. SWEETAPPLE:
Q. So this is a reference to a settlement --
reference to a communication that's hearsay that your
attorney told you about?
You're swearing here to what I informed you,
okay? That means I told you. Okay. Not hearsay. So
is this a reference to something that was in a
settlement conference, or is it a reference to something
you heard from someone else?
MR. HANNA: I'm going to object and instruct
the witness not to answer.
MR. VARKAS: What grounds?
MR. HANNA: Attorney - client privilege and also
settlement conference. We had a meeting on July
24th where this offer was made to me, and I
conveyed to my client to -- I think it was
August 12th Bob and I met.
MR. SWEETAPPLE: Settlement communications are
not privileged for discovery; they're privileged
for admissibility at the trial.
MR. HANNA: I know that. (Conferring.)
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Page 195
Q. Paragraph 7, page 3 of 6, you refer to a Bar
rule 4 -17, interest of current clients. You're not a
current client of me, are you?
A. I'm sorry. I heard Paragraph 7. What was the
Q. First sentence you cite the bar rule that
deals with current clients. You're not a current
client, right? You haven't been -- you don't allege
you've been a client since 1998?
A. I'm thinking that's the town. I'm not sure.
Q. It says with current clients. That rule has
nothing to do with you. Then it talks about attorney
may not represent conflicting interest in the sale
general transaction. The transactions in Gulf Stream
are not the same general transactions that occurred in
1998, are they?
A. I think they're similar.
Q. So you think they're the same or a
substantially similar matter; what happened in Gulf
Stream, what happened in Ocean Ridge, you think is the
same or substantially similar legal matter as this case?
A. Yes, I do.
Q. Okay. And then on page 4 of your motion at
the -- right above where it says Paragraph 10, it says,
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Page 196
"The moving party must offer evidence of specific
similarities between the prior representation and the
pending litigation. Merely pointing to a superficial
resemblance between the present and prior
representations will not substitute for a careful
comparison demanded by our cases."
That's what your lawyer actually put in the
motion; do you see that?
A. I read that now, yes.
Q. And you were aware of that when you signed
this, right?
A. Yes, I read that.
Q. You knew that was the law, right?
A. Yes.
Q. Because your lawyer cited it right in his own
motion. Please tell me all of the specific similarities
between the alleged prior representation and the pending
representation, please.
A. I don't know that I have that until we
complete our discovery process. So I'm not sure I can
answer your question the way you asked it.
Q. You're taking -- you filed a motion to
disqualify me before taking the discovery?
A. We haven't deposed you, Mr. Sweetapple. I'm
not sure what you're asking me.
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Page 197
Q. You filed this motion because you believed it
was in good faith at the time you filed it, right?
A. Yes.
Q. You didn't need my deposition to file this
motion.
A. Yes. That's correct.
Q. So I want to know that -- you're the moving
party. I want to know what did you believe was the
specific evidence -- or the evidence of specific
similarities between the prior representation and the
pending litigation?
A. Oh. Okay. I believe that the litigation with
the Town of Ocean Ridge and all the incidental things
that happened with the state attorney's office with the
code enforcement, with the Emmett Pace discussion, all
those things are similar to what is happening with the
Town of Gulf Stream.
Q. Did I ever meet with the state attorney?
A. I have no knowledge of that.
Q. Did I ever talk to the state attorney?
A. I have no knowledge of that.
Q. Did I ever appear in any case involving a
state attorney?
A. Not that I'm aware of.
Q. So is it your position that based on what you
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Page 198
say was my representation in 198, I couldn't defend the
case you brought with regard to whether or not you're
entitled to have -- to shoot your gun in your backyard?
A. I'm sorry?
Q. That I'm precluded now from representing Gulf
Stream ever with regard to a lawsuit you brought with
regard to the shooting of a gun in your backyard; that
there is specific similarities between your case
involving shooting a gun in your backyard and what
occurred back in 198; is that what you're saying?
MR. HANNA: Object to form.
THE WITNESS: I believe there are similarities
between the cases, yes.
BY MR. SWEETAPPLE:
Q. So once -- so if a lawyer represented you with
regard to what you described in 198, he could never
represent another town that you sued because he
represented you 16 years before on something. Is that
what you're saying?
A. No. Absolutely not.
Q. Like you own me?
A. You can represent any town you like and what
have you, but not in regard to me, sir.
Q. Do you believe I can represent Gulf Stream on
anything involving you?
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Page 199
A. Involving me?
Q. Yeah.
A. If there were things that were not similar, I
would imagine you would be entitled to that.
Q. But isn't the standard substantially similar,
specific similarities?
A. Yes. I believe that is true.
Q. So your case where there is a boat, you put a
boat -- you have put a boat in a canal with caricatures
of the mayor.
A. It was a political speech.
Q. I understand. Adult political speech, right?
A. There was nothing R rated.
Q. I'm saying adult in terms of you're acting
like an adult.
A. Yes.
Q. As opposed to drawing cartoons, like children
MR. HANNA: Object to form. Move to strike.
THE WITNESS: I take that as offense. I
believe that Thomas Nast started that with Tammany
Hall. I think it's a very adult thing to do.
BY MR. SWEETAPPLE:
Q. So you think that if you put cartoons of
elected officials in places and the town is sued, that I
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Page 200
couldn't represent the town in that case because of what
happened in 1998; that's your position?
A. I think you have substantial knowledge of me,
and it puts me in an unfair advantage if you represent
the town in something substantially similar.
Q. And you think a lawsuit involving a boat with
a cartoon character that you put in it that you're
floating in the waterway is substantially related to
what happened, that you described in 1998?
A. Well, your limited description of that does
not adequately describe all the issues of that.
Q. So let me --
A. My boat being in the waterway.
Q. Let me make it clear. You believe I have a
conflict of interest in representing the town of Gulf
Stream in any cases that you filed, right?
A. That are substantially similar to this.
Q. You've got, right now, 35 or more cases you've
described. We know what all the cases are. They're a
matter of public record.
Are there any of those cases that you think I
have a right to appear and represent the Town of Gulf
Stream in as a lawyer?
A. Not those cases, no.
Q. So there's no case that you filed that I have
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Page 201
right to practice law and represent the Town of Gulf
Stream?
MR. HANNA: Object to form; asked and
answered.
THE WITNESS: I'm sorry. I need to qualify
or correct my last answer. When I said no cases, I
meant, No, I don't think there are any of those
cases that you should be allowed to represent the
town on.
BY MR. SWEETAPPLE:
Q. Any of the 35 cases that are pending?
MR. HANNA: Object to form.
THE WITNESS: Sorry.
MR. HANNA: Go ahead.
BY MR. SWEETAPPLE:
Q. You think what?
MR. HANNA: You can still answer. I'm
reserving.
THE WITNESS: I think they're substantially
similar to the Ocean Ridge instance.
MR. SWEETAPPLE: Let me take a five - minute
break. I think I'm almost finished.
THE VIDEOGRAPHER: The time is 3:00 o'clock
p.m. We're going off the record.
(At 3:00 p.m. a recess was taken.)
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Page 202
THE VIDEOGRAPHER: The time is 3:05 p.m.
We're back on the record.
BY MR. SWEETAPPLE:
Q. Do you see in your motion on page 4 how you
highlighted "in the same matter or substantially related
to the prior representation." Do you see that?
A. That's page 4?
Q. Right.
A. Yes.
Q. So you included a legal memo in your motion
that you swore to, right?
A. Yes.
Q. Did you ever read that rule that's referenced?
A. I read so many. Yes.
Q. Are you aware that substantially related --
that there's a comment to the rule that discusses what
substantially related means?
A. There's a -- I'm sorry.
Q. There's a definition in the rule of what
substantially related means in the comments. Are you
aware -- have you ever read the rule?
