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HomeMy Public PortalAboutPRR 15-1818Rita Taylor From: lou.roeder @gmail.com on behalf of Lou Roeder <lou @louroeder.com> Sent: Friday, March 13, 2015 3:54 PM To: Rita Taylor Subject: PUBLIC RECORD REQUEST - TRANSCRIPT OF MARCH 11, 2015 HEARING BEFORE JUDGE BLANC THIS IS A PUBLIC RECORDS REQUEST ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL It has come to my attention that Attorney Robert Sweetapple, representing the Town of Gulf Stream in the matter of Case No. 502013CA17717AA in the Circuit Court of the 15th Judicial District in and for Palm Beach County, Florida, has ordered and received this day a copy of the transcript for the below referenced hearing. Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes, I wish to make a public records request of your agency for the following records: Transcript of the Evidentiary Hearing before Judge Peter D. Blanc held on Wednesday, March 11, 2015 on a Motion to Disqualify Defense Counsel, in the matter of Case No. 502013CA17717AA - same requested in digital PDF format All responses to this public records request should be made in writing, first to the following email address: lou(a),louroedeccom . or in the alternative to fax number: 866- 610 -6090 If the public records being sought are maintained by your agency or your vendor in an electronic format, please produce the records in the original electronic PDF file format . the format in which they were provided to your vendor. See §119.01(2)(f), Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure, please cite the specific exemption as required by §199.07(1)(e) of the Florida Statutes and state in writing, and with particularity, the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of § 119.07(c) Florida Statutes and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the requested records are not all readily available, I will accept them piecemeal. I request that whichever records are readily available be provided to me immediately; and those other records be provided to me as soon as possible. If you anticipate the production of these public records to exceed $1.00, please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. If the records are requested in PDF format, and can be more quickly provided if delivered on a flash drive, then I will pay the reasonable cost of same. THANK YOU Louis Roeder 7414 Sparkling Lake Road Orlando, FL 31819 cell: 407- 758 -4194 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 16, 2015 Lou Roeder [mail to: lou @louroeder.com] Re: GS # 1818 ('TRANSCRIPT OF MARCH 11, 2015 HEARING BEFORE JUDGE BLANC) Transcript of the Evidentiary Hearing before Judge Peter D. Blanc held on Wednesday, March 11, 2015 on a Motion to Disqualify Defense Counsel, in the matter of Case No. 502013CA17717AA - same requested in digital PDFformat. Dear Our Public Records, LLC [mail to: records(nccommerce- eroup.coml, The Town of Gulf Stream has received your public records requests dated March 13, 2015. If your request was received in writing, then the requests can be found at the following link: http: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /41125/Pagel.asi)x. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records From: OConnor, Joanne M. [ mailto :JOConnor @jonesfoster.com] Sent: Monday, March 23, 2015 2:46 PM To: Lou Roeder (lou @louroeder.com) Cc: Kelly Avery; Robert Sweetapple; chrisoharegulfstream @gmail.com; Macfarlane, Mary Subject: Public Records Requests for 3/11 Hearing Transcript - PRR 1818 and 1820 Lou — Attached please find the hearing transcript — full of the 3/11 hearing, along with the word index. We also have a mini version. Please advise if you want that as well. I was out of the country last week and the transcript had not been forwarded to the Town before I left. Going forward, you might consider emailing me directly for this type of record. Regards, Joanne JONESFOSTER Joanne M. O'Connor :Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(a.,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Nest Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Page 1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502013CA017717XXXXMB CHRISTOPHER F. O'HARE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. VOLUME I OF II PLAINTIFF'S AMENDED AND SUPPLEMENTAL VERIFIED MOTION TO DISQUALIFY DEFENSE COUNSEL BEFORE THE HONORABLE PETER D. BLANC DATE: WEDNESDAY, MARCH 11, 2015 TIME: 9:37 A.M. - 12:37 P.M. Florida Court Reporting 561- 689 -0999 2eb2ce2a -866945aa- 9138- 22c28c143a83 1 2 3 4 5 III 7 8 9 102 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARING ON BEHALF OF THE PLAINTIFF: MARK J. HANNA, ESQUIRE GMM /MADISON P.A. PO BOX 3272 Palm Beach, FL 33480 (561) 223 -9990 LOUIS L. ROEDER, ESQUIRE 7414 Sparkling Lake Road Orlando, FL 32819 (407) 352 -4194 APPEARING ON BEHALF OF THE DEFENDANT: JOANNE M. O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 (561) 659 -3000. ROBERT A. SWEETAPPLE, ESQUIRE SWEETAPPLE, BROEKER & VARKAS 20 SE Third Street Boca Raton, FL 33432 (561) 392 -1230 Florida Court Reporting 561- 689 -0999 Page 2 2e b2ce 2a-866 9-45aa-9f3 8-22c28c 143 a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X CHRISTOPHER O'HARE PAGE Direct Examination by Mr. Hanna ...............27 Cross - Examination by Mr. Sweetapple .......... 115 Redirect Examination by Mr. Hanna ............ 130 SHELLY O'HARE Direct Examination by Mr. Hanna ..............132 Cross - Examination by Ms. O'Connor ............ 139 Redirect Examination by Mr. Hanna ............ 146 ROBERT SWEETAPPLE Direct Examination by Mr. Hanna ..............149 Continued Direct Examination by Mr. Hanna .... 158 Cross - Examination by Ms. O'Connor ............ 186 Redirect Examination by Mr. Hanna ............ 189 CYNTHIA BAILEY Direct Examination by Ms. O'Connor ........... 191 Cross - Examination by Mr. Hanna ...............197 Florida Court Reporting 561- 689 -0999 Page 3 2eb2ce2a- 8669 -45aa- 9138- 22c28c143a e3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 E X H I B I T S PLAINTIFF'S DESCRIPTION ADMITTED No. 1 Depo of Edwin Jonas 27 No. 10 Photographs 35 No. 4 Town of Ocean Ridge Minutes 45 No. 3 Town of Ocean Ridge Records 59 No. 12 Federal Suit 94 No. 5 10/14 - 12/14 Meeting Minutes 112 No. 8 Motion for Leave 113 No. 11 RICO Case #9:15 -CV -80182 115 No. 7 9/8/14 E -mail 174 DEFENDANT'S No. 1 Dapix Records 199 Florida Court Reporting 561- 689 -0999 2eb2ce2a-8669-45aa-9f38-22c28c I 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 BE IT REMEMBERED, that the following testimony and proceedings were taken in the above - entitled cause before the Honorable Peter D. Blanc, in Courtroom 11G, in the Palm Beach County Courthouse, 205 North Dixie Highway, City of West Palm Beach, State of Florida at 9:37 a.m., on Wednesday, the 11th day of March, 2015, to wit: THE COURT: This is O'Hare versus Town of Gulf Stream. We're here for plaintiff's amended and supplemental motion -- supplemental verified motion to disqualify. Counsel, let's start first with appearances. Counsel for the plaintiff? MR. HANNA: Mark Hanna and Lou Roeder, Louis Roeder. THE COURT: Thank you. And for the defendant, Town of Gulf Stream? MS. O'CONNOR: Good morning, Your Honor, Joanne O'Connor. THE COURT: Thank you. And -- MR. SWEETAPPLE: And Robert Sweetapple, Your Honor. THE COURT: Are you representing yourself Florida Court Reporting 561- 689 -0999 2eh2ce2a- 8669- 45aa- M8- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 in the motion, Mr. Sweetapple? MR. SWEETAPPLE: Yes. Well, actually I have Ms. O'Connor here as well. THE COURT: All right. As I understand it by your letter of December, it looks like, 16th, Mr. Hanna, you told me that you need two or three hours, six or seven witnesses, and you had a significant amount of documentary evidence to submit to the court. MR. HANNA: Yes, Judge. THE COURT: So my first question is has the documentary evidence been premarked? MR. HANNA: Yes, Judge. THE COURT: You've exchanged it and shared it with opposing counsel? MR. HANNA: Yes. It's pretty much -- some of the documentation has been created by opposing counsel. THE COURT: All right. So that will save us some time. And two, three hours -- this is based upon what you allege as Mr. Sweetapple's representation of the plaintiff in this case in conjunction with some action that took place between the plaintiff and the Town of Ocean Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- W38.22c28d43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 Ridge, was it? MR. HANNA: Yes. THE COURT: And that was in 1988, some -- MR. HANNA: 1998. THE COURT: 1998, some 17 years ago. MR. HANNA: Yes, Judge. And there's been some other contact between that time. THE COURT: All right. And the representation, as you described it in your motion, had to do with the plaintiff's ownership of an apartment building, some effort to do some renovations on the building while at the same time he was the town commissioner? MR. HANNA: Yes, Judge. THE COURT: Okay. Anything you need to tell me by way of opening statement? MR. HANNA: Yes, Judge. Basically what the Court's going to see out of these two instances, the 1998 case at Ocean Ridge, Mr. O'Hare was a city commissioner in Ocean Ridge and he and his wife purchased a building, an apartment building, that they renovated in 1996, 1997. A neighbor filed suit against the Town of Ocean Ridge. Mr. O'Hare wasn't a party to that suit because they -- the other litigant Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- W38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was alleging that permits shouldn't have been -- shouldn't have been given. That case proceeded to trial. At one point Mr. O'Hare was aware of the litigation, and one of the results that possibly could have happened was that the permits could have been revoked and all the money that he put into the renovations would have been -- had to be ripped out and he would have lost that money and possibly spent more money in fixing the apartment building. At that point, that's when he contacted Mr. Sweetapple in late 1997. That case never -- it ended up settling in January 1998. There was a commission meeting on January 27th, 1998 where the commission approved it. Mr. O'Hare abstained from voting. After that, the case wasn't over. Neighbors came in and they were upset and alleging that Mr. O'Hare abused his position to get the settlement. Mr. O'Hare paid $10,000 out of the settlement and the Town of Ocean Ridge paid $85,000. So the neighbors were upset that Mr. O'Hare only had to pay $10,000, that he abused his position. There were some Florida Court Reporting 561- 689 -0999 2eb2ce2a .8669-45aa- W38.22c28043a63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 animosities with some other commissioners and town staff at that point for what he was doing with the commission. In March 1998 the town inspector did an inspection of the apartment and cited Mr. O'Hare for a code enforcement violation alleging that people were living on the second floor where they weren't supposed to be living. That's when Mr. Sweetapple got involved with Edwin Jonas. Mr. Sweetapple handled the code enforcement hearing. That was successfully resolved with a stipulation in April 1998, April 14th, 1998. After that, however, some individuals in the town that had some animosity towards Mr. O'Hare filed Sunshine Law violations. Mr. O'Hare was going through several personal matters in his life that he talked to Mr. Sweetapple about, and Mr. Sweetapple referred him to a psychotherapist, Dr. Heath King. Mr. O'Hare treated with Dr. King and there was some -- one particular piece of information that he shared with Mr. Sweetapple that -- THE COURT: He who? MR. HANNA: -- he did not wish to be made Florida Court Reporting 561- 689 -0999 2eh2ce2a 86G9- 49aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 public. THE COURT: When you say he, he who shared? MR. HANNA: Mr. O'Hare. THE COURT: Okay. MR. HANNA: Shared with Mr. Sweetapple that he found out and that he does not wish -- he knows that Mr. Sweetapple has that information and he does not wish to make that public. Mr. Sweetapple also threatened the town with civil rights violations, defamation actions against the commissioners that had caused him problems. At that point, around April -- I'm sorry, around August 1998 the Ocean Ridge matter sort of slowed down and eventually Mr. O'Hare decided not to pursue anything further. He talked to -- he consulted with Mr. Sweetapple for a matter with Boynton Beach in 1999. There was no formal engagement, just he sought advice. Also he consulted with Mr. Sweetapple again in 2005 and 2006 for matters involving the Town of Gulf Stream. One of them was his -- a screen enclosure on his house had Florida Court Reporting 561- 689 -0999 2eb2ce2a -86 69- 45aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 been destroyed by Hurricane Wilma and the town did not give him a permit to rebuild it. He consulted with Mr. Sweetapple. Mr. Sweetapple told him just to build it and see what happens. So that's what he did. There never -- the town never did anything after that. Now, fast forward to approximately 2011, 2012. Mr. O'Hare had -- the current litigation that he's involved with the Town of Gulf Stream involved a police officer coming into his house regarding supposed work that was being done without a permit, which wasn't true. The officer came in and made some racial comments, that Mr. O'Hare complained, called him Barney Fife, and from then on the retaliation from the town escalated. Mr. O'Hare currently has -- and he began doing public records requests for information relating to the officer, also for the code enforcement violations that the town was threatening him with and other actions that the town were instituting against him. He ended up filing a federal civil rights case. He has also multiple public records request litigation pending. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86694 6aa- W38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 He has -- the town is suing him for trespass and for an injunction to stop him from a protest vote that he has in the Intracoastal. He also has -- he applied for a permit to have a ballistic backstop put in his backyard so his son could shoot his crossbow. The town denied that. That's currently in litigation. Also Mr. O'Hare has a suit concerning a solar roof that the town also denied him. These two cases involve action. It's not just a single issue where Mr. Sweetapple is involved with handling just a simple public records request, just as in 1998 he wasn't just involved with the code enforcement. There was a lot more going on behind the scenes and a lot more litigation that was involved at that time. Now, Mr. Sweetapple became involved in the case in February, March 2014. There was a deposition set for Scott Morgan who was elected the mayor. Mr. Sweetapple appeared and represented Mr. Morgan during that deposition. After that he was hired by the Town to handle all the litigation involving Martin O'Boyle and later we found out Christopher O'Hare. During the course of that, Mr. Sweetapple filed a Florida Court Reporting 561- 689 -0999 2e62ce2a- 866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 notice of appearance in one of the public records cases. There were approximately about 15 to 20 public records lawsuits that were pending at that point. In July 2014 Mr. Sweetapple began talking about a civil RICO case that he was going to be filing against Martin O'Boyle and also threatened to involve my client, Christopher O'Hare. Eventually at that point Mr. O'Hare realized that Mr. Sweetapple was not there -- was definitely taking actions against him and he filed the motion to disqualify Mr. Sweetapple. That's where we stand today. Again, Your Honor, these two cases, the underlying themes are retaliation. The Town -- in 1998, Town officials and residents of the Town were taking actions against Mr. O'Hare regarding the renovation, the remodeling of his house or his apartment building. Currently with the Town of Gulf Stream, the town officials, they've taken several actions denying permits that other people have gotten. He's gotten code enforcement violations threatened, and there's also -- the biggest thing is the civil RICO case related to his Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- W38.22c28c743a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 actions against the Town. Mr. Sweetapple is the lead counsel for the Town in the RICO cases and also the counterclaims, one of which has been filed, a motion to amend in this case. Thank you, Judge. THE COURT: Just one question for you. I'm unclear on your reference to what I believe you had said was a 2011 or 2012 federal civil rights case. MR. HANNA: Yes. THE COURT: A pending injunction request by the Town of Gulf Stream, a ballistic backstop denial for Mr. O'Hare's backyard. MR. HANNA: Yes. THE COURT: And a civil suit regarding a solar roof. Was Mr. Sweetapple involved in that litigation at all? MR. HANNA: Not directly, Your Honor. He hasn't made an appearance. But it's all part of the civil rights case -- I'm sorry, of the federal RICO case and also of the counterclaims. THE COURT: That's all part of the federal RICO case, no civil rights? Florida Court Reporting 561- 689 -0999 2eb2ce2a-8669-46aa-W38-22c28 c 1 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 MR. HANNA: Mr. Sweetapple's handling the litigation -- spearheading the defense of the Town and also the offensive litigation against Mr. O'Hare. THE COURT: I'm confused because I asked you if he was involved in this and you said not directly. MR. HANNA: Yes, Judge. Well, he's involved in those cases, yes. THE COURT: Is he the attorney of record? MR. HANNA: He's not the attorney or record, no, Judge, but he is controlling the overall litigation by the Town in these -- in these other suits. THE COURT: He's controlling the litigation? MR. HANNA: Yes. THE COURT: But he's not attorney of record? MR. HANNA: No, Judge. THE COURT: And you're going to establish that how? MR. HANNA: That he's controlling it? THE COURT: Yes, sir. MR. HANNA: Based on testimony from my Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- V38- 22c28c 1 47a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 client and representations from Mr. Sweetapple. THE COURT: And so this particular lawsuit, Mr. O'Hare versus the Town of Gulf Stream, is litigation over a public records request? MR. HANNA: Yes, Judge, a single litigation. THE COURT: Are there any counterclaims pending? MR. HANNA: No, Judge. There's a motion to amend to bring in a counterclaim. The court previously granted one in another case. THE COURT: And that was brought by Mr. Sweetapple? MR. HANNA: Yes, Judge. THE COURT: Okay. And that hasn't been heard? MR. HANNA: No. THE COURT: Thank you. Ms. O'Connor, do you care to make an opening, or Mr. Sweetapple, or both? MS. O'CONNOR: Mr. Sweetapple. THE COURT: Mr. Sweetapple. MR. SWEETAPPLE: If I may, Your Honor, may it please the Court. I have some charts here Florida Court Reporting 561- 689 -0999 2eh2ce2a -866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 just as a demonstrative aid as to what this case is about. If you don't mind, I'm going to start by talking about this case and then talk about my alleged relationship with Mr. O'Hare. THE COURT: Yes, sir. MR. SWEETAPPLE: This is really a very straight forward case. It involves the issue of whether or not my client has been unreasonable or failed to exercise good faith with regard to responding to a particular public records request that Mr. O'Hare made. And the date he made the request, Your Honor, was September 29, 2013. Now, what you're going to know and learn in this case about September of 2013 -- what was the date again? MS. O'CONNOR: 29th. MR. SWEETAPPLE: All right. So September 29th we have Mr. O'Hare -- what I've done is broken down Mr. O'Hare and Mr. O'Boyle, who are co- plaintiffs in cases. These are Mr. O'Hare's aliases, 44 of them, that he uses to e -mail to the Town public records requests. He actually sent an e -mail last week. We now know, he admits, he has 48 aliases. He uses Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669d5aa•9f38.22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 all types of names embarrassing residents of the Town and elected officials; Grown Orthwein instead of Joan, Scotty Morgan, Wyatt Burp, Prigy Hypocrites. So he's filed under at least 44 names that we know of. September 29th he filed 41 requests that day and on the 26th there were six requests, all filed by him. In conjunction, the O'Hare /O'Boyle -- and Mr. O'Boyle, we believe, has about 17 aliases, including his son and his son's law firm and other supposed not - for - profits that are bogus, in our opinion. What we actually are seeing happen in Gulf Stream, which was the epicenter of the scam that has now perpetrated the entire state of Florida, is that in 2013 Mr. O'Hare himself filed -- and this is just from August, Judge, 2013 -- he filed 237 public records requests and then in aliases he filed 208. This is a town with one clerk, a tiny little town in Florida. THE COURT: 237 and 208 were all filed -- MR. SWEETAPPLE: Mr. O'Hare's aliases. THE COURT: Just the Town of Gulf Stream in each one? Florida Court Reporting 561- 689 -0999 2eb2ce2a466946aa- 9f38.22 c28043 a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 MR. SWEETAPPLE: Just Gulf Stream, Judge. I'm only talking about Gulf Stream on this case. And I'm not counsel on the RICO case. I don't know -- I think it's pretty clear that Mr. Richmond is the counsel in that case. I did take a RICO seminar from Mr. Richmond when I got certified to be a certified civil lawyer in 1993. He lectured on it. But I don't purport to be telling Mr. Richmond how to practice law, and certainly nothing about RICO, and I'm not counsel in that case. So in 2014 Mr. O'Hare filed 230 requests as himself and 363 under aliases. To date as of 2015, himself 15, aliases 12. He employed -- he says Mr. Chandler was Mr. Roeder's paralegal. Mr. Chandler was also Mr. O'Boyle's head of his not - for - profit. But be that as it may, the only issue in this case is not Mr. O'Hare's prior litigation involving an apartment building he doesn't own anymore or a house he doesn't own anymore in Gulf Stream. This litigation is discreetly about whether or not this Court is going to find that this type of conduct is abusive and that this is a pattern of fraud that's designed Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- SU8.22c28c143aB7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 to create scam claims in order to generate legal fees, which is what I'm alleging in the answer affirmative defenses and declaratory judgment that I filed. That's in short. Now, when we get to me I can tell the Court that Mr. O'Hare came up to me at Mr. Morgan -- Mayor Morgan's depo and said nice things to me and said, oh, yeah, you represented me. And I looked at him and I had no idea who he was. I said, oh, thank you very much, I appreciate it. I went back to my office and I said to my paralegal, who is here, apparently this gentleman thinks I represented him, I know I had one case in Ocean Ridge involving five or six people years ago, would you look through the pleadings. She looks in the pleadings and that's not him. So ultimately I go to the town hall in Ocean Ridge and I obtain documents that show that on April 7th a lawyer who was briefly of counsel to my firm wrote a letter for Mr. O'Hare. On April 10th there's a memo from -- THE COURT: What year? What year are you Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -46aa- 9t38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 referring to? MR. SWEETAPPLE: 1998. I'm sorry. THE COURT: '98, okay. MR. SWEETAPPLE: 1998. And I can tell the Court, and I'm going to take the stand and swear under oath, that I have wracked my brain, I have absolutely no recollection of ever seeing or talking to Mr. O'Hare prior to Mayor Morgan's deposition, no recollection of him at all. But it's clear that on April 7th Mr. Jonas, on our letterhead, wrote a letter. It said of counsel. On April 10th there's a memo -- there are memos from Mr. Jonas and back from the town attorney, Mr. Nicoletti, that indicated that I made a phone call trying to obtain a continuance and threatening the Town with a lawsuit if they wouldn't give a continuance. Then six days later there's a stipulation that was signed apparently at town hall. It's signed by Mr. and Mrs. O'Hare, Mr. Nicoletti, and Mr. Jonas of my office. I have no recollection of ever being at town hall. Mr. Nicoletti has filed an affidavit. He'll be saying that he has no recollection of Florida Court Reporting 561- 689 -0999 2eh2ce2a- 8669- 45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 ever having met me, doesn't remember even talking to me, said from the memo I must have talked to him, but he never -- he says a tall, thin man came with the O'Hare's, which he believed was Mr. Jonas. Mrs. O'Hare says she was there. She doesn't remember me being there. Mr. Jonas says he thought I was there, but he's not sure. Mr. O'Hare says I was not only there, I was at his house, which Mrs. O'Hare says I don't remember him ever being at our house. So that's the only documents upon which my name appears anywhere as the letterhead and having made a phone call in a memo. Now, add to that the fact that I had our paralegal go through all of the court files in Palm Beach County to see if I ever appeared and did anything on behalf of Mr. O'Hare that somehow I had forgotten, no. I went through all of -- we went through all of our files, closed files, everything. Not one document have I ever prepared for Mr. O'Hare. That's what I do for a living is letters and pleadings. You know, I don't just consult with people, I'm a trial lawyer. So I couldn't find any. Florida Court Reporting 561- 689 -0999 202ce2a- 8669 -45aa- 9f38.22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 Then we got the idea to go look at our -- the system we used until recently called Dapix. And you'll be seeing those records. Dapix was our billing record. Any money that went into trust and the time that it was billed all would go into our computer to keep track of billing and financial records. It shows that on April 6th, I believe it is, the day before Mr. Jonas wrote the letter, that a number was assigned to Mr. O'Hare. Mr. Jonas's initials are given as the lawyer on the matter. There isn't one time entry ever entered, there's not one financial entry ever entered. And when I asked Mr. O'Hare in his deposition do you have any documents showing that you ever paid us, do you have a retainer agreement, do you have anything I ever filed for you, do you have anything I ever signed for you, he said no. Candidly, he's going to tell you he can't remember what we talked about. He thinks he was at my office three times. Mr. Jonas isn't even sure if I was at the initial meeting on the matter. I introduced him to Mr. Jonas and he's not even sure if I was at the original Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669-45aa- W38- 22c28043a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 meeting. Mr. O'Hare does not remember the specifics of any of these conversations. I have no doubt that Mr. O'Hare called me and got my name because when I took his wife's depo she mentioned the name of my brother's former girlfriend who referred me. He mentioned to me that I recommended Heath King, who is not a psychologist, not a psychiatrist. He's a -- he has a doctorate in philosophy. I talk of him as a life coach. He said I gave him his name. I told him at my -- at his depo, you can be assured that I have -- not only do I have no recollection of you, Mr. O'Hare, I have absolutely no idea what you and Mr. -- Dr. King discussed, I have no idea what it is you think I know about you. This is the first time I think I've ever been in litigation with someone who claimed to be a former client. If there was one iota, one scintilla of something that I knew about him that I thought would give me an advantage in any way, I would not represent the Town of Gulf Stream. But cases have to be substantially Florida Court Reporting 561- 689 -0999 2e62ce2a -8669- 45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 related. I was employed and working on this case for sometime, months and months, before he even raised this issue. There is absolutely no relationship. There has to be a substantial relationship. It has to -- I'd have to be attacking the work I did previously. That's the standard. It has to be material. THE COURT: I'll ask you to save the argument for the end. MR. SWEETAPPLE: I will. THE COURT: Anything else you want to say by way of opening? MR. SWEETAPPLE: No, Your Honor. Joanne O'Connor will handle the legal argument. THE COURT: Okay. Great. Thanks. MR. SWEETAPPLE: Thank you for hearing us. THE COURT: All right. Your first witness. MR. HANNA: First we have the deposition of Edwin Jonas. He worked for Mr. -- in Mr. Sweetapple's firm in 1998 of counsel. I have his deposition. We have agreed we're going to read excerpts of it, but we're going to introduce this into evidence. THE COURT: You want it in evidence? Florida Court Reporting 561- 689 -0999 2eb2ce2a .8669-45aa- W8.22c28c143a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 MR. HANNA: Yes. THE COURT: The entirety of the deposition? MR. HANNA: Yes. THE COURT: All right. We'll have the clerk mark it and she'll hand it to me. MR. HANNA: Co- counsel, Louis Roeder, will be playing the role of Edwin Jonas. THE COURT: Yes, sir. Do you have the excerpts highlighted? MR. HANNA: No, Judge. It's actually going to be much of the deposition. THE COURT: It's going to be much of the deposition? MR. HANNA: Probably most of the deposition. THE COURT: All right. Let's go ahead. MR. SWEETAPPLE: Your Honor, if he's going to read that much and I'm going to read the cross, you might as well just read the entire depo. We don't have to read it to you. MR. HANNA: I'd suggest -- THE COURT: If you want me to read the entire deposition as part of the record, I can do so. We can do that without taking the time Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 908.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 to sit here in the courtroom. MR. HANNA: That would be fine. I was going through it and there's chunks that aren't -- I'm actually surprised it was a concise deposition. THE COURT: The Court will confirm on the record that prior to ruling it will read the entire deposition of.Edwin Jonas taken January 13th, 2015. This is Plaintiff's Exhibit 1. MR. HANNA: Thank you, Judge. THE COURT: Do you have another copy of this by any chance so I can give the clerk the original? You don't have markings in there that I shouldn't look at? MR. HANNA: No, I just have my little sticky notes. THE COURT: That way I can mark it up if I choose to when I'm reading. (Plaintiff's Exhibit No. 1 was admitted into evidence.) MR. HANNA: Plaintiff would call Christopher O'Hare. THE COURT: All right. Mr. O'Hare, come Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866946aa- 908- 22c28c 143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 28 up, please, sir. Mr. O'Hare, would you face the clerk and raise your right hand, please. THEREUPON, CHRISTOPHER O'HARE, the Plaintiff, called in his own behalf, having been first duly sworn by the Clerk, in answer to questions propounded, was examined and testified as follows: THE WITNESS: Yes, I do. THE COURT: Have a seat up here, sir. Watch your step, please. MR. HANNA: Judge, Mr. O'Hare has a bit of a hearing issue. THE COURT: We tried to give him the aide that's in this courtroom. Apparently it wasn't working. Mr. O'Hare, can you hear me without the microphone? THE WITNESS: Yes. THE COURT: All right. If at any time you can't hear, let us know and we'll adjust. THE WITNESS: Thank you, sir. THE COURT: Go ahead. DIRECT EXAMINATION Florida Court Reporting 561- 689 -0999 2e62ce2a -8669- 45aa- 9f78- 22c28cI43a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 BY MR HANNA: Q Can you tell us your name? A Christopher Frances O'Hare. Q And where do you live? A 2520 Avenue O sew lay, Gulf Stream, Florida. Q And what's your occupation? A I am a sculptor. I make things like that for municipalities and governmental agencies. Q You're referring to the seal behind the bench? A Yes, the Bar relief sculptures. Q What is the name of your company? A One of them is Pineapple Grove Designs, another is Reef Sells (phonetic). We make artificial reefs for the county. That's basically my business. Q Do you make reefs for -- now, you say reefs. What kind of reefs are you talking about? R -e -f -- r- e -e -f? A Yes. Q Okay. A Fish habitat offshore structures meant to enhance the marine environment. Q And do you do that for other Florida Court Reporting 561- 689 -0999 2eb2ce2a -866945aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 municipalities besides Palm Beach County? A We do it for foundations, Palm Beach County. We're talking to Broward County. We're talking to some people in Hawaii. But it's not a business really. It's all done for free, donated. Q And where is your business located? A Boynton Beach, Florida. Q Are you married? A Yes. Q Who are you married to? A I'm sorry? Q Who are you married to? A Shelly Childers O'Hare. Q When did you guys get married? A About 35 years ago. Q Do you have any children? A We have a son and a daughter. Q What are their names and ages? A August is 16 years old, Reme is 15 and a half. Q Are those your natural children or are they adopted? A No, they were both adopted. Q When did you adopt Gus? A August 4th of 2000 -- of 1998 was his Florida Court Reporting 561- 689 -0999 2eb 2ce2a-86 69-4 5aa-9f38-22 c28 c 1 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 birth date, but we didn't officially -- it didn't become official until the court ordered it a year later. Q And what about Reme, your daughter? A She was born December 11th, 1998. Again, she was official a year later. Q Now, regarding those adoptions, did you have some kind of agreement with the birth mothers for those children? A We went through different processes to adopt. We finally ended up using an adoption attorney in Boca Raton, Charlotte Danciu, who arranged for birth mothers to conceive and we took care of their prenatal care. Q Had you tried adopting through agencies around that time also in 1998? A Yes, but most birth mothers rejected us for being too old. Q Okay. What about any agencies? A You mean like a Russian or Chinese agency? Q No. Any kind of official governmental agency? A No. These are all nonprofits. Q Now, back -- when did you move to Palm Beach County? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- 9f38.22c28cl 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 A I think 1982. Q And where did you live in 1982? A Delray Beach. Q And at some point did you move to Ocean Ridge? And what A Moved to Ocean Ridge around 1993. Q And at some point did you become a commissioner for the Town of Ocean Ridge? A I ran for the commission in 1996. Q And you were elected? A I was elected. Q What month of 1996 was that? A I think elections would have been in March. Q Now, in 1996 did you and your wife purchase a rental -- an apartment complex? A Yes. In addition to our business, we found a rundown property that we decided to invest in. Q And that was owned by you and your wife? A My wife and I both purchased it. Q And what was the address of that property? A 21 Tropical Drive in Ocean Ridge. Q And when you purchased the property, what kind of condition was it in? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86594 5aa- V38.22c28d 43x83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 A It was really rundown. There were overflowing septic tanks, broken jalousie windows. The occupants were mostly hookers and drug dealers. Q And when did you purchase that property? A About the same time I was elected, around Q I'm showing you what's been marked as Plaintiff's Exhibit 10. Can you tell us what this is? A Yes, I recognize this. Q What is that? A This is -- Q Is it a photograph? A You want me to describe this? Q Yes. A This is a picture of 21 Tropical Drive in the preconstruction stage when we had just added a few palm trees at the time. Q And how many photographs are there? A I have four pictures. Q Okay. Now, it's preconstruction. And then are there other photographs? What do the other photographs show? A Photograph number two and three are mid construction and number four is the preconstruction Florida Court Reporting 561- 689 -0999 2eb2ee2a- 8669d5aa- MB -22e28 UU87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 again. Q Okay. At what point was the construction finished after you purchased that? How many months did it take? A We were mostly finished by the fall of 1997 or mid 1997. Q And what did you do to those -- what did the apartments look like and what did you do to those apartments? A We completely gutted them out and changed the flat roof to a pitched roof, a 12/12 pitch, added dormer windows, copper trim, awnings. We tried to go beyond just making an investment property, but rather something that we and the Town could both be proud of. Q Now, those are photocopies of photographs? A Yes. Q Do those fairly and accurately depict the building you described? A Yeah, these are accurate. MR. HANNA: Judge, I'd ask to introduce that into evidence. THE COURT: Any objection? MS. O'CONNOR: No objection. THE COURT: All right. Without objection, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 35 No. 10 is admitted. (Plaintiff's Exhibit No. 10 was admitted into evidence.) BY MR. HANNA: Q Now, regarding those buildings, what was your intention after the construction was completed? What were you going to do with that building? A We were going to continue to own them and to rent them out. Q How many units were there? A It was eight units plus a studio. Q Okay. Now, after construction was completed, do you rent them out to tenants? A Yes. Q Now, you described that you added a pitched roof onto the building, you gutted it. Did you have permits for all the work that you did? A Of course. Q Okay. And those were issued by the Town of Ocean Ridge? A Yes. Q And did you get those before you started construction? A Yes. Q Now, that pitched roof, did that come to Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- M8- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 cause a problem for you? A It was used as a tool against me. Q Well, what happened? A Well, the long story is when I was elected, I decided to take it on myself to clean house and I made a lot of political enemies. The police chief was an alcoholic, the town attorney barely competent. The people in charge of the Board of Adjustment had been there for 20 years and the only word they knew was no. I had a lot of complaints by residents, that's why I ran. When I did that, naively I created a lot of enemies. A man named Emmett Pace came forward and said that my roof now blocked his potential view. If he ever built a house on his lot directly to the west of me, he wouldn't be able to see the ocean. But he challenged in court based on the fact that he didn't think I should have been given a permit because it turns out the code -- Q Okay. Let me stop you there for a second. A I'm sorry, I'm going beyond this. Q Who was the town attorney that you were referring to? A Paul Nicoletti. Q Okay. And now when Mr. Pace made his Florida Court Reporting 561- 689 -0999 2e62ce2a .8669- 45aa- V38- 22MO43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 complaint, did he -- approximately when did that occur? A Mr. Pace, the owner of the lot to the west of me, made his complaint in the beginning of 1997, I believe. Q Okay. And was there a Board of Adjustment hearing for that? A Yes. I think he tried to exercise all his legislative remedies before going to court. The Board of Adjustment turned him down. Q And at some point -- what did he do after he was turned down by the Board of Adjustment? A He filed suit in circuit court. Q Now, you were a commissioner at this time; correct? A Yes. I wasn't defending the suit, but I was a commissioner. So technically my name was on the complaint. Q Now, your name was on the complaint, but was that in your capacity as a commissioner or individually? A Yes, just as a commissioner. Q The relief that was being sought by Mr. Pace in that lawsuit against the Town of Ocean Ridge, did that cause you any concern? Florida Court Reporting 561- 689 -0999 2eb2c e2a -866945aa- W38- 22c28043a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 A Concern? Q Personally, yes. A Oh, yes. Q What were you concerned about? A My wife and I put every dollar we had into that building and I understood from zoning law that the Town had every -- maybe not every right, but they had the power to revoke that permit and order the building returned to its previous condition. That would have wiped us out. Q How much money had you spent on renovating that building? A We bought the building for 275. We put about 150 into it. At the time that represented all of our savings. Q Now, you were not a party personally to that lawsuit. At some point did you consider getting involved personally in the case? A When I saw it was stalled, that the League of Cities only wanted to come up with 40,000, the Town was coming up with another 30 -- 25, I decided to make the difference of 10 to make this go away. Q Okay. A It wasn't an admission of guilt, I just wanted this behind me. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86694 5aa- W38.22c28c147a81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 Q At the juncture -- and what did you do -- approximately when in 1997 were these offers being considered? A The offer to settle with Mr. Pace? Q Yes. A Towards the fall of '97, and then it was finalized January of '98. Q Okay. Did you consult with any attorneys in late 1997? A I had no legal counsel. I was kind of at a loss until a friend of ours recommended someone. Q Who is the friend that recommended someone? A Diane Scully was a school friend of my wife who had attended Nova High School with Mr. Sweetapple and she recommended Bob to me. Then another friend, Diane Colonna, who is the CRE director of Delray Beach, verified that he really knew what he was doing 'cause he had represented Mr. Batmasian in Delray Beach. Q Had you known Mr. Sweetapple prior to those discussions? A No, never heard of him. Q Okay. And what did you do after you -- after those recommendations? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- M8- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 A I called up Mr. Sweetapple's office and I talked to him personally. It was a process where I think he was vetting me to see if I was worthy as a client and we started talking. Q What month was that approximately? A That was in the fall of '97. So I'm thinking November. Q Okay. And how many conversations do you have with Mr. Sweetapple about it? A About the Pace lawsuit? Q Yes. A Probably one or two. Q And did he give you any guidance? A Well, he's the one that suggested come up with the 10. He said I could enter in as a defendant and do some kind of pleading, but by the time I do that it was going to cost a lot more money, better just to make up the difference and let it go away. Q And what if the case didn't settle? What was your intention? A I'm sorry, say again. Q If the case wouldn't have settled, what was your intention regarding Mr. Sweetapple? A I guess it would have turned into a full Florida Court Reporting 561- 689 -0999 2e62ce2a-866916aa- 9178- 22c28cl47a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 blown lawsuit and we would have entered in as a defendant. Q And were you intending to hire Mr. Sweetapple for that? A If the $10,000 settlement didn't work, that was my intention. Q So at some point did the Pace lawsuit settle? A In January of '98. Q Did you ever enter an appearance personally? A You mean in court? Q Yes. A No. Q Now, regarding that settlement, what were the terms of the settlement with Mr. Pace? A Basically pay him money and he went away. Q Who paid what amount? A League of Cities paid 40, I believe, 40,000, the Town paid 25, and I paid 10, for a total of 85,000, to the best of my recollection. Q Now, at some point did that become -- did that come before the commission for approval? A Yes. Q Okay. When was that? Florida Court Reporting 561 -689 -0999 2eb2ce2a- 8669-45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 A That was in January of '98, which I abstained. Q And was that in late January 1998? A Oh, I couldn't give you the exact date. Q I'm showing you what's been marked as plaintiff's Exhibit 4. Can you take a look at those? Have you taken a look at those? A I looked briefly at them. Q Have you seen those before? A These are minutes, yes. Q Where are they minutes from? A Minutes from the Town of Ocean Ridge for a Board of Adjustment town commission meeting, code enforcement hearing. Q Have you reviewed those documents before? A I'm sorry? Q Have you reviewed those documents before? A I've read them before. Q Okay. A I didn't commit them to memory. Q Can you take a look at the documents and see if it refreshes your recollection as to the date of the settlement commission meeting? A It brings back lots of memories. Florida Court Reporting 561- 689 -0999 2eb2ce2a -86694 9aa- W38- 22c28043a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 Q Okay. Do you have the date of that commission meeting? A The settlement meeting? Q Yes. A Okay. Monday, January 5th. Our meetings would sometimes last four or five hours. This is a lot of stuff here to review. Q Okay. A Do you want me to read every page? Q Does January 27th, 1998 sound correct? A You mean as to the settlement date? Q Yes, when the commission voted on the settlement. A I testified yes, it's sometime in January. Q Okay. A It could have been a special meeting, an executive session to settle that on the 27th. It's possible. Q Now, after that meeting and it was approved, what happened? A Well, just about immediately the same people who were interested in -- well, I guess motivating Mr. Pace for his actions, came out of the woodwork and I got an ear full as to how some people in town thought the settlement was fixed, a back Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 room deal. Q Specifically what were they saying about the settlement and your involvement? A That it wasn't fair, that I had violated the code, that the settlement shouldn't have taken place. Q Who were some of the people that were complaining? A Indirectly there was Gail Aaskov, later became mayor. There's architect Digby Bridges, who I think orchestrated a lot of it. People from the Board of Adjustment that I had asked to be replaced. Then some of the neighbors, people -- typically people that showed up at different functions to advocate one side or another. MR. HANNA: Judge, I'm going to move for admission of Plaintiff's Exhibit 4. It's certified copies from the Town of Ocean Ridge with the meeting minutes and everything. THE COURT: Is it for any purpose other than to establish the settlement date? MR. HANNA: No, Judge, it's to give background on what was going on at this time with Mr. O'Hare concerning the code enforcement violations and the other Sunshine Law Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9f78- 22c28c149a81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 violations, complaints and everything. THE COURT: Is there any objection? MR. SWEETAPPLE: Your Honor, I'd object to relevance. There's no reference to me or my firm in any of those documents. MR. HANNA: That's correct, Your Honor, there are no -- in these set of documents, there is no reference to Mr. Sweetapple or his firm. This just talks about everything that Mr. O'Hare was going on regarding the building. There's actually other matters in here, but it covers -- THE COURT: Do you object to the limited purpose of establishing the date of settlement and the involvement with Mr. O'Hare with the Town in regard to these permits? MR. SWEETAPPLE: No, sir. THE COURT: Okay. For that limited purpose then it will come in. (Plaintiff's Exhibit No. 4 was admitted into evidence.) BY MR. HANNA: Q Now, Digby Bridges, in January 1998 was he a commissioner? A Yes. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86694 5aa- M8.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 Q What about Gail Adams Aaskov -- or Aaskov Adams? A She was commissioner. Q And were they political opponents for you? A I'm sorry? Q Were they political opponents? Do you have animosity towards them? A Digby and I both ran at the same time. He had been a commissioner before, but there are only so many seats and so many challenges. We weren't really running against each other. Q And that was in 1996? A Yes. Q When was Gail Aaskov Adams elected? A I don't know that. Q Now, these complaints that were being made -- in February '98, were there additional complaints being made? A Well, it seemed that there was retaliation taking place for my prior political actions, and that retaliation included -- and I can't tell you the exact dates, but Sunshine violations in regard to bike lines on AlA, meeting with the Metropolitan Planning Council, whether tenants were living upstairs in these lofts we had created and whether Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 4 6aa- 90B- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 that violated the code. You see, the problem with the code was it was -- this particular code was written by an attorney Bill Boose and it was the most crazy grandfather code you had ever read. It said basically if there's any nonconforming aspect of the building then the entire building cannot be improved or expanded in any way, including volume. So people were now challenging that the settlement was bogus, that I shouldn't have been given a permit in the first place. Q Did you -- A That's what we were fighting. Q Did you feel that any of the statements being made about you were false or malicious? A Oh, very much. My wife and I were both shocked having taking something that's rundown as this building and getting rid of those people and made an asset to the community that it was being used now as a tool to make us go away. Q Now, the Sunshine Law violation that you referred to, do you know who made that? A It was made by a county commissioner who was head of the planning council at the time. His name escapes me. But it was brought to his Florida Court Reporting 561- 689 -0999 2eb2ce2a -8 6694 5aa.9f78- 22c28047a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attention by Mr. Bridges. Q Okay. That's Digby Bridges? A Yes. Q What was the basis of the Sunshine Law violation complaint? A Well, it was bike lanes on AlA. The DOT was proposing that they put bike lanes from Delray -- well, from Boca Raton all the way up to Palm Beach. The -- I have nothing against bike lanes, I think they're a great idea, but the DOT has somewhat draconian rules when it comes to some things. If they decide to do one thing, everything else sort of falls in place of dominoes. With bike lanes it required another 15 feet of clear zone, which meant a lot of trees, landscaping, rock formations would be bulldozed out of the way. The town would basically look like AlA in Boca Raton. I had met with members of the Metropolitan -- the director of the Metropolitan Planning Council with another commissioner, Mr. Stamos, in a fact finding to see just what compromises could be made to get the bike lanes without all the destruction that the DOT had done in Boca Raton. We had told the town attorney that we Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 45aa- W38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 were planning on doing that, he'd give us his authorization to do it. Q Okay. And did that -- how far along did the Sunshine Law violation complaint go? Was it just -- A Well, the state attorney announced that they were going to investigate it. When we heard nothing for a few months, we inquired. I say we. Mr. Stamos inquired. They finally came back and said there wasn't sufficient evidence to bring it to -- to go any further with it, so it dismissed. Q So was that in 1998? A That was in 1998. Q Approximately when? A That would be in the late spring to summer of '98. Q Also there were complaints about people living in this -- using the second floor of the apartment? A Yes, the permit was for a roof and attic space. And since someone had produced a picture of someone else's furniture stored up there, they made the claim that people were occupying the space. I had no control over that. We put tenants on notice, but it blew up into a big excuse to come after Florida Court Reporting 561- 689 -0999 2e62ce2a -8669- 4 9aa- V38- 22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 50 Shelly and I again, my wife. Q Do you know who made those complaints? A Commissioner Bridges waved the photographs at a commission meeting. I was completely shocked. Q Do you know who took the photographs? A Yes. It was a lifeguard at the club where Gail Aaskov was a member and he was a buddy with her, very tight. Q Okay. And that was another commissioner? A Gail Aaskov is a commissioner. Q As far as you know, what issue did Gail Aaskov have with you? A I'm sorry? Q What issue did Gail Aaskov have with you? A The people on the Board of Adjustment were her old buddies. She is a Realtor in Ocean Ridge and basically she thrives on the condominium market. These were condo presidents and it was all very close knit. Q Okay. Well, in March at some point did you receive a code enforcement violation notice from the Town of Ocean Ridge? A I'm sorry, Mr. Hanna, you're going to have to face me. Q I'm sorry. I'm trying to do multiple Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 things at once. A I know. Q In March of 1998 were you notified by the Town of Ocean Ridge that there was a code violation at the apartment? A Yes. Q Okay. Can you tell us what that was about? A The code violation was that I was allowing tenants to live in the loft area, therefore expanding the nonconformity of the building which the code didn't allow for. Q And that was a formal notification? A It started as an investigation and ended up in a formal complaint. Q Now, during this time between this Pace settlement and this code enforcement investigation, had you been in touch with Mr. Sweetapple at all? A Yes. Q Tell us about that. A Well, I was worried -- both Shelly and I were very concerned and Mr. Sweetapple said, well, let's see if it ripens and what comes of it. Then when it finally did, I asked him to intervene. We signed an agreement and I paid him, I think, $10,000 Florida Court Reporting 561- 689 -0999 2eb2ce2a -88894 Saa- W38- 22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 and he acted on my behalf in regard to the town attorney. Q Well, that was for the code enforcement violation. Before that investigation, had you discussed any other issues that were going on with Mr. Sweetapple? A We discussed the Pace lawsuit, but we had some private conversations. Shelly and I were trying to conceive and then finally adopt. He shared his brother's experiences in that regard. Q Okay. A We had some other discussions. Q So when you got the -- when did you contact Mr. Sweetapple? The code enforcement investigation or when they actually filed the notice of violation? A I contacted him with regard to the Pace settlement, and then later on when things were getting hot with the code enforcement I called him regarding that. Q Okay. And did you hire Mr. Sweetapple for the code enforcement? A Yes. Q All right. Tell us about how that came about. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 855945aa- 9138- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 A I called Mr. Sweetapple up. I explained to him that the Emmett Pace settlement had turned into even more, it was the very same players, the very same property, same in many regards, and I asked him to intervene. Q When was that? A That would have been around, I think, March. Q And where did you talk to Mr. Sweetapple, on the phone or did you meet with him personally? A That was on the phone. Q Did you ever meet with him personally? A Yes. Q When did that occur? A I went to his office to give him the check and I couldn't recall before where the office was, but Mr. Sweetapple was kind enough to remind me it was on -- it was in Boca Raton next to an old restaurant on Palmetto. Q Now, when you met with Mr. Sweetapple, had you met with Edwin Jonas at that point? A In the office? Q Yes. A No. Q Did Mr. Sweetapple discuss Edwin Jonas Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9138- 22c28c 143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 54 being involved with your case? A I'm sorry? Q Did Mr. Sweetapple say that Edwin Jonas would be involved with your case at that meeting? A No. The first time I met Mr. Jonas and even heard about him was when he showed up at Town Hall to take Mr. Sweetapple's place. Q And when was that? A It was the day before the code enforcement hearing when Mr. Nicoletti, Mr. Sweetapple and I met at Town Hall and started hammering out a settlement agreement, a stipulation agreement that would be entered into the special magistrate's hearing the next day. Q Okay. The code enforcement hearing, was that set for April 14th, 1998? A That sounds right. Q And the day before that you met at Town Hall? A Yes, I distinctly remembered being in the entryway to Town Hall next to the window by the clerk's office and Mr. Sweetapple there with his briefcase and discussing the strategy before Mr. Nicoletti showed up. Q Okay. And when Mr. Nicoletti showed up, Florida Court Reporting 561- 689 -0999 2e b2ce2a-8669-45aa-W38-22c28c I 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 did Mr. Sweetapple take part in the settlement negotiations? A Yes, he was there for a little time. Then he left when Mr. Jonas came to take his place and finish up. Q So when Mr. Jonas was there -- was Mr. Jonas and Mr. Sweetapple there together at the beginning? A No, it was just Mr. Sweetapple. Q And up to that point, you had not heard anything about Edwin Jonas or knew about him? A No, no. Q Now, you say -- how long did these discussions on April 13th take at Town Hall? A I'd say we were there for a few hours, at least. Q Okay. And the stipulation and order that was eventually signed, were they -- was that something that was done on the 13th it was signed or was it on the 14th? A It was signed, I believe, on the 13th. Then when we showed up at the hearing, it was entered to the magistrate by Paul Nicoletti. Q Were you present when Mr. Sweetapple was discussing this with Mr. Nicoletti? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- MB -22c28 UU83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 A Was I present when? Q Were you present when they were discussing the terms of the stipulation? A Yes. Q Can you just describe what you saw? A Well, it was in two phases. The stipulation agreement was actually a very polite wording. It basically said we would all mind our own business and do the right thing from now on. But prior to that, the discussion was that the Town had violated my civil rights because while enforcing -- choosing to enforce the code one way against me they had -- I had searched numerous records of where they had enforced it differently against other residents before me and after me. So being selected out for the special interpretation was what Mr. Sweetapple -- I think he called it a 1983 action. Q Okay. Now, regarding when you hired Mr. Sweetapple, that was for the code enforcement violation, were you contemplating -- you and Mr. Sweetapple, were you contemplating any other action against the Town of Ocean Ridge or anybody else in April 1998? A After April we were just shocked and mad, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 4Saa- M8- 22c28049a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 disappointed. We had discussed doing something further. Didn't know what we should do. We didn't feel like we were whole, that we had suffered a lot. All the litigation had cost us, I think, upwards of $50,000 at that time and we didn't know what we were gonna do. We really -- between the pressure of running the business and managing two birth mothers and this animus from so many people in town, we would -- we were at our wit's end. We didn't know what we were doing. Q Now, was Shelly in -- that April 13th meeting, was Shelly there for the whole time during the settlement negotiation? A Shelly wasn't there on the 13th. Q At some point did she sign the settlement agreement? A I think I might have called her and told her to come over and sign it. She really didn't have much to do with any of it. She -- she did not want to get involved. She wanted me to handle all that. Q And did she ever meet with Mr. Sweetapple? A I don't think she's ever met him. Q Did you have discussions with her regarding Mr. Sweetapple's involvement? Florida Court Reporting 561- 689 -0999 2eh2ce2a .8669-45aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58 A All the time. She asked me to keep her informed and I would usually tell her, well, Bob said this or Bob said that. It was quite a relief when Bob came on board because we felt like we were falling with nothing to hold on to at the time. Q And Shelly was also a defendant in the code enforcement violation? A Yes. Q Because she was the co -owner of the property? A Yes. MR. HANNA: Judge, I'm going to seek admission of Plaintiff's Exhibit No. 3. It's certified copies of Ocean Ridge records. They're letters and a memorandum from Paul Nicoletti. MR. SWEETAPPLE: No objection. THE COURT: No objection to No. 3, thank you. MR. SWEETAPPLE: Did you put in the Nicoletti affidavit along with that? MR. HANNA: Yes. MR. SWEETAPPLE: The certified copy? MR. HANNA: Oh, I didn't put the affidavit in. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 46aa- 9f88- 22c28c743a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 59 MR. SWEETAPPLE: That was part of our stipulation. MR. HANNA: Yeah, do you want to -- do you have a copy of it? MR. SWEETAPPLE: Okay. I thought you had it included. We'll locate it and supplement. it. MR. HANNA: THE COURT: Exhibit No. 3 is supplementing it Mr. Nicoletti? MR. HANNA: states he has no MR. SWEETAP court. Yeah. So by agreement Plaintiff's in evidence and you're with an affidavit from Yeah, Mr. Nicoletti where he recollection of the event. PLE: It's been filed with the THE COURT: Okay. Thank you. MR. SWEETAPPLE: It's been filed previously. This is just a copy. MR. HANNA: No objection to attaching that, Your Honor. THE COURT: Thank you. (Plaintiff's Exhibit No. 3 was admitted into evidence.) Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669d5aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 60 BY MR. HANNA: Q All right. Were you happy with the result of the code enforcement matter? A Yes, very much so. Q What was the agreement basically regarding the stipulation that you entered into? MR. SWEETAPPLE: I'm going to object. Best evidence. It's in evidence, Judge. THE COURT: Is it in evidence? MR. HANNA: Judge, it would be with the documents that I submitted. THE COURT: I'm going to let him answer his understanding. If it's in any way inaccurate, you can cross examine him with the documents. MR. HANNA: It's part of the documents that were Plaintiff's Exhibit No. 2 -- or 3 with all the Ocean Ridge minutes, the meeting. THE COURT: Okay. Let's go on. BY MR. HANNA: Q What was your understanding of the stipulation in the order that you agreed to? A As I recall, Shelly and I agreed that we would monitor the tenants. If we did see anything that was in violation of the code, we'd bring it to Florida Court Reporting 561- 689 -0999 2e62ce2a- 8669- 45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 the Town's attention and help the Town to rectify it, remedy the situation. The Town agreed that they would dismiss the charges against me. Q And when you reached that agreement, had you had discussions with Mr. Sweetapple regarding terms and what would be the best way to handle it? A Well, I was in the room when it was hammered out with Mr. Nicoletti. Q Before that though have you had discussions with him about how to handle this? A My discussions are limited to just what the Town was doing that was wrong and how we were going to go after them if we couldn't work this out. Q Now, at some point did you have a press conference or a -- yeah, a press conference at the apartment? A Yes. Mr. Sweetapple recommended I should get the press involved. Q Okay. And when was that? Before or after the code enforcement hearing or stipulation? A I believe it was before. We invited the Sentinel and the Post to come into the lofts, which I think at the time were 110 degrees and just unbearably hot, limited access. Q And was there an issue regarding the heat? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8559-45aa- V38.22c28043a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 62 A The heat? Q Yes, for the lofts. A Yeah, they were 110 degrees at the time and very hot, not someplace you'd want to even try to air condition. Q Now, when you said they were doing an investigation of the apartment building, can you just give a little detail about that? The police chief, was he involved with that? A The police chief came. He photographed all the units. We allowed him to come into each loft and take as many pictures as he'd like. We had nothing to hide and we participated in the investigation. Q Did the police chief interview witnesses for that? A There were seven or eight taped interviews made by Chief Hillary of Emmett Pace and other residents, the same ones who had complained about other things politically that I was doing. I obtained those through a public record request. Q A public record request? And who suggested that you do a public records request to get the tapes? A Well, Bob told me that I needed to Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 document the Town's behavior both before and after issuing my permit. That's how I went into the Town and found the information that they had been permitting other people to do the same work before and after me, and in addition to that any other evidence that would support my case. I had no idea what a public record request was before that except maybe to ask for a birth certificate. Q Now, did you ever have a meeting with Mr. Sweetapple at the rental unit? A No, I don't think I ever did. Q Now, after -- A If I could clarify that, I believe I met with Mr. Jonas there, but I don't think I ever met Mr. Sweetapple. Q Was Mr. Jonas working with Mr. Sweetapple at that point still? A Yeah, at the time. Since that was before the hearing, I must have met Jonas before that stipulation hearing was -- stipulation meeting was conducted. Q Are you sure that was before the meeting or could it have been after the meeting? A You know, some things stick in my mind and others are cloudy. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 64 Q Is there any document that you could use to refresh your recollection of when that meeting with Mr. Jonas occurred? A That would be the inspection done by Chief Hillary. And I'm sure there's an incident report, but I don't have it. Q All right. So after you had the stipulation for the code enforcement hearing, did your problems with the Town end or were some residents still upset about it? A There was enough public meeting comments that a special hearing was called to air out all the differences and misunderstandings. I think Mayor Ken Kaleel did that at the time. Q Were there monthly meetings in March 1998, April 1998, and May 1998? A The Town met once a month, plus there were special meetings in there as well. Q Were you the subject and the activities at 21 Tropical Drive the subject of any of those meetings? A Sometimes it would be brought up in public comments, a few times it was on the agenda. Q The comments that were made by the public, who were they made by? Do you remember any of the Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 comments? A Emmett Pace, the neighbor to the east. Chris Curry, who was a client of Digby Bridges. The lifeguard, who was a friend of Gail Aaskov. So the commission was basically divided between Aaskov and Bridges and myself and a few others. Q So in May 1998 were you still dealing with Mr. Sweetapple regarding the Ocean Ridge matters? A I'm sorry, what month? Q Were you dealing still dealing with Mr. Sweetapple in May 1998? A I believe so, yeah, but just on a casual basis. Just, you know, keeping in touch. Q At some point did Mr. Sweetapple refer you to a Dr. Heath King? A Yes, towards the late summer of '98 to the fall. Q Why did he refer you to Dr. King? MR. SWEETAPPLE: I'm going to object. It calls for speculation. THE COURT: Do you want to try and lay a predicate for it? MR. HANNA: Okay. BY MR. HANNA: Q Who is Dr. Heath King? Florida Court Reporting 561- 689 -0999 2e62ce2a- 866946aa- V38.22c28cI47a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 66 A He's a psychotherapist in Boca Raton. Q Okay. Did you treat with him? A Did I what? Q Did you treat with Dr. King? A I'm sorry? Q Did you treat with Dr. King? A Did I treat -- oh, you mean -- I was his patient, yes. Q How did you come to meet Dr. King? A Mr. Sweetapple gave me his phone number and I called him up. Q And how many times did you visit with Mr. King -- or Dr. King? A A few times a month for perhaps five to eight months until the spring of '99. Q Now, had you -- before you went to see Dr. King, had you been discussing with Mr. Sweetapple everything that was going on in your life? A Yeah. Bob and I had a lot of talks about just all the stress and anger and the resentment, other things going on. Q What were some of the stresses that were going on? A Well, as I earlier testified, maintaining two birth mothers, making sure their prenatal care Florida Court Reporting 561- 689 -0999 2eb2ce2a- 6669-4 5aa- V36.22c25c743a93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 67 was what it should be, give those kids a chance. The -- we were still hurting from the reaction from some of the town over what we thought were good deeds, which we thought were not going unpunished. The business was struggling. The apartment building needed tenants. It's just your typical plethora of life, but it was aggravated by these legal issues which we thought were resolved. Q Now, regarding the adoptions, you adopted Gus and he was born in August 1998? A He was born August 4th. Q Were there any stresses regarding the birth mother changing her mind? Did she change her mind? A Well, by Florida law when you have a birth mother who's basically under contract, they have three days of a right of recision. But even after that, they could petition to have the baby returned to them. Until the judge finally decrees the order, it's -- there's no sure bet that you're going to keep the kid. Q Now, were you paying for her care before the adoption? A We were paying -- Q The birth mother's care? Florida Court Reporting 561- 689 -0999 2eb2ce2a-8669-45aa-9f38-22c28c I 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 A -- Charlotte Danciu. We were also paying to finance the birth mother's care. Q If the birth mother changed her mind, would you get that money back? A No. It was a chance worth taking. Q When was the adoption of Gus finalized? A About a year after he was born. Q Okay. And what was the window of time where the birth mother still could have changed her mind? A Well, she had a three day right of recision. Then I believe she could petition the court, go through a lot more trouble if she wanted to, for months after that. Q And then after you -- when did you get Gus? A I'm sorry? Q When did you get Gus? Immediately after -- A Three days after he was born. Q And Reme was born in December of 1998? A Yes. Q Were there the same concerns and issues? A Same issues, yeah. Q And when did you get Reme? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-4 5aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 A Three days after she was born, Bethesda. Q And there never was any issue regarding the adoptions? A You mean with the birth mothers? Q Yes. A Not legal issues, no, just emotional ones. Q Now, also the Sunshine Law violation, when did that get finalized? A You mean when did the state attorney dismiss his investigation? Q Yes. A I can't say. Sometime in the summer of V&sIIp Q And when did the matter with Ocean Ridge and the 21 Tropical Drive, when did that sort of abate or end? A Well, officially it ended when we signed the stipulation agreement, but all the brouhaha at the town meetings carried on for months and months. Q The meeting that you referred to that you said that Mayor Kaleel called, what was that purpose of that meeting? A Well, to air all the claims, to set aside all the rumors, to get it out in the open so it was all officially addressed. People's concerns about Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- 9f78- 22c28c143a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 back room dealing or unfair treatment or mishandling by town staff could all be vented -- vetted -- vented. Q And again at that meeting, were there people making statements about you that you felt were unfair, false or malicious? A Yeah, it wasn't pleasant. Q And after that meeting did you have any discussion with Mr. Sweetapple regarding taking any further action against people? A Bob's counsel was to wait, let things cool off, not to act hastily. Q And what kind of actions were you thinking about taking? A Well, we thought we -- our civil rights had been violated. We thought we had suffered emotional damages. But again, we were taking Bob's advice. And I think it was good advice at the time to just wait, let things cool off. Bob's great at -- at, what should I say, mediating things like that. Q Were you considering a defamation action against anybody? A Yeah, yeah, we had -- my business, like I said before, had to do with a lot of other Florida Court Reporting 561- 689 -0999 2e62ce2a- 8669d5aa- V38.22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 71 governments and I had a lot of explaining to do. People just automatically assume what you read in the newspaper is true. Yeah, there was a lot of threats to the business. Q And did you have a final discussion with Mr. Sweetapple whether you were going to go forward with any of those claims? A I don't remember a final discussion, but we never pursued it. Q And so in late April -- or late 1998 is when you started treating with Dr. King. Did you have any other issues after that that you talked to Mr. Sweetapple about? A Yes, my very last session with Dr. King he had mentioned something that I found disturbing and I called Bob about it the next day. Q Okay. I just want to clarify. You had talked to Dr. King? A In therapy Dr. King had mentioned something that I had not mentioned to him that I thought he could only know because he had discussed it with Bob, and I called Bob and asked him about it. Q Okay. Had you told Mr. Sweetapple that information? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 A Yes, he knew about it. I didn't tell him, but he knew. Q Is that a piece of information that you wish to remain confidential? A I'm not telling anybody here. Q If the Court would permit an in camera hearing with the judge and the attorneys, would you -- with Mr. Sweetapple, would you be willing to divulge that? A I'm reluctant to do anything that would change Judge Blanc's opinion of me. But, yes, I think it's valuable enough that it needs to be disclosed. Q Well, the information -- what is your concern about that information being made public? A If I was threatened with some disclosure, I would have to dismiss all my cases. Q Why are you under that impression? A Because I wouldn't want it disclosed. Q But why would you think that you'd have to dismiss all your cases? Why was that an option? A I'm just saying if that was the choice given to me, I would have no choice but to do that. Q Now, regarding the information, I don't want you to tell me what it is or the type of Florida Court Reporting 561- 689 -0999 202ce2a- 8669- 45aa- W38 -22MO 43x83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 73 information, what are the ramifications to you personally if you divulge that information publicly or it became known? A I don't want to get into that. Q What? A I don't want to get into that. Q Okay. Would you prefer that that information stays confidential? A I'm sorry, say it again. Q Would you prefer that that information stays confidential -- A Yes. Q -- and not be shared? A Yes. Q As far as you know, who are the only people that know that information? A Right now there's three people who know it. Q Who's that? A Mr. Sweetapple and another person and me. Oh, I'm sorry, Heath King. Q And Dr. King, your therapist? A Yeah. MR. HANNA: Judge, would you consider an in camera hearing on this? Florida Court Reporting 561- 689 -0999 2eb2ce2a -86694 5aa- 9138- 22c28cUU87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 74 THE COURT: I need to hear from opposing counsel and I also need to consider whether I have the authority to put in something in camera as part of this record based upon, of course, public record issues. Mr. Sweetapple, do you want to be heard? MR. SWEETAPPLE: I can only tell you that I have no intention of being a part of any such proceeding because I will swear on any bible or grave of any family member that I have absolutely no idea what this man is talking about. I don't want to hear his deep dark secret because I can't remember even talking to him, much less anything about him. MR. HANNA: Well, Your Honor, there is a mechanism where the Court could have an in camera inspection or hearing with the witnesses and opposing counsel being present. However, given Mr. -- THE COURT: Wouldn't that require public notice? MR. HANNA: Yes, Your Honor. it would require -- THE COURT: Do you want to send a notice out to the press that you want me to hear your Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- W38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 client -- MR. HANNA: No, Judge, we do not want to do that. It would be -- and actually given Mr. Sweetapple's representation that he has no recollection of it, and if he does have a recollection of it he would still be bound by the attorney /client privilege, we'll just proceed forward with this. THE COURT: All right. BY MR. HANNA: Q Did you ever have a discussion with Mr. Sweetapple regarding an issue with Boynton Beach? A Yes. Q What was that? A In 1999 we had purchased a property zoned light industrial. We had a concrete -- we have a manufacturing facility that uses concrete or cement. Boynton beach considered that heavy industrial, didn't want to let us have the zoning for that property. We needed to convince them that the scale of our operation was really light industrial. So I had asked Mr. Sweetapple to intervene. Q And did you have discussions with Mr. Sweetapple? A Just that. Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669-45aa- 90 6.22c26cl43a63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76' Q And was there any formal zoning violations or formal litigation? A No, it wasn't a violation. It was basically negotiations with the zoning director. I guess he saw the light because he greenlighted our project. Q Then at some point did you move from -- well, the property at 21 Tropical Drive, did you eventually sell that property? A Yes. Q When did you sell that? A Around 2004. It enabled Shelly and I to move to Gulf Stream. Q You're talking about the 21 Tropical Drive? A Yes. Q Between that time, had you transferred it out of Shelly's and your name to an LLC? A We created an LLC for that property. Q Okay. When was that approximately? Did you -- A A few years after all this happened. Q Okay. And then you eventually sold it. And did you sell your house in Ocean Ridge? A Sold the house in Ocean Ridge, yes. Florida Court Reporting 561- 689 -0999 2eh2ce2a- 8669- 4 6aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 Q What was the address of the Ocean Ridge that you lived? A 22 Harbor Drive South. Q And you moved to Gulf Stream in 2004? A Yes, about. Q - Where did you move to in Gulf Stream? A 530 Middle Lane -- Middle Road. Q Is that where you currently reside? A No. We moved out of there in 2007. When the market turned around, we didn't have enough money to stay there. Q Now, Middle Road, is that on the island portion of Gulf Stream? A It's right in the very core. It's centered -- well, it's called Middle Road. It's the very center of town. Q Well, Gulf Stream is on both sides of Intracoastal? A Yes. Q The Middle Road address, is that on the east side of the Intracoastal? A Middle Road is in the exclusive area where all the really wealthy people live. Q Okay. A Yeah, that's on the east side of the Florida Court Reporting 561- 689 -0999 2e62ce2a- 8669- 45aa- W38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 78 water. Q And where did you move to? A To the west side of the water in a place called Place Au Soleil across the street from Wal -Mart on Federal Highway. Q And what's the address there? A 2520 Avenue Au Soleil, A -u S- o- 1- e -i -l. Q And when did you move to that address? A About four years ago, 2010. Q So you lived on Middle Road until when? A I guess around 2010. Q Okay. A Beginning of 2011. Q So you moved from Middle Road to the Place -- I can never say that. A Place Au Soleil. Q Au Soleil. A It's very special. Q Forgive my French. Now, regarding the Middle Road property, did you have any problems that you consulted with Mr. Sweetapple about regarding that property? A Yes. Q When was that? A 2005, I believe. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28ct43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 Q Okay. What happened and what was the reason you consulted with Mr. Sweetapple? A Well, there were two issues. One was a screen enclosure that had been destroyed in Hurricane Wilma. I wanted to rebuild it. The town manager told me it was a separate structure. It required me going before the architecture review and planning board, which is a really drawn out expensive process. I assisted it. It was attached to the building and I should be able to rebuild it with a simple permit just to replace it, it was already there, that's how I understood the law, and he's refused. I asked Mr. Sweetapple's advice. Q Okay. I don't want you to disclose your discussions with Mr. Sweetapple, but did you have a meeting with him or a discussion with him? A Just on the phone. Q And as a result of that, what did you do? A I replaced the screen enclosure. Q And was there any issue with the Town of Gulf Stream after that? A No. Q And did you have another issue that you consulted with Mr. Sweetapple regarding Ocean Ridge -- I'm sorry, with Gulf Stream? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-46aa- 9f78- 22c28cI43a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 80 A Well, at the very same time we had applied for a permit to do a bunch of brick work around the house, add columns, a new entrance feature and a little wall along the seawall that would hold back the soil so the yard could be level for the kids to play and not have to tumble down a slope into the water. We put the wall in and when we called for our inspection, Mr. Thrasher, the town manager, looked at it and said that can't stay, it's not allowed. Q So you had already installed the wall? A Yes. Q Okay. And what did Mr. Thrasher want you to do? A He said that you could not have a change in elevation over six inches or something like that and wanted me to remove the wall. Q Who -- A I explained to him that the very same situation existed at the mayor's house. It didn't matter, he didn't want it out. Q And who is William Thrasher? A I'm sorry? Q Who is William Thrasher? A Town manager, who's also -- I think they Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 call them the building -- not the building official, but he's in charge of what goes on in town. Q Is he the person that you go to for permitting? A He's authorized to do a level one permitting. Anything above that goes to the Board of -- I'm sorry, the Architectural Board with the town commission. Q Well, regarding the screen porch, were you going to hire Mr. Sweetapple to actually take action in that case? A It was a cost benefit analysis. The cost to hire Mr. Sweetapple and go through all of this, you know, exhausting the legislative and the judicial remedies was going to be astronomical compared to -- you know what, I'm sorry, I'm talking about the brick issue, not the screen enclosure. Q Okay. A Was I going to hire Mr. Sweetapple? Q Yeah, if the Town would have required you to remove this screen porch? A I was at the time just looking at my options. My intention was that if the Town did raise an issue with it, then I would hire Mr. Sweetapple to defend me. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8989- 48aa- 9f38- 22c28 cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 82 Q Now, regarding the issue with the brick wall, again, did you talk to Mr. Sweetapple about that? A Yes. Q And did you intend on hiring him? A Well, that was a discussion we had. Like I said, the cost benefit analysis, it would have been much more expensive to litigate that than it would be just to take off a wall and basically go along to get along. Q So you actually removed the wall though? A We took it all out. Q When was the -- A $10,000 hit. Q What was the basis for the $10,000? A Well, the cost of the brick, the masons cleaning it up, hauling it away. Q So that was the cost of installing it and then removing it? A Yes. Q And since that time, regarding the brick wall, have you had any other contact with Mr. Sweetapple directly? A Yes. Q Okay. What was the contact you had with Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 83 him directly in? A In 2008 Mr. Sweetapple -- Q I'm going to stop you. I'm talking about direct contact with Mr. Sweetapple where you discussed any issues with him. MR. SWEETAPPLE: You're not going to go into the settlement conference at my office with the mediation agreement? MR. HANNA: No. I'm talking about stuff with the house. MR. SWEETAPPLE: I just want to make sure. BY MR. HANNA: Q All right. Did you consult with Mr. Sweetapple regarding any other issue after the brick wall with Gulf Stream? A You know, I'm sorry, I can't remember that. Q Okay. A If you give me a date or some reference, I might remember. Q Well, no, did you -- well, when was the next time you recall seeing Mr. Sweetapple personally? A I think the next time I physically saw him was at the deposition of Mayor -- well, future mayor Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 45aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rq.V - Morgan. Q And when was that? A That was just prior to the election in March of '90 -- I'm sorry, of 2014. Q And when you saw Mr. Sweetapple, what were you doing? A He was representing Mayor Morgan. Q And what happened? How did you two come to see each other? What happened when you saw him? A Well, I greeted him. He's an old friend. I shook his hand and I asked him how things were. Then I told the attorneys present that he was -- that he represented me before and be prepared because he was gonna kick their behinds, which he did. Q Was he representing the Town of Gulf Stream at that point? A No. Mayor Morgan was a candidate, I believe. I don't think he had been elected yet. Q Okay. A I'm sorry, I keep saying Mayor Morgan. Q It was Scott Morgan? A Scott Morgan. Q And he was running for commission for the Town of Gulf Stream at that point? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669d5aa- 9p8.22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 A Yes. Q Now, getting back to -- I want to start talking about your issues with the Town of Gulf Stream, the litigation that you're currently involved with. What was the event that you feel triggered the beginning of your disputes with Gulf Stream? MR. SWEETAPPLE: Your Honor, I'm going to object to the relevance of this. I think the only case that this motion deals with is the public records requests. He's given a lot of history and a lot of -- THE COURT: We have had a lot of history. So what's the relevance of this line of questioning? MR. HANNA: Your Honor, this goes to Mr. O'Hare's perception of the danger and what he's afraid of that Mr. Sweetapple's involved with. Our position is that Mr. Sweetapple's involved with a little bit more than one simple public records case or one public records case. In fact, he's appeared before you arguing the difference between the federal RICO case and the counterclaim where they're trying -- they joined nine different defendants, including Florida Court Reporting 561- 689 -0999 2eb2ce2a-8669-45aa-9f38-22c28c 1 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. O'Hare, with Martin O'Boyle, Citizens Awareness Foundation, Jonathan O'Boyle, where he's handling that litigation. That involves the entire range of Mr. O'Hare's disputes with the Town of Gulf Stream, not to mention an incident with an Officer Ginsberg in 2012 and 2011. THE COURT: Mr. O'Hare has some interest in the litigation involving Mr. Sweetapple's representation of the Town in regard to Mr. O'Boyle's son as a Florida attorney? MR. HANNA: Yes, Judge, he's actually been joined by Mr. Sweetapple in a counterclaim, actually four counterclaims, that have been filed in cases. Actually Your Honor granted a motion to amend. THE COURT: I understand that part. What's Mr. O'Hare's involvement? MR. HANNA: Mr. O'Hare's been named a co- defendant in that. He's alleged to be a part of the conspiracy in these RICO violations. THE COURT: I see. Tell me how -- you estimated two and a half to three hours. Florida Court Reporting 561- 689 -0999 — W 2eb2ce2a- 8669- 45aa- MB- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 87 MR. HANNA: Yes. THE COURT: We're now an hour and a half in and you're on your first witness only of six or seven witnesses. MR. HANNA: The other witnesses are going to be -- actually since our stipulations, we've gone down with witnesses. THE COURT: So tell me how much time you need to finish your testimony with this witness assuming I allow this line of questioning. MR. HANNA: Probably about a half hour, Your Honor. THE COURT: And how much time are you going to need for cross, Mr. Sweetapple? MR. SWEETAPPLE: Very brief. THE COURT: Okay. We're going to recess about 15 minutes. We'll come back around 11:15 and we will continue. I'll hear briefly further argument on this line of questioning and go from there. You can step down, sir. THE WITNESS: Thank you, sir. (A recess was held from 11:04 a.m. until 11:29 a.m., after which the following proceedings were had:) Florida Court Reporting 561- 689 -0999 2e62ce2a- 866945aa- W38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Mr. O'Hare, come back up on the stand, sir. As you know, we're dealing with some scheduling issues in the civil division. So I may have to break before 12:30 to attend a meeting. I'm trying to get it to take place after 12:30, which would give us the three hours you asked for. We'll see where we are at that point and see what we need to do to conclude the hearing. MR. HANNA: Mr. Sweetapple said a half hour. MR. SWEETAPPLE: That's what it should have taken. THE COURT: Let's go ahead. BY MR. HANNA: Q Can you briefly tell us regarding your current disputes with the Town of Gulf Stream, how did those start and briefly what did it involve? MR. SWEETAPPLE: And, Your Honor, I'm going to object to relevance. If I can elaborate? THE COURT: Yes, sir. MR. SWEETAPPLE: You have jurisdiction to determine whether I should be disqualified in Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9f88- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this case. I think at this point we should turn our attention to this pending case. If he wants to talk about these other federal cases he has, I can tell the Court there's assurance counsel and other counsel handling those cases. I've not appeared in the federal cases that Mr. O'Hare has brought. So -- THE COURT: Excuse me. So proffer for me, if you would, the relevance of these other cases that Mr. Sweetapple is not counsel of record. MR. HANNA: Mr. Sweetapple was hired by the Town to handle the litigation with Marty -- Martin O'Boyle and he is behind filing the RICO case. In fact, at the last Town meeting THE COURT: When you say he's behind -- MR. HANNA: He's part of the -- THE COURT: Let's use legal terms. MR. HANNA: I'm sorry. THE COURT: What does behind -- MR. HANNA: He's part of the team with Gerald Richmond, with Joanne O'Connor. Gerald Richmond said in a town meeting how he worked closely with Mr. Sweetapple. The Town just filed a civil RICO case in Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- V38.22c28d43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 90 federal court. Mr. Sweetapple appeared at a town meeting and took credit for the filing of that case. He's filing these counterclaims joining my client as a co- defendant with Martin O'Boyle, Citizens Awareness Foundation, Jonathan O'Boyle, all the people in the O'Boyle law firm, the individuals. He's been brought into this as part of a -- as an alleged part of a conspiracy in those cases. Actually, Judge, you just granted a motion to amend in Mr. O'Boyle's case before you. There's a motion pending in this case. Also Mr. Sweetapple stands up in his opening and talks -- he has these boards that are talking about all the numbers of records requests that are being made. Now to say that this is just about one single case is a bit disingenuous. This is about more than just one case. Mr. O'Hare, as the Court will hear how this developed over -- since March or April how this has developed with Mr. Sweetapple's involvement and discussions that we've had about threats to Mr. O'Hare, about being joined in the RICO case, of dismissing all his cases in exchange for not being involved in the RICO Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669.45aa- 908- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 91 case. MR. SWEETAPPLE: You shouldn't be talking about settlement conferences, Counsel. MR. HANNA: Judge -- THE COURT: Let's do this. First, your response to my inquiry to me, frankly, seems extremely broad and somewhat nebulous. Nonetheless, Mr. Sweetapple, I don't want this case to come back from an appellate court saying somehow I limited the record improperly. MR. SWEETAPPLE: I'll withdraw my objection. THE COURT: Thank you. I have some concerns about how much of this will be relevant, but I think I need to hear it to make the determination. So let's go ahead. MR. HANNA: Judge, I'm going to be seeking to introduce -- THE COURT: Why don't we go ahead. If you're doing it now, do it now. MR. HANNA: Well, I'm saying it could shortchange the testimony. I have a copy of the second amended complaint in the federal suit that details the -- what Mr. O'Hare has Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 92 gone through with the Town of Gulf Stream. THE COURT: Did you put the case number on there? MR. HANNA: Yes, Judge. It's case number -- it's a federal case, Southern District of Florida, case number 9:13- CV- 81053KLR. THE COURT: Am I correct that Mr. Sweetapple's not attorney of record, but based upon these representations you gave me previously about his being part of a team, being behind, et cetera, you think this has relevance? MR. HANNA: Yes, Judge. THE COURT: All right. So do you have an objection to that, Ms. O'Connor? MS. O'CONNOR: Well, I'd object. That federal civil rights case, there's no counterclaim in that case and Mr. Sweetapple will testify he's not -- THE COURT: Over your objection and I will have to determine whether it does or does not have relevance after I hear this theory tying all of this to you, Mr. Sweetapple. MR. HANNA: Judge, also just as a preview, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 I'm going to be seeking to introduce based on Mr. Sweetapple's testimony an e -mail that he sent to me September 8, 2014. It says: Mark, in the event we can't settle, I'm appearing on behalf of all pending cases you have filed. I need to immediately depose Mr. O'Hare in all these proceedings. I suggest we block out some dates and just progress through one at a time. THE COURT: Any objection to that? MR. SWEETAPPLE: Not at all except he'll stipulate I clarified that that was public records request cases. He knows that. MR. HANNA: Judge, that's going to -- Mr. Sweetapple can testify to that. I'm taking -- my argument is that it was all cases based on what has been going on with Gulf Stream, what has been sent to Mr. O'Hare and the representations made to us about this. It wasn't just public records cases, Your Honor. MR. SWEETAPPLE: Your Honor -- THE COURT: With the appropriate time, I'll rule on the objection. Now let's move on. MR. HANNA: Plaintiff's Exhibit 7. THE WITNESS: Your Honor, may I answer the question? Florida Court Reporting 561 -689 -0999 2eb2ce2a466945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 94 THE COURT: Let's go back and we'll have the question restated. MR. HANNA: Let me just clarify this. Plaintiff's Exhibit 7 is an e -mail. MR. SWEETAPPLE: Well, you're going to have to call me on that. MR. HANNA: He wanted to know if you had any objection. MR. SWEETAPPLE: I want you to call me so I can talk about your conversation with me, so I can talk our stipulation. MR. HANNA: Will you admit it into -- MR. SWEETAPPLE: When you call me. MR. HANNA: Okay. Judge, admission of Exhibit 12 is the federal suit that's 9:13. THE COURT: And plaintiffs have objected -- excuse me. The defendants have objected on relevance. I'm overruling that objection because I can't tell whether it is or is not relevant until I hear the further testimony. So it's in evidence so your client can talk about it. (Plaintiff's Exhibit No. 12 was admitted into evidence.) Florida Court Reporting 561- 689 -0999 2e62ce2a- 8669-45aa- 9(38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 95 BY MR. HANNA: Q Mr. O'Hare, basically what was the incident that prompted -- that resulted in you filing a federal lawsuit and your public records request case against the Town of Gulf Stream? A Okay. I'll try to be as brief and as quick as possible. I apologize to the court reporter if I talk too fast. I heard an officer make a racist comment to me about workers at my home. A few weeks later that officer illegally entered my home, searched, took my property, took photographs. I complained to the Town. It led to one retaliation after another. For 18 months I was stonewalled. I could not get any kind of response from the Town other than for the town attorney to tell me I'm working on it, I'm going to bring this to table, we're going to resolve this. Nothing ever happened for 18 months. Then I read the newspaper that Mr. O'Boyle paints clowns on his house and the Town reacts and within one month they've settled with him. That just -- I was just shocked. I tried to be a gentleman and follow the law and be clear about my negotiations with the Town asking for public records to determine things about this officer and got Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866916aa- W38- 22c28cl 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 96 stonewalled right and left. So after Mr. O'Boyle was successful with his antics, which they are antics because we're not conspiring to do anything, he's independent of me, I started asking for more record requests. The purpose of my records requests were to basically start discovery, which I was not able to do because every time I turned around and wanted to bring any of these lawsuits to the court it seemed one stall tactic after another was happening. So my requests were made over and over to determine more of discovery information. The -- every time I asked a question, showed up at a meeting, made a public comment, it seemed more retaliation was lowered on to me whether it was denial of a permit that was granted to my neighbors, whether it was the town manager making up code enforcement actions that didn't exist, and yet I'd spent thousands of dollars defending myself before a special magistrate only to have it dismissed. I felt like I was being retaliated against. I felt the Town was trying to chill my speech. They were punishing me for petitioning the government. They made it a criminal act to bring a court case to ask a judge to intervene and rule. I Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 908- 22c28c147a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 97 just was flabbergasted. But everything I saw was retaliation against me speaking out or seeking the truth or asking for a public record. Q And that was -- those incidents occurred over a time frame of 2012 to 2013? A October 2011 is when the officer did the illegal search and seizure. Q When -- A And then fictitiously filed a fraudulent police report about it. Q When did you start making public records requests? A Soon after that. Q Okay. A In the spring or the summer of 2012. Q Did you know -- were you discussing public record requests with Martin O'Boyle at that point? A No. I didn't even know about Mr. O'Boyle. Q When did you find out about Mr. O'Boyle? A The summer of 2013. Q And what was the reason for that? A I read about it in the newspaper. He had painted pictures on his wall and the Town reacted and responded to him. Q Now, Mr. Sweetapple's going to bring up, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- M8- 22c280 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm assuming, that -- I'm presuming that there's a number of record requests that you make on a given day. Is there a reason why you would do that, multiple requests on one day? A Yes, it was convenient. I spent weeks composing those record requests. It was a single day when it was convenient to send them to the Town. I did not expect the Town was going to answer them all at once, but I composed those over a long period of time, like all my other requests, and sent them out on a single sitting. Q Were some of these requests -- were they all single requests or were some of them follow -ups or clarifications of prior requests? A A lot of the counts there are multiple requests for the same record. First the Town says it doesn't exist, they can't find it. Any excuse you could imagine. I would request over and over. Sometimes I'd have to ask in different ways because the Town was very particular about how they read my request. In addition to that, many of these requests -- how should I put this? The information I was looking for, I wasn't quite sure what it was. So I'd have to make multiple stabs at looking for Florida Court Reporting 561- 689 -0999 2eb2ce2a- 6669- 45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 99 records not quite sure whether it existed or not. Q Now, have you filed lawsuits as a result of some of your public records requests? A Yes. Q How many lawsuits do you have pending currently regarding public records requests? A Public records requests, probably -- maybe 25. Q And are you involved in any other litigation besides -- we know about the federal case. Have you sued the Town on any other cases? A I have a federal lawsuit regarding the policeman and their retaliation of my civil rights. Q Okay. Other than the federal suit? A I have a case where I asked to put a solar collector on my roof, which is allowed by state law and preempts local jurisdiction. The Town didn't do it. I'm suing them over that. Q Okay. A I have another -- I'm sorry. Q Before that had you made a request for a metal roof with the Town that resulted in a lawsuit? A Yes. Q What year was that? A That was in 19 -- I'm sorry. 2012, I Florida Court Reporting 561- 689 -0999 2e62ce2a- 8669-45aa- M8- 22c28c147a89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 100 believe, is when I made the request. Q And that involved a request for a metal roof. Did you -- what was the result of that request for the metal roof? A I was told I needed to go before the Board of Adjustment -- I'm sorry, the Town Commission for them to rule on the town manager's refusal to give me a permit. Q And why did you feel you were entitled to the metal roof? A The town code is very specific. This is unusual because the town code's very vague in many areas, but in this case it's specific that if an engineer certifies in a letter that your roof cannot support the weight of a concrete tile, then a lighter material -- a metal roof is allowed. Q And after -- why did the Town deny you the metal roof, request for a metal roof? Did you provide an engineering certificate? A I followed the code exactly. Q And why did the Town deny you the metal roof? A I can't tell you the reasoning because they were very ambiguous about the reason for the Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9138- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 101 denial. My only assumption is it was further retaliation that the information they got from the police officer who came in my home, which they wouldn't admit to, was somehow influencing their decision or it might be the fact that I had challenged them on so many counts. Q Was it something to do with the Town requesting an engineer's report of their own? A They wanted their own engineer to file -- to come into my home and make a report, which is completely extra to what the Town's code says. You have to understand my dilemma at the time. My engineer's telling me my home would not be safe with a heavy roof. The Town's telling me I better put on a concrete roof or else. If I followed the Town's regulation, I couldn't in good conscious sell that house to an unsuspecting buyer. Q Well, unfortunately the court didn't agree with you; is that right? A We did a Writ of Certiorari, which we were told was the proper means, and there was no opinion given. It was just dismissed on some technicality, which I don't even know what it was. Q Well, when you made -- now, the current case that's pending, that's regarding a solar -- can Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 9f38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 102 you tell us a little bit about the system briefly? A One of the cases pending is because the state statute specifically says local municipalities cannot preempt the state's authority to discourage any kind of energy renewable device. I wanted to have solar voltaic film which is applied to a metal roof with a solar thermal collector underneath. This is so much better than a regular normal silicon wafer glass panel which is destroyed in hail storms and hurricanes, but the Town said no. Q Is it a metal roof or is the metal a component of the system? A The solar collector is a thick film applied to a metal surface, metal roof. Q Is there another -- anything underneath the metal portion? A There are water pipes, plastic water pipes, which circulate water taking heat away from the roof which makes the solar collectors more sufficient. Q Then what's underneath the pipes? A Insulation. Q Okay. A So it's all very lightweight. Probably a third of the weight of the concrete tile. Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669 -45aa- 9138- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 103 Q Is it called a solar sandwich? A Yes. Q Now moving on, are you being sued by the Town of Gulf Stream for anything? A Yes. Q What are you being sued for? A Exercising my right to free speech. I've moored a boat behind the mayor's house with some banners painted on it that basically ask the Town to do the right thing. It may mock some of the leaders in town, which in the tradition of Thomas Nast I felt I was proud of. The Town determined that even though it's navigable water, that I was trespassing on submerged town land and has sued -- is suing me now for trespass. Q And were all these cases pending as of July 2014? A I couldn't tell you the exact date. Q Okay. A You mean before I met Mr. O'Boyle? Q Well, no, this is before the discussions about the RICO litigation by the Town against you. A Oh, I'm sorry. July '14. I was thinking of '13. Yeah, I believe so. Q Is that a yes or a no? Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669-45aa- 9138- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 104 A Yes. Q Now, you ran into Mr. Sweetapple again during the deposition of Scott Morgan? A Yes. Q Was that in one of Mr. O'Boyle's cases? A I think so. I was there on town business and saw the activity. So I went into the room. Q Now, after you saw Mr. Sweetapple there, when was the next time you heard anything about Mr. Sweetapple regarding the Town of Gulf Stream? A I didn't know Mr. Sweetapple was going to be engaged by the Town of Gulf Stream until Mr. Morgan announced it to the commission and recommended his hiring to represent the Town on various actions. Q And -- A It was at a public meeting. Q Did you feel that Mr. Sweetapple was going to be representing the Town against you? A From my experiences with Bob, I thought he was going to be a breath of fresh air, he was going to mediate, he was going to make the Town see reason and not dig its heels in the sand and that we would find some resolution, which is what I've been after all along. Florida Court Reporting 561- 689 -0999 2e62ce2a- 866946aa- 9138- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 105 Q Now, who was the mayor before Scott Morgan was elected in February 2014? A Mayor Joan Orthwein. Q Had you ever had any meetings with her about your issues? A Yes, I met with her twice. Q And what about the town attorney, who's the town attorney for Gulf Stream? A That would be Mr. John Skip Randolph. Q And what firm is he with? A Jones Foster. Q Had you had any discussions with him to try to resolve those issues you've had that you described? A Mr. Roeder and myself met with Mr. Randolph at City Hall, Town Hall. I also met with Mr. Randolph with Ms. Orthwein at another attorney's office, and I met with Joan by herself. Q Now, at some point you -- when did you first hear about the Town taking action against you regarding your public records requests and the other litigation in your case -- in your cases? A That would be the RICO action, which I got wind of when Bob -- MR. SWEETAPPLE: Your Honor, I'm going to Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669d6aa- 908- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1061 object to him going into anything at the settlement conference we had. THE WITNESS: This is prior to that. MR. SWEETAPPLE: That's a written confidential agreement. THE COURT: Yes, sir. BY MR. HANNA: Q Was this in July of 2014? A Yes. Q Okay. And the confidential settlement conference that Mr. Sweetapple's referring to, was that September 3rd, 2014? A Yes. Q All right. So in July of 2014. Was it at the beginning or the end of July? A I think it was towards the end of July, but I'm not sure. Q What were you -- what did you find out? MR. SWEETAPPLE: Object. From whom? Not from me. THE COURT: Sustained. BY MR. HANNA: Q Were you made aware -- did you have any discussions about the Town taking actions against you regarding your public records request and other Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 107 lawsuits in the case? A Yes. Q How did you become aware of that? A Through public record requests. Q Okay. A My records -- I asked for the billing records of Jones Foster. Mr. Sweetapple's name was peppered throughout them with remarks about discuss RICO. Q And did you find out -- was there any other discussions about a potential RICO case against you during July or August? A I believe the -- I'm mixed up on the dates. I know there were articles in the newspaper. I know there were discussions with counsel July or August. Just what you had told me about Mr. Sweetapple's conversations with you. Q Okay. And based on -- what was your understanding of what the Town was planning to do to you? A They were going to slap me with a RICO action. They had already threatened me that if I did not dismiss everything I was going to be included in this RICO. Q Now, at some point -- now, before that Florida Court Reporting 561- 689 -0999 2eb2ce2a .8669.45aa- W38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 108 occurred, July, August 2014, what was your view about Mr. Sweetapple's role in relation to your cases? A I had welcomed him. I know he's a fine litigator and negotiator and I thought he would talk sense to the Town. I actually saw him as an advocate for both of us. Q And what changed your opinion of that? A Discussions in the secret agreement or the confidential agreement which I can't mention. Q And when did you file your motion to disqualify in relation to that meeting? A It was soon after that. Q Now, have you been -- are you involved with CAFE, Citizens Awareness Foundation? A Absolutely not. Q What about the O'Boyle law firm? A They represent me in less than half of my public record cases. Q And Jonathan O'Boyle also is pro hac vice in the federal case? A In the federal case, and he also is helping me with one other case. Q Have you been joined in any lawsuits as a co- defendant with the Martin O'Boyle, William Ring, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- 908.22c28cI47a89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 Jonathan O'Boyle, Denise DeMartini, Giovanna Mesa, Nicholas Taylor, Ryan Witmer, and the O'Boyle law firm? A Some of those attorneys represent me in those, fewer than half, cases I mentioned. Mr. O'Boyle and I are both co- plaintiffs in an anti -shush case for a situation where we were refused to make public comment before an ordinance was passed contrary to state law. Q And are you being sued for a class action? A Yes. Q Have you ever made a public records request to anybody but the Town of Gulf Stream? A No one except in regard to Gulf Stream. I've asked South Florida Water Management, Department of State, but it was always in regard to Gulf Stream. Q Issues you had with Gulf Stream? A Yes. Q Do you routinely appear at the commission meetings? A Just about every one. Q When did you start appearing at commission meetings? A A few months after all this stuff happened Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1101 in 2012. Q Okay. And did you -- was that before you met Martin O'Boyle? A Yes. Q And you would speak on Town issues? A Yes. Q Do you know who Giovanni -- Giovanni Mesa, Nicholas Taylor, and Ryan Witmer, who are they? A They are members of the O'Boyle Law Firm. They represent me in some of these case. Q What about Jonathan O'Boyle? A He's the named partner, I suppose. It's his law firm and he represents me in two cases. Q What about William Ring? A William Ring? I think he's an attorney there and also for Marty O'Boyle's other interests, but I don't think he represents me. Q Other than being a client of the O'Boyle Law Firm, do you have any involvement with their funding or receiving any compensation from them? A I have nothing to do with their operation. Q What about Citizens Awareness Foundation? A I didn't even know that existed until I read about it in the paper with my name attached to it. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 46aa- W38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Florida Court Reporting 561 -689 -0999 2e62ce2a- 8669.45aa- V38- 22c28c143a83 Page 111 Q Okay. Do you know who an individual named Joel Chandler is? A Yes. Q Who is he? A He's part of the First Amendment Foundation. He has a Website called Fog Watch. And we contacted him in regard to helping us make effective record requests that would not be ignored. Q And when did you contact him? A That's gonna be mid 2013. Q Now, how many cases are pending right now where you're named as a co- defendant with Martin O'Boyle, The O'Boyle Law Firm, the individual members of The O'Boyle Law Firm, and other defendants? A I believe that in circuit court a boilerplate of that complaint has been filed in four or five of my cases, if not all of them. Q Have you been served with any of those lawsuits? A You know, I might have been in one. Q Okay. Did you review that paperwork? A I'm sorry? Q Have you reviewed that paperwork? A When you say that paperwork, you mean the Florida Court Reporting 561 -689 -0999 2e62ce2a- 8669.45aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 112 summons? Q Well, the complaint and the -- A Oh, yes, I've read it. Q Okay. A It's fictitious. MR. HANNA: Your Honor, I'm going to seek to introduce Plaintiff's Exhibit No. 5, which are certified copies of the Town of Gulf Stream's meeting minutes. MR. SWEETAPPLE: If I could inquire of counsel if any of them mention me or my firm? MR. HANNA: Your Honor, I believe Mr. Sweetapple is referenced in here, but it also discusses all the pending litigation and the plans. Mr. Richmond at, I believe, the October meeting where the commission voted on approving investigation of the civil RICO case said that he was working closely with Mr. Sweetapple. MR. SWEETAPPLE: Your Honor, I've read through that briefly. I didn't see my name mentioned anywhere. Just note for the record my objection to relevance. THE COURT: Yes, sir. I'm not sure of the relevance. I'll admit it over the objection. (Plaintiff's Exhibit No. 5 was admitted Florida Court Reporting 561- 689 -0999 2eb2ce2a- 666945aa- MB- 22c29cl43a97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 113 into evidence.) THE COURT: What's the time frame on those minutes? MR. HANNA: It is October 2014 through December 2014, I believe. Yes, December. Your Honor, I'm going to seek -- okay. Hold on a second. BY MR. HANNA: Q I'm showing you what's been marked as Plaintiff's Exhibit 9. Can you tell me what that is? A Defendant's motion for leave to file amended answer, affirmative defenses and counterclaim. Q Is that the motion to -- A This is the RICO. Q Okay. I gave you the wrong one. I'm showing you what's been marked as Plaintiff's Exhibit 8. MR. SWEETAPPLE: I have no objection, Your Honor. That's in the court file. It's our motion for leave to file an amended answer, affirmative defenses and counterclaim. THE COURT: Do you want it in evidence? MR. HANNA: Yes, Judge. Florida Court Reporting 561- 689 -0999 2eh2ce2a .8 669 -45aa- 908- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 114 THE COURT: Without objection, No. 8 is admitted. (Plaintiff's Exhibit No. 8 was admitted into evidence.) BY MR. HANNA: Q Can you take a look at that counterclaim, both counterclaims. A I have so looked. Q Okay. Have you been served with similar lawsuits in other cases regarding Martin O'Boyle? A Identical. Q I'm showing you what's marked as Plaintiff's Exhibit 11. Tell me what that is. THE COURT: I think he asked you what that is. THE WITNESS: I'm sorry. I didn't hear you. BY MR. HANNA: Q What is that? A This is a fictitious document by an attorney who should know better. Q Well, without expressing your opinion -- A I'm sorry. It's a class action lawsuit against me and other defendants. Q That's in a federal case? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8859-45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 115 A Yes, United States District Court. MR. HANNA: And this is the RICO case, case number 9:15 -CV- 80182. I ask to admit this into evidence also, Your Honor. MR. SWEETAPPLE: Just note my objection to relevance just for the record. THE COURT: This is the lawsuit filed by Mr. Richmond? MR. HANNA: Yes. THE COURT: Over objection, it's admitted. (Plaintiff's Exhibit No. 11 was admitted into evidence.) BY MR. HANNA: Q Were you present at the last Town of Gulf Stream meeting in February? Not February. What are we? Yes, February. A Yes. Q And did the Town discuss -- was there a discussion regarding the filing of the civil RICO case? A Yes. Q Was Mr. Sweetapple present? A He showed up five minutes before the discussion. Q And what did Mr. Sweetapple say about the Florida Court Reporting 561- 689 -0999 2e b2ce2a-8669-45aa-W38-22c28c 143 a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 116 civil RICO case? A He didn't make any comments to the commission during the public meeting, but when the meeting was adjourned he was the center of attention. Q And what was being -- what did he say about the civil RICO case? A From what I can overhear, he was accepting the accolades of the general sycophants -- I'm sorry, public. Yeah, they were sycophants. MR. HANNA: One second, Your Honor, I just want to make sure. Your Honor, I don't have anything further. THE COURT: All right. Cross - examination, Ms. O'Connor or Mr. Sweetapple. MR. SWEETAPPLE: Your Honor, I'll do it. THE COURT: All right. MR. SWEETAPPLE: Thank you. MR. HANNA: Your Honor, I just would ask the Court to caution Mr. Sweetapple that he -- or remind him that he's still bound by the attorney /client privilege for the 1998 matters from what he can remember. THE COURT: I think you just reminded him of that. You have right to object if you see Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 9f78- 22c28c143a83 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 117 him take a question and raise that privilege. MR. HANNA: Thank you. CROSS - EXAMINATION BY MR. SWEETAPPLE: Q I guess it's now good afternoon, Mr. O'Hare. A Hi, Bob. How are you? Q Good. It seems that you were aware back in April that I was appearing in a case that you filed against the Town of Gulf Stream; right? A Yes, I believe it was April. Q This very case; right? A Yes, sir. Q Okay. And you waited to file a motion to disqualify me until five months later; right? A On advice of counsel, yeah. Q And that was after we had a confidential settlement conference regarding your conduct; right? A In September, yes. Q Okay. Now, you know Mr. Chandler, right, Joe Chandler? A I'm sorry? Q You know Joel Chandler? A Yes, I do. Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669-45aa- M8- 22c28c148a82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 118 Q In fact, when I took your deposition you admitted that Mr. Chandler had met with you and your wife and Mr. Roeder, your attorney; right? A My wife had briefly made an appearance in our meeting. Q And you told me that your wife thought Mr. Chandler was disgusting, right, what he was doing? A She did not approve of Mr. Chandler. Q Right. And you told me under oath that Mr. Chandler was the paralegal that you and Mr. Roeder were using for your public records requests? A Mr. Chandler is helping Mr. Roeder on public records. Q And Mr. Roeder was your attorney? A One of my attorneys. Q And Mr. Roeder filed dozens of public records requests for you, didn't he? A I'm sorry, say again. Q Mr. Roeder filed dozens of public records requests with Gulf Stream for you, didn't he? A Yes, he's interested in getting records too. Florida Court Reporting 561- 689 -0999 2eb2ce2a -86694 6aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 119 Q And did Mr. Roeder pay Mr. Chandler for his services? A I believe Mr. Chandler was paid for helping out. Q Have you ever talked about filing public records requests with Mr. O'Boyle? A No. Q Have you ever e- mailed him about public records requests? A I -- he shared some of the records he's uncovered and I've -- and vice versa. Q And you e -mail back and forth to each other? A Sometimes. Q And you've been to his house? A Yes. Q And you've employed his son to represent you? A Yes. Q Do you have written fee agreements with The O'Boyle Law Firm? MR. HANNA: I'm going to object, Your Honor. THE COURT: MR. HANNA: Legal basis? Privilege. Florida Court Reporting 561- 689 -0999 2eb2cc2a- 8669- 45aa- 9f18- 22c28cI 41a81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 120 THE COURT: The existence of it I don't think would be covered by the privilege. Any details -- MR. HANNA: Also relevancy. THE COURT: Overruled. You can answer, sir. THE WITNESS: Can you repeat that, please? BY MR. SWEETAPPLE: Q Do you have written fee agreements with The O'Boyle Law Firm? A With Jonathan O'Boyle. Q Have you ever paid him any fees? A I've paid him some money. Q Okay. And what about The O'Boyle Law Firm, have you ever paid The O'Boyle Law Firm any money? A I'm not sure how Jonathan divides the money up. Q Well, do you have a retainer agreement with The O'Boyle Law Firm to represent you in the 25 public records request cases you brought? A I'm sorry, an agreement directly with the firm? Q Yeah, to represent you in the 25 public records request cases that you say you filed so far. Florida Court Reporting 561- 689 -0999 2e62ce2a- 866935aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 121 A I believe I do. Q All right. And you maintain a copy of those? A I'm sorry? Q You have a copy of those agreements? A Not on me, no. Q But you have them in your personal records? A I believe I probably do, yes. Q And are you paying them on a contingency or are you paying them a fee? A I haven't paid them in quite a while. So I imagine I owe them quite a bit of while, but I wouldn't call it a contingency. Q So you have an hourly agreement? A It's just a delayed payment. Yeah, it's hourly. I'm assuming it's hourly. Q All right. And you're attempting to obtain attorney's fees in all these cases you filed; right? A I would hope to get that back. Q Now, in terms of this chart, high volume requests -- now, you don't dispute that these 44 aliases -- that you've used 48 aliases to make requests; right? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86694 6aa- W38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 122 A I probably have more accounts I haven't used yet. Q And in terms of high volume requests, you don't dispute, do you, that on or about September 23rd you filed 58 requests? A No, no, those are probably accurate. THE COURT: You need to specify the year. MR. SWEETAPPLE: I'm sorry. 