A. Yeah, but I don't remember the definition.
Q. Are you aware that the comments to rule 4 -1.9
says, "Matters that are substantially related for the
purpose of this rule if they involve the same
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Page 203
transaction or legal dispute ?" So we know this doesn't
involve the same transaction or legal dispute, right?
A. I think it does.
Q. Okay. So you think it is the same transaction
or legal suit. Then it says, "Or if current matter
would involve the matters attacking work that the lawyer
performed for the former client."
Is there anything in the current case that
would attack my former work from 1998?
A. I don't understand the question.
Q. Okay. I'll save that for the court.
A. I don't know what attack means.
MR. SWEETAPPLE: I'll save that for the court.
I don't think I have any further questions at this
time.
CROSS (CHRISTOPHER F. O'HARE)
BY MR. HANNA:
Q. I just want to follow up. Can you look at
Paragraph 10. It says, "In this case Attorney
Sweetapple is not being accused of switching sides in
the same case."
A. Yes.
Q. Okay. The boat -- the case involving the
boat, was there a code enforcement hearing scheduled for
that?
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Page 204
1 A. I was threatened with one. No, it never came
2 out.
3 Q. Did they threaten you with a hearing, and we
4 had a long argument about getting the hearing reset
5 because of due process violations?
6 A. Yes.
7 Q. With the Ocean Ridge matter, who were the
8 other commissioners on the board at the time in 1998;
9 January 198 through June 198?
10 A. Mayor George Stamos, then later Mayor Ken
11 Kaleel, Gail Aaskov, Digby Bridges, and myself.
12 Q. How did you get along with Digby Bridges and
13 Gail Aaskov?
14 A. Most of the times, fine. But there was some
15 instances where it didn't go so smoothly.
16 Q. Were there some personal problems with them?
17 MR. SWEETAPPLE: Object to form. Outside the
18 scope.
19 THE WITNESS: (Nodding head.)
20 BY MR. HANNA:
21 Q. Now, with this period of time from the time
22 the Pace lawsuit was filed through the resolution of the
23 Sunshine Law violations, were those issues all
24 intertwined?
25 A. I believe they were.
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Page 205
Q. What was the result -- the Pace lawsuit
settled in approximately January or February of 198; is
that right?
A. Yes.
MR. SWEETAPPLE: Note my objection to form.
BY MR. HANNA:
Q. How much did you pay for the settlement?
MR. SWEETAPPLE: Object to the form.
THE WITNESS: I contributed about $10,000.
BY MR. HANNA:
Q. Did you pay anything towards the settlement?
A. I paid $10,000 towards the settlement.
Q. After that was -- was that settlement approved
by the commission?
A. Yes. I believe I abstained.
Q. Did any of the townspeople have issues about
how that settlement was handled?
A. Yes.
Q. And what were those issues?
A. Accusations of favoritism and backroom deals,
that the town was somehow in my pocket and did
inappropriate things on my behalf.
Q. Now, after that was done, when did the code
enforcement hearing pop up, or the code violation?
A. It was soon after. Within a month or so.
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Page 206
Q. And how was that brought to the town's
attention?
MR. SWEETAPPLE: Object to the form.
THE WITNESS: Digby Bridges had -- and another
commissioner had photographs that were taken by a
friend of Gail Aaskov's that supposedly showed a
code violation. And he entered them into the town
staff and demanded they do an investigation.
BY MR. HANNA:
Q. And who was the person that made the --
MR. SWEETAPPLE: Just give me a standing
objection to form.
BY MR. HANNA:
Q. Who was the person that made the decision to
file a code enforcement case against you?
A. I don't know that.
Q. Okay. Who was the town manager?
A. That was Gary Lanker.
Q. And did you have any issues with Mr. Lanker at
that time?
A. I was trying to get him fired.
Q. Okay. Now, after the code enforcement
hearing, you entered into the stipulation. Is that when
the Sunshine Law violation arose?
A. They were very close. I think the Sunshine
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Page 207
Law might have been after. I can't be sure. They were
very close.
Q. Who was the person that made the Sunshine Law
violation, or the claim?
A. That's the name I was trying to remember.
Jeff Koons was the county commissioner.
Q. Was there a former mayor of Ocean Ridge also
involved in that?
A. I believe Digby Bridges complained to Jeff
Koons.
MR. HANNA: Let me see. I don't have anything
further.
MR. SWEETAPPLE: Okay.
MR. HANNA: He'll read.
MR. SWEETAPPLE: Okay. Good. I'll take a
copy. Thank you. Appreciate it.
(At 3:13 p.m. the deposition was concluded.)
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Page 208
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I, the undersigned authority, certify that the
aforementioned witness personally appeared before me and
was duly sworn.
Dated this 11th day of November, 2014.
Debra Duran - Bornstein, RPR, CLR
Notary Public - State of Florida
My Commission Expires: 8/20/15
My Commission No.: EE 112218
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 209
C E R T I F I C A T E
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I, Debra Duran - Bornstein, Registered
Professional Reporter and Notary Public in and for the
State of Florida at large, do hereby certify that I was
authorized to and did report said deposition in
stenotype; and that the foregoing pages are a true and
correct transcription of my shorthand notes of said
deposition.
I further certify that said deposition was
taken at the time and place hereinabove set forth and
that the taking of said deposition was commenced and
completed as hereinabove set out.
I further certify that I am not attorney or
counsel of any of the parties, nor am I a relative or
employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
action.
The foregoing certification of this transcript
does not apply to any reproduction of the same by any
means unless under the direct control and /or direction
of the certifying reporter.
Dated this 11th day of November, 2014.
N0\ ?I f %) 1 1
Debra Duran - Bornstein, RPR, CLR
Notary Public - State of Florida
My Commission Expires: 8/20/15
My Commission No.: EE 112218
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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November 12, 2014
Mark Hanna, Esquire
GMMM /MADISON P.A.
401 South County Road
Suite 3272
Palm Beach, Florida 33480
In Re: O'Hare vs. Town of Gulf Stream
The referenced transcript has been completed and
awaits reading and signing.
Please have your client review your copy of
the transcript at your convenience or if a copy was not
ordered, to call our office at the below - listed number
to schedule an appointment between the hours of 9:00
a.m. and 3:30 p.m., Monday through Friday to make an
appointment to come to our office and read the
deposition. If desired, your client may also opt to
waive signature. If so, please have your client sign
their name at the bottom and mail to our office to be
attached to the original transcript.
If the transcript is not reviewed and signed
within 30 days, the original, which has already been
sent to the ordering attorney, may be filed with the
Clerk of the Court.
Very truly yours,
Debra Duran & Associates
224 Datura Street, Suite 402
West Palm Beach, Florida 33401
PH: 561) 313 -8000
CHRISTOPHER O'HARE
CC: All Counsel
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Page 210
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Page 211
C E R T I F I C A T E
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I hereby certify that I have read the
foregoing deposition by me given, and that the
statements contained herein are true and correct to the
best of my knowledge and belief, with the exception of
any corrections or notations made on the errata sheet,
if one was executed.
Dated this day of
2014.
CHRISTOPHER F. O'HARE
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
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Page 212
E R R A T A S H E E T
IN RE: O'HARE V GULF STREAM C.R. DD
DEPOSITION OF: CHRISTOPHER F. O'HARE
TAKEN: 10 -24 -14
DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE
PAGE # LINE # CHANGE REASON
Please forward the original signed errata sheet to this
office so that copies may be distributed to all parties.
Under penalty of perjury, I declare that I have read my
deposition and that it is true and correct subject to
any changes in form or substance entered here.
DATE:
SIGNATURE OF DEPONENT:
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
$10,000 159:17
205:9,12
1
1 129:17 137:15,22
138:11 140:22
142:10 144:1
10 174:12 182:23,
25 183:8,9 195:25
203:19
10:21 145:21 146:1
10th 172:5,6
173:24 175:6
177:3,9,16,20
11th 159:8 172:1
12th 171:25 180:5
194:21
13 164:10,14,20
165:1 166:17
168:4,8,10 180:1,
14181:2
13th 164:16,17
165:20,21,25
171:21 178:13
180:9 181:25
183:15,16,19,21,25
184:22
14 162:6 166:20
168:2
14th 161:7169:18
171:14,20 183:13
184:18
15 182:23,25 183:7
15,000 183:6,9
16 131:9198:18
17717 145:2
154:16
1983 175:19
176:10
1990s 125:15
1997 129:11
157:21,22
1998 129:11,19,25
133:2,4 164:10,20
166:17,21 167:4
169:18 171:14
172:1,16 173:17
174:12 180:10,11,
13,14 195:10,17
200:2, 203:9 204:8
1999 130:5 180:1
1:23 125:3
1:56 154:24 155:1
FA
2 143:25 155:9
162:1,2 167:10,
168:11,22
20 144:13,15,17
146:11 148:8
155:20 156:16
2013 145:22 146:1
2014 131:5
21 126:16 127:17
188:16
24th 194:19
29 145:22146:1
2:01 155:2
2:04 157:13,15
2:06 157:16
2:23 145:21 146:1
3
3 157:21 166:24
167:1,16,17 195:2
30 144:17 146:11
148:8 155:21
169:16
35 200:18 201:11
3:00 201:23,25
3:05 202:1
3:13 207:17
4
4 167:13,16172:14,
17,19 195:24
202:4,7
4 -1.9 202:23
4 -17 195:3
40 145:22,25 146:5
400 144:21
465 170:14
4:30 174:18 176:8
177:14
5
5 172:14 173:22
174:1,4,5,6,8
6
6 195:2
60 172:2
7
7 167:4,23 172:16
181:1,3 195:2,5
7th 169:4 171:5
172:19 173:16
184:18,25
8
8 176:17
8th 174:17 175:3
176:8 177:5,12,13
9
90s 125:11 151:13
97 126:6128:11
98 126:7 128:11
192:2 198:1,10,16
204:9 205:2
Index: $10,000 - agreement
99 129:22 133:5
180:12
9th 176:23 177:1,2,
8,12,17,20
A
a.m. 145:21 146:1
Aaskov 204:11,13
Aaskov's 206:6
above - captioned
137:20 138:15
Absolutely 134:22
147:11 166:5
198:20
abstained 205:15
abuse 150:17,20
abuses 150:24
151:5
accommodate
175:10
accurate 159:16
160:21 171:8,24
accurately 159:4,
5,7
Accusations
205:20
accused 203:20
Act 193:18
acting 199:14
action 141:17
142:19 143:1,19
149:6 193:5,16
actions 146:15
150:19 193:18
activity 126:7
actual 126:20
161:23 175:12
addition 140:15
additional 169:16
address 170:14
addressed 173:9,
11
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
adequately
200:11
adjusted 157:19
admissibility
194:24
admit 160:17
176:19
adopted 163:5
171:19
adult 199:12,14,
15,22
advantage 200:4
advice 129:3,14
130:11,21,22
132:20 135:13,16,
19,25 136:13
137:1,3,5 138:18
140:5 151:16
152:12 159:10
192:21
advised 136:23
137:17 138:6,12
152:20 153:2
167:19 184:24
advocate 141:4
aerial 145:7,12
affairs 186:4,11,20
187:4,8,12,14
188:7 189:13,14,
16,17,23 190:1
affected 128:18
affidavit 143:6
154:12,13 159:21,
23 160:2 168:23
182:14 186:23
aggressive 175:18
agree 173:1
176:22,25 177:3,13
agreeing 174:25
agreement
126:18,20922,24
127:1,6 133:20
142:23 172:12
173:25 178:19,24
181:10,13,14 182:4
183:12,16,19,23
193:8
ahead 201:14
Albert 149:3
allege 125:24
154:15 193:20
195:9
alleged 150:24
160:25 196:17
allowed 152:25
201:8
allowing 181:22
amount 182:22
and /or 184:12
anger 192:22
angry 192:23
animus 132:6
answers 146:8
153:25
anteroom 181:10
anti - shushing
148:10 150:4
anticipated
169:21
apartment 126:16
151:22 152:4
153:6 157:24
158:1 161:14
apologize 140:10
143:15 148:22
appearance
137:18 138:13
139:18 140:7
153:16
appeared 145:1
153:19 163:22
164:2 171:22
appearing 135:10
153:9
approved 205:13
approximately
126:9 145:22
205:2
April 131:5 140:11
161:7 162:6
164:10,14,16,17,20
165:1,20,21,25
166:17,20 167:4,23
168.2,4,8,10 169:4,
18 171:5,13 172:1,
173:16,24 174:12,
17 175:3,6 176:8,
17 180:1,5,9,14
181:1,2,3,25
architectural
187:24
areas 175:12
argument 204:4
arose 206:24
article 143:13
artist 188:8
aspect 175:9
assert 137:11
assume 140:14
attached 164:7
attack 203:9,12
attacking 203:6
attempting
133:14
attended 171:20
Attending 140:2
attention 206:2
attorney 128:2,22
134:13,135:14,17,
19 140:13,16
141:12 143:6,11,21
144:2 154:1 155:7,
10 157:22 160:1
161:12,163:19
165:16 174:11
178:16 186:2
194:1,3,8 195:13
197:18,20,23
203:19
attorney's 128:20
129:7 151:6
193:19 197:14
attorney - client
137:12 191:13
194:17
attorneys 134:6,7,
9,16,17 140:14
193:4,15
audience 163:10
August 194:21
authority 150:18
authorize 154:5,6
authorized 154:10
aware 136:15
140:7 145:23
154:1 164:22,25
165:23 166:3
168:12 174:14
176:5,15,17 196:10
197:24 202:15,21,
23
B
back 125:4,6,11
147:16 155:3
157:17,20 163:16
172:15 181:19
188:9 198:10
202:2
backdrop 157:9,
10,12,20
background
189:11
backroom 205:20
backyard 152:14
198:3,7,9
badly 128:19
bag 181:11
bar 165:17195:2,7
based 131:8
137:23 140:19
142:14 143:8,22
152:1 169:3
197:25
basically 150:18
156:3 189:12
behalf 162:9
205:22
behavior 157:7
192:18
belief 141:5,6
beliefs 182:14,15,
16
believed 197:1
belittling 176:3
board 204:8
boat 146:16,18
148:21 149:1
153:14 199:8,9
200:6,13 203:23,24
Bob 194:21
Boca 170:16,17
boundary 145:4
146:17
bracket 144:16
brain 186:7
break 154:21
157:11201:22
Bridges 204:11,12
206:4 207:9
bring 141:16
148:14,16
Broeker 173:9
brought 149:17
151:3 160:15
198:2,6 206:1
budget 157:5
building 126:17
151:19 152:23
153:7 157:25
158:2 161:14
175:20 181:23
184:10
buildings 170:15
bureaucratic
157:2
business 145:16
186:4,11,19 187:4,
8,12,17,18,19
188:4,7,8,10,23
189:4,14,16,17,23
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: ahead -cases
businesses 189:1,
2,18
C
call 130:4 171:18
174:12,18 175:2
176:8 181:5
called 129:25
148:10 163:6
169:10
calling 139:1
calls 128:7,9
canal 199:9
canceled 161:8
capacity 192:12,
14
care 143:5
careful 196:5
caricatures 199:9
cartoon 200:7
cartoons 199:17,
24
case 128:12,13,14,
16 137:20 138:15
140:9 145:1,3
147:20,21 148:24
149:7,8,23 150:4
153:10,11,14,15
154:16 158:6,7,21
160:7,9,14 163:13
165:24 168:23
175:8 184:25
188:21 191:10,16
197:22 198:2,
199:8 200:1,25
203:8,19,21,23
206:15
cases 132:20
133:15,19 135:10
137:3,19 138:14
150:7,11,12,22
151:3,5,6,10
153:19 154:3
155:21 193:11
196:6 198:13
200:16,18,19,21,24
201:6,8,11
cetera 174:22,23
change 162:21
changed 181:17
character 200:7
characterized
133:7
charges 128:24
check 182:3,5,8,
12,18,19 184:2
children 199:17
christopher 162:8
167:20 171:7
203:16
cite 195:7
cited 150:9 184:10
196:15
city 151:22 166:2
168:11 171:22
civil 148:6
claim 193:17207:4
Claims 174:21
clear 132:4 147:13
160:21200:14
clerk 169:7
client 189:9 194:20
195:4,9,10 203:7
clients 195:3,8,12
close 171:3 206:25
207:2
closely 154:18
185:20
closer 183:7
Coastal 143:13
code 127:13129:4
151:6 152:2
160:25 163:23
167:25 184:10
188:17,20 189:21
192:3 197:15
203:24 205:23,24
206:7,15,22
comment 138:8
202:16
comments 181:10
202:20,23
commission
205:14
commissioner
128:17 151:9
188:5,22 206:5
207:6
commissioners
204:8
communicated
194:3
communication
194:7
communications
133:1,4 194:22
company 187:10
188:2
comparing 185:10
comparison 196:6
complained 207:9
complaints 135:7
complete 196:20
compose 178:25
computer 146:3
concern 158:1
175:8
concerned 152:20
159:17
concluded 207:17
conclusion 192:4
conducted 161.•21,
23,24
conference 133:7,
21 138:3,7,24
139:10 140:20
142:3 186:9
194:12,18
conference/
mediation 132:23
Conferring
194:25
confidences
185:13 186:1
confidential
133:22 139:12,15,
21 141:3 142:22,24
143:10 190:16
confidentiality
137:25 193:8
conflict 200:15
conflicting 195:14
confused 160:16
163:8,24 171:10
conscious 127:5
constructed
175:10
consult 127:9
consulted 149:12,
15
contacted 126:12
127:18,21 176:7
contained 137:22
contend 175:9
content 125:17,20
126:4 130:2 137:1
contents 126:10
134:1,137:24
continue 173:17
continued 125:1
139:6
contradicts
160:24
contributed 205:9
conversation
126:11 130:3,17,23
141:25 153:1
155:15 185:16
191:20
conversations
125:10,14,20,22
126:1,8 127:22
128:4,21 130:5,25
142:12 185:15
187:14 188:3
189:10 190:20
191:18
conveyed 194:20
cooperation
181:21
copied 140:13
170:5,11 173:14
copies 167:8
copy 127:7129:16
168:21,25 183:23
207:16
correct 129:9
139:15,19 152:11
168:6 171:4 172:3
174:21 179:25
181:5 201:6
council 141:14,15
164:1
counsel 138:18
140:5,9 151:12
154:3,15,16 167:5
169:22,23,25
171:11 184:25
188:14
county 207:6
court 147:1,2,3
148:18,19 203:11,
13
courtesy 169:21
cove 146:17
covered 138:25
149:20
CROSS 203:16
current 144:3,5
150:13 195:3,4,8,
12 203:5,8
D
date 128:21 148:17
164:11 171:14
178:15 183:13
185:11
dated 162:6164:9,
10 167:4,23 172:15
173:24 174:12
dates 177:11
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: cetera -dictated
day 145:20164:9
165:3, 166:15,17,
20 171:16,17,
180:21 181:6,24
183:18
days 169:16185:1,
12
deal 151:4
deals 195:8 205:20
decision 206:14
defend 141:4
198:1
defendant 140:17
143:18 146:19
159:14
defendant's 162:2
167:1,13 174:1
define 135:3
definition 202:19,
22
degree 181:21
demanded 196:6
206:8
denied 146:20
147:6 151:19
152:8,10
denying 146:25
deposed 196:24
deposition 131:3,
12 136:18 175:1
182:15 197:4
207:17
depth 189:9
describe 200:11
description
200:10
designed 175:10
designer 188:8
Designs 187:22
detail 191:8
details 127:5153:1
dictated 166:10
178:8
dictates 147:15
dictating 175:17
176:24
Digby 204:11,12
206:4 207:9
directly 182:8
disbarred 179:10,
12
discharge 147:14
disclose 134:21,23
discovery 151:1
194:23 196:20,23
discuss 134:12
discussed 125:9,
13,20,21,23 126:17
128:1 132:19
135:1,2 139:11,14
142:4 149:16
187:14 189:9
discusses 202:16
discussion 132:19
139:5 141:16
197:15
discussions 141:9
152:16 185:14,16,
18,19
dispute 203:1,2
disqualification
153:17 156:18
disqualify 153:11,
13,18 154:2 168:24
169:2 196:23
distinction 158:15
distinguish 149:5
divulge 133:25
134:10 191:17
divulging 134:2
137:24
document 139:3
141:22 165:1,3,24
179:21 185:3
documents 159:13
173:21
doubt 173:21
draft 166:15
181:18 183:20
drafted 166:14
172:12
drawing 199:17
Drive 126:16
127:17 188:16
due 204:5
duration 126:6
E
e -mails 140:13
earlier 126:17
161:5
east 170:14,17
Edwin 165:16
169:22 178:15
effect 132:11 157:6
elected 150:17,20,
21 199:25
electronic 145:8
eliminate 169:17
Emmett 126:19,21
127:3,10,15,16,23
128:7,9,12 129:5
158:7 188:18,21
189:22 197:15
employees 157:6
enchilada 191:7
end 192:5
ended 159:16
191:7
enforcement
168:1 197:15
205:24 206:15,22
engaged 155:22
185:14 188:24
entered 163:7
183:17 206:7,23
entering 137:18
138:13 139:18
140:7
entire 159:23
entities 187:15,17
entitled 146:24
198:3 199:4
entity 155:23
156:20 184:8
187:11,13,15
evidence 163:4
196:1 197:9
evolving 185:21
exact 144:10,12,20
148:17 153:1
181:20
exchanged 131:11
exclusive 135:3
executed 162:13
180:15
Exhibit 129:17
142:10 162:1,2
166:24 167:1,13,17
168:11,22 172:14,
19 173:22 174:1,6,
8
exonerated
128:25
expand 143:12
expect 157:7
experience
137:21,23,25
138:18 139:25
140:1,24 141:7,24
143:12
experienced
172:2
explain 184:15
F
fabricated 166:3
face 191:23
fact 145:1 155:16
156:18 169:4
faith 197:2
Index: dictates -get along
falling 157:8
familiar 171:12
father 136:16,20
favoritism 205:20
feather 181:12
February 205:2
federal 147:2,20
148:3,4 156:9
fees 183:10
felt 155:25 159:19
189:8
file 145:8153:10,
13 154:12 186:13
197:4 206:15
filed 140:8,141:17
143:19 153:18
154:2,12,19 156:17
196:22 197:1,2
200:16,25 204:22
final 179:21
finalized 165:4
183:21
fine 154:23 204:14
finished 201:22
fire 147:9149:18
firearms 147:7,12
149:19
tired 206:21
firm 134:15135:6
149:13 150:6
154:2 167:5,20
169:23,24,25 170:2
171:4,7,10,11
184:13
five- minute
201:21
fix 157:10
fixes 157:12
floating 200:8
Florida 135:21,23,
24 136:3,4,152:13
165:17 180:2,6,15
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
flower 170:16
171:1,2
follow 203:18
force 152:19,21
forgotten 150:10
form 168:13
170:19 175:23
176:13 179:22
184:19 185:2
186:21 198:11
199:19 201:3,12
204:17 205:5,8
206:3,12
formal 178:22
formally 146:9
169:18
forthcoming
140:17 142:19
143:18
Friday 172:5,6,8,9
173:24 174:14,15
175:16 176:23
177:1,2,3,9,21
178:2,6
friend 157:23
206:6
friendly 192:16
front 138:10
future 173:3
181:22
G
Gail 204:11,13
206:6
Gary 169:11175:1
206:18
gave 129:3 159:9
182:5,8,12,17,19
183:2 192:20
gelling 178:22
general 136:9
195:15,16
George 204:10
get along 204:12
Giovani 149:4
give 130:11
144:10,12,20 152:2
153:24 167:8
182:3 206:11
giving 130:20
137:1 187:9
189:18
glad 132:10
go- between
133:19
good 132:9,10,11,
17 197:2 207:15
government
155:23,24 156:3,5,
20
government's
157:5
GPS 145:5,6,7
granting 174:24
great 191:1
grounds 194:16
Grove 187:22
189:2
guaranteed 147:7
guess 130:22
152:10 181:15
192:20
Gulf 137:19
138:13 139:19
140:18 142:20
143:1,19 144:4,6,8,
19 147:23 156:8,
17,23 186:16
193:4,16 195:15,20
197:17 198:5,24
200:15,22 201:1
gun 147:13,14,15
198:3,7,9
guns 152:14
guy 191:1
iJ
hac 135:8,10
hair 179:8
hall 131:3 164:15
165:12,14 1662,9
168:11 171:22
181:9 199:22
hammer 181:12,
14
hammered 181:9,
12
Hancsak 169:7,
170:8,9
Hancsak's 169:10
hand 129:16
191:23
handled 205:17
handling 149:8
150:5
hands 131:20
132:10
Hanna 132:2
134:6,8 137:11
141:8 142:4 143:2
149:3,19 150:4
158:25 166:6
167:10,12 168:13
169:8 170:9,19
172:17 173:3,20
175:23 176:13
177:9 179:22
184:19 185:2,7,24
186:21 190:17
191:11,17 193:7
194:4,14,17,25
198:11 199:19
201:3,12,14,
203:17 204:20
205:6,10 206:9,13
207:11,14
Hanna's 185:22
happened 130:1
172:8,9 195:20,21
197:14 200:2,9
happening 197:16
hard 162:25
he'll 186:24 207:14
head 148:23
204:19
health 190:8
healthcare 130:22
hear 135:15 139:5
150:1 180:7
heard 138:19
140:20 143:9
194:13 195:5
hearing 161:1,2,8,
16,18,20,23,24
162:9,12,17,18,19,
22,23 163:4,6,7,9,
11,13,20,22,25
165:3,4,15 171:18,
20 173:17 203:24
204:3,4 205:24
206:23
hearsay 142:14
143:5,8 194:7,10
Heath 129:24
190:4,9,15,21,24
191:3,21 192:9,12
Herman 165:10,
11
hesitate 160:13
highlighted 202:5
hired 141:16
history 186:5,12
188:5 190:4
hold 179:10
Holdings 188:10,
15 189:5
honest 186:25
hope 150:9172:24
hour 125:8
house 147:10,16,
25 153:4 180:19,21
181:7,8,25
I
idea 160:10186:9
identical 157:1
identification
162:3 167:2,14
174:2
III 165:16
imagine 199:4
Important 157:3
improvements
126:16 152:6
Improving 127:17
Inappropriate
205:22
incident 152:22
Incidental 197:13
incidents 192:19
include 193:18
included 135:1
158:4 160:2,18
161:15 188:4
202:10
including 134:6
137:19 138:14
165:9
incorporated
162:14
Information
138:16 139:23,24
140:4 141:13,23
145:15 186:2
informed 193:3,
15,23 194:9
informing 193:6
initial 189:10
inside 152:24
181:22
inspection 126:15
inspections
181:22
instance 201:20
instances 204:15
instruct 137:12
143:2 194:14
instructing
191:11
intend 155:16
Intended 174:24
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: Giovani -Jonas
interest 195:3,14
200:15
interests 159:19
intertwined
204:24
intimidate 174:24
Intracoastal
170:16,18 171:1
investigation
128:2,23 151:7
206:8
involve 202:25
2032,6
involved 149:13
156:19 187:11
207:8
involves 141:9
Involving 151:7,8
197:22 198:9,25
199:1200:6
203:23
issue 130:6148:12
175:11 190:8
issued 175:21
176:11
issues 141:5
185:20 189:6
191:7,24 200:11
204:23 205:16,
206:19
issuing 127:17
J
January 204:9
205:2
Jeff 207:6,9
Jersey 136:6
joke 131:25
joking 132:1
Jonas 164:16,19
165:1,7,16 167:5
168:11,18 169:4,
22,23 172:15
173:7,11 174:19
175:13 176:9
177:24 178:15,25
179:2,4,5,11,15,16
181:1,5,16 182:3,6
184:12,24
Jonathan 134:19,
23 135:5 136:13,15
137:2 149:24
judging 182:23
July 194:18
June 204:9
K
Kaleel 173:23
204:11
Karen 169:6
Ken 204:10
Kenneth 173:23
kind 132:17
King 129:24190:5,
9,15,21,24 191:3,
21 192:9,12
knew 141:1,3
179:19 193:22
196:13
knowing 181:11
knowingly 159:20
knowledge
142:15,17,20,25
143:9 186:3,10,19
187:3 189:15,19,24
190:2 191:5
197:19,21200:3
Koons 207:6,10
L
language 185:22,
23
Looker 165:8
169:12 170:8
206:18,19
Lanker's 175:1
large 157:5
lasted 184:13
late 157:21
law 134:15 149:13
150:6 152:13
156:20 196:13
201:1204:23
206:24 207:1,3
lawsuit 129:4
148:1,2,7,9,11,14,
16 149:25 151:7
153:3 158:4,13,19
159:9,14 160:3,11,
12,14,18,20,23
161:15 188:18
200:6 204:22
205:1
lawsuits 146:11
148:9 186:14
lawyer 142:9
148:20 161:8,9,11
170:2 171:11
192:12,14,19,21
196:7,198:15
200:23 203:6
lawyer's 142:11
155:13
lawyer- client
190:12
lawyers 148:25
149:11
leads 183:6
learn 140:12
learned 138:3,21
139:17 140:11
186:15
legal 129:14 130:9,
10,11,132:20
133:2 135:13,16,25
136:13 137:2,5
183:10 185:20
190:6 191:9,16
195:22 202:10
203:1,2,5
letter 167:4,6,25
169:12,13 171:5
172:15,20 173:7
182:24 185:10
letterhead 170:3
life 188:4
likes 185:24
limited 200:10
Lisa 165:10,11
litigating 147:18,
22
litigation 127:4,
10,15,23 144:4,5
146:12 147:4
150:14 151:12,14
152:8 196:3
197:11,12
living 175:11,12
186:10
LLC 184:3,5
locks 175:9
long 185:14,16,19
204:4
looked 160:6,8
171:14
Lou 149:4
U]
made 128:24
140:11 144:19,23
145:20,22 153:16
175:3 181:5
194:19 206:10,14
207:3
magistrate 161:1,
3,16,18,21 163:6,
10 169:15
magistrate's
183:17
main 175:8
maintain 151:21
make 132:4141:21
152:6 158:14
167:12 168:9
179:24 200:14
manager 147:6
164:16,20 174:11
206:17
manufacture
187:24
March 131:5
mark 150:3 162:1
166:23 173:22
marked 162:2
167:1,13 174:1,5
Martin 134:18,20,
21
master 168:1
matter 129:13
133:2 176:7
195:20,22 200:20
203:5 204:7
matters 126:12,13
137:2,3,5,7,8,9
143:25 144:1
146:13 151:12,15,
18 155:5,10 157:24
158:1,4 159:9
160:2,18 161:12,
14,15 202:24 203:6
mayor 173:23
175:6 177:21
204:10 207:7
means 135:7170:1
175:7 177:23
194:10 202:17,20
203:12
meant 201:7
mediation 133:9,
23 138:3,7,19,22,
23,25 139:2,7,9,10
193:21
medical 190:3
meet 135:13,21
178:11 197:18
meeting 133:13,
17,18,22,25 134:1,
24 135:2,3 137:25
139:14,17,21,23
140:2 141:3,15
142:24 143:10,20
164:3 165:5,6
175:13 177:24
179:16 184:1
186:8 190:16
193:22 194:18
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: Jonathan- motion
meetings 125:11,
14,23 141:14 149:5
memo 173:22
174:12 202:10
memory 131:17
169:3 178:22
mental 190:7
mention 158:12
mentioned 143:13
149:22
merits 132:19
Mesa 149:4
met 135:22,24
136:12 148:24,25
151:8 178:1,7,12
194:21
mind 130:15
150:17 172:21
183:4 185:3
mine 185:25
mischaracterizati
on 184:20
misleading 160:17
Mister 135:17
176:6
modified 181:14,
17
modify 178:24
moment 172:23
Monday 168:4,8,
10,18,19 171:21
172:9 173:25
175:13 178:4,12,13
180:9 183:12,15,25
money 126:18
183:6
month 205:25
months 129:21
Morgan's 131:3
motion 136:24
137:16 138:2
139:24 140:8
141:18 153:11,13
169:2 195:24
196:8,16,22 197:1,
5 202:4,10
motions 153:18
154:2
move 186:22
199:19
moving 196:1
197:7
multiple 154:2
192:10
mutual 157:23
IU
named 159:18
160:12,22 170:2
Nast 199:21
necessity 169:17
neighbor 160:15
neighboring
158:5,9,16,19
159:10 160:3,19
Nicoletti 164:17,
19 165:7 166:9,14
167:5 172:15
173:16,23 174:11
175:15 176:7
177:21 178:1,8,11,
23 179:19 181:2,5
183:20 184:24
185:10
Nicoletti's 176:18,
23 177:14,17
181:18
nodding 204:19
nonetheless
175:11
Note 205:5
notice 153:16
163:25
noticed 163:4
number 134:16
138:1 144:10,12,20
157:6 165:17
183:4
X
O'boyle 134:12,
15,17,18,19,20,21,
23 135:5 136:13,15
137:2 149:13,24
150:6
O'hare 125:6
157:19 162:9
167:20 169:14
171:8 172:21
180:4,22 186:7
203:16
O'hares 165:17
178:16
oath 131:24
166:11,12 186:18
object 137:11
141:8 168:13
170:19 175:23
176:13 179:22
184:19 185:2
186:21 190:17
193:7 194:14
198:11 199:19
201:3,12 204:17
205:8 206:3
objection 158:25
166:6 191:11
205:5 206:12
occurred 125:18,
24 129:11 154:10
193:20 195:16
198:10
Ocean 152:4
156:6,22 157:25
158:2,5,10,17,20
159:11 160:3,19
169:7 171:18
173:19,21 176:11
180:2,5,14 188:10,
12,14,23 189:4
195:21 197:13
201:20 207:7
offense 199:20
offer 194:4,19
196:1
office 132:23
133:3,6,14136:4,5,
7,8 164:18 170:22,
23 171:3 175:17
176:18,24 177:15,
17 182:21 186:8
191:22 193:19
197:14
officer 147:24
officials 150:17,
20,22 199:25
ongoing 128:13
open 140:12,14
147:9
opportunity
146:2
opposed 199:17
order 162:1,5
164:6 168:22
169:14 185:5
originally 175:10
ornaments 187:25
out -of -state
135:14,19
outbursts 192:22
outstanding
133:15
owned 158:10
184:8
owner 158:5,16,19
159:11 160:3,19
ownership 147:15
P
p.m. 125:3 145:21
146:1 154:24
155:1,2 157:13,15,
16 174:18 176:8
201:24,25 202:1
207:17
Pace 126:19,21
127:3,10,15,16,23
128:7,9,12 129:5
158:7 188:18
189:22 197:15
204:22 205:1
Pace's 188:21
package 173:19
paid 182:2205:12
Palmetto 170:15
paragraph
137:15,16,22
138:11 140:22
144:1 155:9
157:21 195:2,5,25
203:19
paralegal 172:22
parameters
147:14
Park 170:15
parse 136:1
part 142:22
181:16,21 186:22
parties 134:5
162:12
parts 130:15
135:18
party 128:16,18
134:10 158:12,16
160:10,14,19,20,22
196:1 197:8
past 155:14
Paul 173:23
pay 205:7,11
paying 159:16
pays 172:24
penalties 180:1
pending 126:11,13
150:7 156:16
185:7 193:11
196:3,17 201:11
Pennsylvania
136:9,10
people 134:2,4
165:6,9 166:16
178:19,20 190:15,
21,25
people's 157:6
performed 203:7
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: motions - plaintiff
period 204:21
perjury 180:1
permission
147:25
permit 127:17
151:19,21,25
152:2,3,6,9,10
175:20 176:11
188:19
person 206:10,14
207:3
personal 139:25
140:1,24 141:7,24
142:14,17,20,25
143:9 153:5 184:3,
5 186:1,3,4,5,12,
13,18 187:2,3
188:4 189:15,16,18
190:1 191:4,5
204:16
personally 133:11
193:5,6
Philadelphia
136:6
phone 125:19,22
126:1,8 127:18,22,
25 128:1 175:2,14,
19 185:15,18
photographs
206:5
phrase 155:5,6,7
physical 175:9
physically 161:9
164:3 180:14
pictures 152:24
Pineapple 187:22
189:2
place 162:17,18,
19,22,23 163:8
170:3 193:10
places 199:25
plaintiff 137:17
138:5,12 140:18
143:19 144:3
155:11 157:23,24
158:17,18,20
159:12 160:4,14,20
161:13 193:3,15,
17,24,25
plaintiff's 186:3,4,
5 189:15
planet 172:3
pleading 160:6,8
193:14
pleasant 131:17
pleasantries
131:11,19 132:3
pocket 205:21
pointing 196:3
police 126:15
147:24 148:1
152:19,21,23
political 157:2
199:11,12
pop 205:24
population 157:2
position 197:25
200:2
postpone 169:17
postponement
169:6,19 174:25
practice 201:1
precluded 198:5
predilections
186:5,13
predisposition
186:14
predispositions
186:6
premature
153:20,22
prepare 169:16
178:2
prepared 164:18
165:1,20 168:11,
19,23 175:15
177:22
preparing 140:16
141:1,3 142:18,25
143:18 176:19
presence 166:10
present 162:9
163:19 164:25
165:13 196:4
presented 162:13
pretty 128:18
192:23
previous 146:4
160:24 192:19
previously 135:2
178:20
primary 175:11
printed 166:15
prior 127:14
141:17,19 143:25
144:1 155:5,9,21
156:19 183:25
184:1 196:2,4,17
197:10 202:6
private 186:4,11,
19 187:4 189:13,16
privilege 137:12
138:25 191:13
194:17
privileged 139:6
186:2 194:23
pro 135:6,8,10
149:24
problems 134:25
204:16
procedure 139:9
proceeding 168:1
169:15,17
PROCEEDINGS
125:1
process 196:20
204:5
processes 175:17
processing 165:24
processor 165:21
proclivities 186:6,
15
properly 169:14
properties 188:12
property 147:17
158:5,9,19 159:10,
11 160:3 184:8
proposed 175:16
183:23
provide 175:7
177:23
provided 137:2
183:22
providing 130:8
public 133:19
137:9 144:18,23
145:2,20,22 146:5,
9 148:8 151:11,14
155:21 156:16
200:20
publicly 190:14
purporting
176:10
purpose 133:14
202:25
Pursuant 169:10
put 138:2139:22,
24 145:17 146:20
151:11 156:2
160:1 163:4
172:22,25 184:23
193:14 196:7
199:8,9,24 200:7
puts 200:4
putting 146:3
Lfl
qualified 189:9
qualify 188:9
201:5
quarter 126:6
128:10,11
question 125:12
137:4 146:7
158:22 159:2
160:16 163:8
168:14 175:24
Index: plaintiffs- referring
176:2 180:23,25
185:6,7 187:5
189:20 190:13
196:21203:10
questions 203:14
quotation 183:6
R
racked 186:7
RAEDER 135:8
range 147:9
rated 199:13
ratified 162:14
Raton 170:17
reach 175:14
read 127:6138:9
139:3 154:18
159:20,23 167:18
174:6,8 179:13
196:9,12 202:13,
14,21207:14
reading 155:8
realize 139:1
142:13
recall 125:10
126:2,14 127:24
128:6 129:15
130:24 131:1,19,
21,23 132:9,14
135:4,12 142:7
143:23 152:5
153:12 154:8
160:12 164:15
165:14 166:11
169:12 181:16
182:7,9,11,13
184:7 192:25
received 174:11,
18
recently 133:6
167:20 171:4,7
185:11
recess 155:1
157:15 201:25
recognition
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
132:16
recognized 131:13
recollected 127:1
recollection
162:16 164:23
168:16 175:22
179:11 180:17,18
181:8 182:1,17,20
192:8
recommend 190:4
recommendation
191:2 192:11,16
recommended
157:23 190:9,15,
21,24 191:3,21,25
recommending
191:8
record 125:4,7,13
133:19 140:9
144:7 145:25
154:3,25 155:3
157:9,14,17,20
159:12 163:7
183:17 200:20
201:24 202:2
records 137:10
144:18,23 145:2,
21,23 146:6,10
148:8,22 150:12
151:11,14 155:21
156:17
Red 179:8
refer 148:22
154:13 157:21
195:2
reference 144:1
162:14 167:25
174:10 194:6,7,11,
12
referenced 192:18
202:13
references 174:17
175:2
referred 161:5
169:6 191:24
referring 134:18
138:6 144:5
154:14 161:4
164:12 188:6
193:20
refers 141:9
refined 185:24
refresh 162:16
164:23 168:16
175:21
refusal 152:1
refused 148:11
173:17
regard 127:9
151:22 152:8,13
1532,3 156:16
163:23 165:24,25
166:3 188:1,14
189:7,13 192:18,20
198:2,6,7,16,23
relate 187:8
related 200:8
202:5,15,17,20,24
relationship
188:4
remain 139:12,15
remember 126:3
128:21 152:25
154:11,18 158:21
161:24 170:17,21,
22,23,25 171:2,3
179:2,4,5 181:10,
20 182:2 186:7
191:23 202:22
207:5
remembering
134:25
remove 152:6
renovated 157:25
repeatedly 159:12
repertoire 132:13
rephrase 176:2,5
represent 137:18
138:13 139:18
140:16 142:18
143:1,18 195:14
198:17,22,24
200:1,4,22 201:1,8
representation
155:22 156:19
184:12,13,186:16
190:6 196:2,17,18
197:10 198:1
202:6
representations
196:5
represented 135:5
143:14 144:2
146:14 149:22
150:21 152:7
155:10 161:17
187:10 190:7
198:15,18
representing
138:1 149:14
187:11 193:4,16
198:5 200:15
represents 134:15
136:16,20
request 145:21
146:10 151:12
155:21 169:6,10,19
requests 137:10
144:18,24 145:23,
25 146:3,6 156:17
require 156:18
research 179:14
resemblance
196:4
reserving 201:18
reset 204:4
residence 153:5
resolution 204:22
resolving 175:8
177:23
respect 132:5
Respondent 162:8
responsible
147:15
rest 195:6
restroom 154:21
result 205:1
retained 167:20
171:5,7 184:17
185:11
retainer 182:3
retract 180:24
reviewed 159:13
revocation 151:24
152:3 188:19
revoke 152:6
RICO 193:18
Ridge 152:4156:6,
22 157:25 158:2,5,
10,17,20 159:11
160:4,19 169:7
171:18 173:19,21
176:12 180:2,5,14
188:10,12,15,23
189:5 195:21
197:13 201:20
207:7
rights 148:6
Road 170:15
Robert 137:17
138:12 144:2
155:10 157:22
161:13 174:22
Roeder 134:8
149:4
roof 146:20149:7
room 181:20
rule 195:3,7,12
202:13,16,19,21,
23,25
S
safety 147:14
sale 195:14
SAT 153:23
Saturday 172:1
save 203:11,13
scheduled 168:1
203:24
scope 130:8133:22
143:12 204:18
screamed 193:1
screaming 192:22,
24,25
sculptural 187:24
secretary 169:5
seeking 154:15
send 145:25146:3
sense 168:9
sentence 138:11
140:21 155:9
158:18 159:20
195:7
separate 148:23
September 145:22
146:1 159:8
service 130:9,10
serving 135:17
set 175:14
setting 152:23
settle 133:14
settled 128:12,13,
15 205:2
settlement 126:18,
20,22,24 132:23
133:7,22 138:24
140:20 142:3
143:10,20 168:19
173:25 179:17
181:2 183:12,17,
19,23 184:22 185:1
186:9 190:20
193:12 194:4,6,12,
18,22 205:7,11,12,
13,17
shared 185:13
186:1
Shelley 162:9
shook 131:20
shoot 152:14198:3
shooting 147:9
198:7,9
shoulder 191:24
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: refers - social
show 161:25
166:23
showed 163:3
206:6
shown 171:15
sides 203:20
sign 176:24
signature 179:21
signed 133:21
139:3 141:18
149:15 159:21,24
164:19 165:9,11,13
166:16 171:17,22
172:10 178:4
179:1,3,17 180:4,9,
19 181:3,15 183:16
184:18,22 185:1
196:10
significant
156:24,25
signing 141:19
similar 144:3
146:13 147:5
150:13,15 154:13
155:5,11,17,20
156:2,23 195:18,
20,22 197:16
199:3,200:5,17
201:20
similarities 196:2,
16 197:10 198:8,12
199:6
sir 140:23143:7
153:25 161:11
162:7 164:8
167:18 171:13
174:4 182:17
198:23
sit 146:2 186:17
sitting 166:8
situations 185:21
size 157:2,5
small 157:4
smoothly 204:15
social 132:13
solar 146:20149:7
son -in -law 173:3
sought 151:12,16
188:14
sound 185:24
space 175:11,12
speak 148:11
154:17 191:25
speaks 185:4
special 161:1,2,16,
18,20 168:1 169:15
specific 183:5
196:1,16 197:9
198:8 199:6
specifically 126:1,
14 149:12 150:16
166:12 182:7,9,11,
13
specifics 187:10
189:18
speech 199:11,12
spending 183:6,10
spoke 130:3
131:19 169:5
189:7 191:14
spoken 136:2
193:11
staff 206:8
Stamos 204:10
standard 199:5
standing 181:19
206:11
standpoint 171:14
Star 143:13
start 189:14
started 151:1
178:25 199:21
state 128:2,20,22
129:7 135:17
146:24 147:1,3,7,
15,20,21 148:3,13,
18,19 149:18
150:19 151:6
156:9 193:19
197:14,18,20,23
stated 190:14
statement 138:5
141:22 143:7,21
166:13
statements
136:23,25
statute 146:24
147:7 148:13
150:19 156:9
stay 183:8
stick 182:24183:1
sticker 172:22
sticking 183:4
stipulation 161:25
162:5,13 163:5
164:6,7,9,17
165:19,25 166:10
168:19,22,25
171:18,22 172:9,11
175:7,16,18
176:19,24 177:22
178:2,5,8,24
179:17 180:4,8,15
181:3,9 184:18
185:1,12 206:23
stood 166:13
strategies 185:20
Stream 137:19
138:13 139:19
140:18 142:20
143:1,19 144:4,6,8,
19 147:23 156:8,
17,23 186:16
193:4,16 195:15,21
197:17 198:6,24
200:16,23 201:2
strike 156:14
186:22 199:19
structure 157:2
stuff 192:4
style 139:9 157:4
subject 128:14
133:2 136:17
137:8,9 163:11
subsequently
179:12 181:15
substantial 186:3,
19 187:3 189:15,
19,24 190:2 191:5
200:3
substantially
195:20,22 200:5,8,
17 201:19 202:5,
15,17,20,24
substitute 196:5
sue 175:19 176:9
sued 127:16
198:17 199:25
sufficient 190:4
suing 146:16,21,23
147:1
suit 159:19 203:5
suits 144:7
sums 156:21
Sunday 145:21
146:1 171:25
Sunshine 128:3
151:8 204:23
206:24,25 207:3
superficial 196:3
suppose 127:2
supposed 131:25
142:13,14 155:25
156:10
supposedly 206:6
surprised 131:13
surrounding
157:24 161:14
surveillance
152:23
survey 145:8,11
surveys 145:4,5,7
swear 143:15
155:16 158:18
159:8
swearing 143:17
166:8 194:9
Sweetapple 132:5,
134:7,11 137:9,14,
17 138:12 140:16
141:11 142:8
143:4 144:2
149:21 155:4,10
157:11,18,22 159:1
161:13 162:4
163:2 166:7 167:3,
11, 168:15169:9
170:10,20 172:18
173:6,9 174:3,22
176:1,14 177:6,10
179:23 184:13,21
185:3,9 186:2,23
187:1 190:18
191:15,19 193:3,9,
10,14,23 194:5,22
195:1 196:24
198:14 199:23
201:10,15,21202:3
203:13,20 204:17
205:5,8 206:3,11
207:13,15
switching 203:20
swore 169:2
202:11
sworn 143:6,7,21
150:11 156:2
158:21 166:11,12
179:24,25 180:13
system 146:20
systematic 147:25
11
tag - teaming
174:21
taking 152:24
175:1,20 196:22,23
talk 130:13 169:11
190:20 192:12
197:20
talked 129:20,21
131:8 133:10
158:6 183:10
185:15 188:22,24
189:22 190:19
talking 133:15
140:21,25 141:19,
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: solar - threaten
21 161:6 176:18
187:12 188:17
190:3 191:13
193:5,25
talks 195:13
Tammany 199:21
Telephone 191:22
telling 126:10
177:21 185:11
186:17,24 187:2
tells 175:6
term 163:24
termed 138:24
terms 125:9151:4
188:7 199:14
test 147:13
testified 125:18,19
178:20 185:17
testify 179:14
testifying 186:22
testimony 129:3
131:9 160:24
162:21 163:12,15,
16 166:2,11,12
179:24,25 180:13
181:24 183:8
therapist 130:18
therapy 129:24
130:12
thing 132:17156:4
159:5,6 179:9
199:22
things 132:11
138:1 143:14
157:7 197:13,16
199:3 205:22
thinking 183:3
195:11
Thomas 199:21
thought 132:16
152:2 182:23
threaten 176:9
204:3
threatened 151:24
188:19 193:18
204:1
threatening
175:19
Thursday 174:18
176:9,17 177:2,7,
11 178:5 181:4
time 125:3,21
126:5 131:2
132:22 141:17
154:21,24 155:2
157:13,16 161:6
162:25 165:20,23
169:1 173:11
176:6 184:23
187:18,19 189:1,4
197:2 201:23
202:1203:15
204:8,21206:20
times 136:12
192:10 204:14
today 125:13
175:14 182:15
186:17 187:20
told 137:20 143:3,
23 152:25 153:9
160:1 166:14
184:2,17 190:15,
19,21 194:8,10
tools 181:11
top 170:3 173:13
topic 152:17
topics 127:25
totally 166:3
town 127:16129:5
131:3 132:10
138:1 141:4,14,15
143:14 144:7,19
145:5,9,16 146:7,9,
12,16,19 147:6,22,
24,25 148:11,12
150:8,23 152:5
156:6,22,23 157:4,
5 160:25 161:7
164:1,15,16,20
165:12,14 166:9
169:7,176:11
181:9 188:5
195:11 197:13,
198:17,22 199:25
200:1,5,15,22
201:1,9 205:21
206:7,17
town's 146:17
175:11206:1
towns 157:1
townspeople
205:16
transaction
195:15 203:1,2,4
transactions
195:15,16
treated 133:21
139:6
trespass 146:16,18
148:1,20 149:25
150:2,3 151:15
152:19 153:3,10,11
trespassed 147:24
trespasses 152:21
trial 194:24
Tropical 126:16
127:17 188:16
true 171:5 199:7
truthfully 158:23
159:3,7
Tuesday 168:2
171:16 181:4
turn 154:17
type 137:7
typed 165:20
types 137:3
U
Uh -huh 168:5
174:13
unaware 188:2
underneath 139:9
underpinning
146:13 155:19,20
156:7,11,16
underpinnings
144:3 147:5
150:13,15,16 151:4
154:14 155:6,11,
12,17 156:1
understand 139:8
160:5 174:16
190:13 199:12
203:10
understanding
133:16,18
understood
133:13 139:8,11
unfair 200:4
usual 175:18
u
Varkas 131:24
132:3 137:8
149:20 157:8
162:25 173:10
175:24 177:5,8
194:16
verified 136:24
137:16 140:8
141:18
versus 155:23
156:3,5,6,8 157:4
171:10
vetted 189:8
violate 150:19
violated 193:17
violating 151:23
156:8
violation 127:13
128:3 129:4 151:6
152:2 161:1
163:23 175:20
184:10 188:17,21
189:22 192:3
205:24 206:7,24
207:4
violations 151:8
156:20 176:10
204:5,23
volunteering
130:13 190:11
voted 148:12
W
Wait 163:15
wanted 145:5,7,8,
17 167:12 174:25
waterway 200:8,
13
website 145:14,15,
18
Wednesday
172:19 173:16
177:5,12,14 178:5
181:4
week 146:4
166:17,20 175:19
176:6 180:21
184:13
weekend 178:7
183:11
weeks 173:20
wide - ranging
188:3
wife 161:7164:19
165:7 184:10
Wild 170:16171:1,
2
withdraw 185:4
word 155:12,13,14
165:21,24 175:17
181:14
words 142:9,10,11
181:20
work 188:1,21
203:6,9
worked 175:6
177:22 185:19
wrap 125:7
write 142:9,10
166:14
writes 183:21
written 126.22,24,
Debra Duran & Associates
Phone 561.313.8000 Fax 561.835.8586
Index: threatened- zoning
25 127:2 184:3
wrote 138:2169:4
181:1
Y
year 191:22192:1
years 131:9160:7
172:2 198:18
Z
Zeldin 170:8
Zeldin's 169:5
zone 126:6
zoning 127:12