2013, Your Honor. THE COURT: Thank you. BY MR. SWEETAPPLE: Q And you filed 89 requests on October 8th, about two weeks later; right? A That looks about right. Q 89 requests in one day; right? A Well, that's when I sent them to the Town. Q How long did it take you to prepare 89 public records requests, sir? A Well, see, the issue is I could have asked for a single record request with 89 records in it, but when I've done that in the past the Town was very loose about answering them. So I had to divide up all those requests into single requests each. So every record I wanted became an individual request. As far as how long it took me to prepare the 89 Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8589-45aa- 9138- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 123 requests, I imagine hours and hours. Q Okay. And did Mr. Chandler help you to formulate your public records request? A The only thing Mr. Chandler provided me was a boilerplate request that he had used in the past which cited the specific state statute so there would be no doubt in anyone's mind exactly what it was I was referring to. Q And did he talk to you about setting up the Town so that you could try to develop a fee entitlement for all these e- mails? MR. HANNA: I object, Your Honor. It calls for hearsay . THE COURT: Sustained. Mr. Chandler's not an attorney; correct? MR. SWEETAPPLE: He's not an attorney. THE COURT: Sustained. BY MR. SWEETAPPLE: Q And on January 16, 2014 you filed 60 requests in one day; right? A I believe that's probably accurate. Q And there is not a week that went by where you didn't file public records requests; right? A I don't know that. Q In July of last year you filed 19 on the Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 46aa- V38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 124 29th, and then two days later on the 31st you filed 65, and then on the -- well, let's just deal with that. On the 29th of July you filed 19 and the next day you walked in with 65 public records requests and gave it to the clerk at Gulf Stream; right? A No, the 31st isn't the next day from the 29th. Q Okay. Two days later. A Yeah, if that's accurate, then that's what happened. Q So did you come up with these 65 public records requests in the two days between the 29th of July 2014 and the 31st of July 2014? A I don't think so. Q So when did you work on all these public records requests? A I think I had quite a few to send, but if I stopped at number 19 it might have been because my wife said it's time to go. She's the social calendar queen and I do what she says. So I might have been interrupted in sending out the requests. Q How much time did it take you to prepare 65 public records requests? A Well, some of the requests are very extensive and others are very simple. Florida Court Reporting 561- 689 -0999 2eb2ce2a .8669.45aa- MB- 22c28043a83 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HANNA: object. THE COURT: MR. HANNA: all these indiv THE COURT: latitude I gave overruled. MR. HANNA: well -- Page 125 Your Honor, I'm going to Legal basis? The relevancy of getting into idual requests. I'll give them the same you. So the objection's Correct, Your Honor, but -- THE WITNESS: So you'd have to ask me about a specific request if you want a specific time. BY MR. SWEETAPPLE: Q Well, let's just take the 65 requests that you prepared at the end of July in 2014. Just roughly, how long would it take you to file those? A Well, if a request was for something as simple as Q I'm sorry, those are Martin O'Boyle's. I'm sorry, those are Martin O'Boyle's. Yours were filed the day before Mr. O'Boyle's and then the day after Mr. O'Boyle's. Do you have any idea -- did you know Mr. O'Boyle was filing requests on those days? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669d6aa- 9f38.22c28c143ae3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 126 A So the 65 and the 19 were not mine? Q That's not you on those days. A Okay. Now, what was your question, please? Q Do you know that Mr. O'Boyle was filing public records requests at any time? A Yeah, I heard that. Q Okay. And did you ever talk to him about his public records requests? A Only to share a few requests he said I might be interested or I thought he might be interested in. Q And you testified on direct you wanted to copy his antics; do you recall that? A I'm sorry, say it again. Q You said on direct you wanted to copy his antics; do you remember that? A Copy his antics? MR. HANNA: Objection, Your Honor. Mischaracterization. THE COURT: Rephrase the question. BY MR. SWEETAPPLE: Q Did you use the term copy his antics when you referred to Mr. O'Boyle's conduct during your direct? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8889- 45aa- W38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 127 A It's very possible because of the Town's response to him painting clowns on his house where they ignored me for 18 months. Q And you thought his antics were effective and you wanted to use the same antics; right? A You know, free speech, yeah, I thought he was more effective. He obviously had more experience than me in getting the Town's attention. Q And you knew that he had filed hundreds of public records requests to Gulf Stream and ultimately settled and got a cash payment from Gulf Stream; right? A No, he didn't get a settlement for the record requests. Q He got a settlement allegedly for attorney's fees paid to him; right? A He got a settlement because the Town admitted they made a mistake and they apologized to him. Q And he had filed hundreds and hundreds of public records requests before that; right? A I don't know the answer to that. MR. HANNA: Objection, Your Honor. Asked and answered. THE COURT: Mr. Sweetapple, I want to give Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 128 you a little bit of latitude, but this is going to go on all day. MR. SWEETAPPLE: Yeah, I'll save this for the deposition in the case, Your Honor. THE COURT: Yes, sir. BY MR. SWEETAPPLE: Q With regard to me, Mr. O'Hare, we've gone through our records and have one matter opened that was assigned to Mr. Jonas on April 6th, 1998 and it shows no time entered or billed to you. Do you have any bills for any legal services from my firm? A I'm sorry? Q Copies of any bills? A No. We searched our records. I couldn't find anything. Q Do you have a copy of any retainer agreement with my firm? A No, I couldn't find that either. Q And do you have any evidence that you paid my firm any money for any services at any time? A Yes. Q And do you have a canceled check or a wire or some evidence? A Under oath Mr. Jonas has testified that he Florida Court Reporting 561- 689 -0999 2eb2ce2a .8669.45aa- V38- 22c28ci43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 129 knew about the $10,000, that it was unusual that you got it from me ahead of time when most clients didn't do that, and he testified to an extensive file which somehow disappeared. Q Other than Mr. Jonas's testimony, which I submit doesn't say what you just said and the judge will read the testimony -- MR. HANNA: I'm going to object, Your Honor. Argumentative. THE COURT: Sustained. Go ahead. BY MR. SWEETAPPLE: Q Do you have -- other than Mr. Jonas's alleged testimony, do you have any record that any monies were ever paid to my firm? A I also found in my past records a note written on a deposit slip to transfer money from the account to pay you $10,000. Q And you testified that that transfer was not made; right? A No, I don't think I testified to that. Q Did you ever find any evidence that the transfer was made to my firm? A Well, I know I paid you the $10,000. Q Do you have any record of it? A Evidence, no, I don't have anything other Florida Court Reporting 561- 689 -0999 2e b2ce2a-8669-45aa-9f38-22c28c1 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 130 than that deposit slip. Q So -- A Believe me, I looked. Q You say you paid my firm $10,000 in April of 1998? A Thereabouts, yeah. Q And do you say that any other fees were paid to my firm? A I can't recall any others. Q And you don't live in the house -- you don't own the apartment on Ocean Ridge anymore, do you? A No, no. Q And you don't own the house in Gulf Stream you were talking about, do you? A The 530 Middle Road house, no, I don't own that. Q So those code matters you were talking about, you don't even own those properties anymore? A No, I don't. Q And you say you called me about these properties and asked me questions on the phone. Did I ever send you a bill for such conversations? A No. You were very gracious. MR. SWEETAPPLE: Just give me one second, Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9138- 22c28043a83 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 131 Judge. I don't think I have anything more. Judge, I don't have anything further. THE COURT: Any redirect? MR. HANNA: Yes, Your Honor. REDIRECT EXAMINATION BY MR. HANNA: Q Mr. Sweetapple referred to fees that you had paid to The O'Boyle Law Firm or to Jonathan O'Boyle? A Yes. Q He is currently pro hac vice in the federal case and -- A Yes. Q -- in another state court case? A Uh -huh. Q Those monies that you paid to him, were those for attorney services? A Say that again, please. Q Were the fees -- the money that you have paid to The O'Boyle Law Firm or to Jonathan O'Boyle, those were for legal services? A Yes. Q Related to the cases that they're handling for you? A Yes. Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669.45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 132 Q Your records from 1998 and 1999, where are those records? A Right there. Q Well, the other records that you have. Did you search for your records? A I looked through every crate and every storage facility. Q Okay. Do you still have records from 1999 or all your complete records from 1999? A You're talking about general records or -- Q Yeah, financial records, representation contracts. A No, everything has been purged. I happened to find that in old desks that were in storage. Q What did you find? A I found my date books. I found notes tucked away. I found a directory deposit slip, blueprints, things like that. MR. HANNA: Okay. I don't have anything further, Your Honor. THE COURT: Thank you, sir. You can step down. THE WITNESS: Thank you, Your Honor. THE COURT: Your next witness, Mr. Hanna. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 -45aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 133 MR. HANNA: Shelly O'Hare. THE COURT: Where is Ms. O'Hare? THE WITNESS: I'll go get her. MR. HANNA: She should be very brief, Your Honor. THE COURT: Good afternoon, Ms. O'Hare. Ma'am, would you face the clerk, please, right over there, and raise your right hand. THEREUPON, SHELLY O'HARE, called as a witness by the Plaintiff, having been first duly sworn by the Clerk, in answer to questions propounded, was examined and testified as follows: THE WITNESS: Yes, I do. THE COURT: Thank you, ma'am. Have a seat, please, and watch your step. DIRECT EXAMINATION BY MR. HANNA: Q Can you tell us your name? A My name is Shelly Childers O'Hare. Q And are you married to Christopher O'Hare? A Yes. Q How long have you been married to him? A 31 years. Florida Court Reporting 561- 689 -0999 2eb 2ce2a-86 69 -4 5 a a-W 8-22c 2 8 c 143a83 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 134 Q Do you know somebody named Robert Sweetapple? A He was our attorney back when we were fighting Ocean Ridge. Q And that was in 1998? A 1998. Q Did you know Mr. Sweetapple before that? A I went to Nova High School. The Sweetapples also went to Nova High School. Q You said Sweetapples? A Right. There were boys in the family. Q And did one of Mr. Sweetapple's brothers date one of your friends? A Yes, he did. Louis Sweetapple, who is Bob Sweetapple's younger brother, dated and I think was engaged for a very short time to my really good friend from junior high school, Diane Scully. Q Does she go by a different name, married name? A Diane Falck. Q Okay, Falck. A F- a- 1 -c -k. Q Are you still in touch with Diane Falck? A I do. Q And do you still see her currently? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f18- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 135 A I do. We saw her a couple weeks ago. She cleans my teeth. She's a dental hygienist. Q Have you been in touch with her since high school and college? A For all those years, yes. Q And do you know another Diane, Colonna? Colonna? A Diane Colonna. Q Colonna. And how do you know her? A I went to graduate school with Diane in 1979, 179, 180. Q So you've known Diane and Diane since the '70s and '80s? A Correct. Q When the incident with Ocean Ridge occurred in '97, '98, how did you come to hire Bob -- Robert Sweetapple to be your attorney? A Diane Falck said that Louis's brother was practicing in Palm Beach County. Then I asked Diane Colonna, this other friend that I knew from graduate school, she was then -- she had a number of positions in Delray, but I think at that time she was in charge of the community redevelopment agency, but before that she was assistant planning director and then planning director for the city. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669-45aa- M8- 22c28043a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 136 So I asked her if she had heard of Bob Sweetapple. She said that he represented this guy Batmasian that owned a lot of buildings on Atlantic Avenue and that she thought he was a good attorney. So with those two recommendations, we went with him. Q Was he a good attorney to go against government entities? A I think he did a good job for us, yes. Q Now, did you ever -- with that information about Robert Sweetapple, what did you do? Did you hire Robert Sweetapple directly or did -- A Chris dealt with -- with Bob at that time. Q Why did Chris deal with him and not you? A It was a busy time for me. Q And what were you going -- what were you doing? A We were in the process of adopting two children, which we adopted in 1998 in August and December as newborns. So I was working with the birth mothers, the adoption attorney. I was also trying to extricate myself from the marketing and advertising that I was doing for our small business. Q Okay. And you worked for your husband's small businesses? A Well, we're partners in it, yes. Florida Court Reporting 561- 689 -0999 2eb2cc2a- 8669- 45aa- 9f38- 22c2Bc 143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 137 Q What was your role in the businesses? Were you more an office worker? A Marketing primarily. Q Now, during the period in 1998 when the Ocean Ridge matters were going on, did your husband discuss with you Robert Sweetapple's representation of you? A Well, he would come home and say I talked to Bob and he said to do this or -- yeah, he would give me brief updates of what was happening. Q Do you know an individual named Heath King? A Yes. Q Okay. Who is Heath King? A He was a therapist that Bob recommended that we go to. Q Okay. Did you actually go to any of those sessions? A I did go to a few. And I'm grateful for that recommendation because I was under a lot of stress at the time. I think it was beneficial. Q Did you go to all of the sessions or -- A No. Q Did Chris go -- your husband go by himself to these sessions? Florida Court Reporting 561- 689 -0999 2eb2ce2a .866945aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 138 A Yes. Q Now, during this time there was the -- do you recall the code enforcement hearing for 21 Tropical Drive? A I don't recall a specific hearing, but I know that we owned that building that was going through these legal hassles at that time. Q Did you have any involvement with an attorney named Edwin Jonas? A Not that I recall, but when I was in deposition Bob showed me a paper that I had signed at the same time that Mr. Jonas was there. So I'm sure we met, but I don't recall conversations with him or his name prior to that until being shown that piece of paper. Q The code enforcement, were there other issues that Chris -- that your husband had and you had with the Town of Ocean Ridge regarding the treatment of you in 1998? A Well, it was a long drawn out business. Q What was your concern about the 21 Tropical Drive and the permitting issue? A That the Town had given us a permit for the roof and that they could revoke that permit. We had already spent a lot of money taking that roof Florida Court Reporting 561- 689 -0999 2eh2ce2a- 8669- 45aa- V38- 22c28c147a87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 139 from a flat roof, jalousie window building to a pitched roof and we spent a lot of money. We had -- the tenants moved out. It was a bad crowd that was in there, just -- we were really cleaning the place up. It had cost us a lot and it was costing us a lot. If they came to us and said, no, we're going to take that permit away that we gave you, then we would financially really be distraught and -- Q Now, when you -- A That's where we were at that time. Q You signed a stipulation agreement for the code enforcement settlement; is that right? A I was shown that paper, yes. Q When you went there, do you -- you don't remember Mr. Sweetapple being there, you testified before? A I don't. Q Okay. Do you remember Edwin Jonas being there? A I don't. Q Why did you come to that? Who called you to come there? A Chris probably told me to go. I was co -owner of the building. So that's -- I just Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669- 46aa- 9f18- 22c2Bc141a81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 140 didn't deal with the attorney specifically, but -- Q Now -- A I own the building with Chris. Q Did your husband talk about Mr. Sweetapple representing you just one time or were there numerous discussions about that? A Numerous times he would say I talked to Bob today, this is what happened, this is what's going on, this is the approach we're gonna take, strategy, things like that. So -- MR. HANNA: I don't have anything further. THE COURT: Thank you. Cross - examination? MS. O'CONNOR: Yes, Your Honor. THE COURT: Ms. O'Connor. CROSS- EXAMINATION BY MS. O'CONNOR: Q Good morning, Ms. O'Hare. A Hello. Q My name's Joanne O'Connor. We met briefly at your deposition. I'll be brief again today. Did you search for any documents that you or your husband might have had in terms of agreements with Mr. Sweetapple or his law firm? A No, I did not. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa- 9f38.22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 141 Q Well, you don't remember ever seeing a written fee agreement with Mr. Sweetapple or his law firm; isn't that right? A He was our attorney, but, no, I do not remember seeing anything written. He was a household name in our house at that time. Q You don't remember ever writing a check for payment to Mr. Sweetapple or his law firm; isn't that right? A I do not. Q And you don't know if Mr. Sweetapple or his firm were ever paid for any of the work that they did -- that you claim they did in Ocean Ridge; is that right? A Say that question again. Q You don't know if Mr. Sweetapple's firm was ever paid for work that they did related to -- A I would assume they were because we pay all of our bills. So -- Q But you don't know; is that right? A Not unless I saw a canceled check, no. Q Okay. You've testified that Mr. Sweetapple represented you and your husband in a permitting issue involving an apartment building that you and your husband owned in Ocean Ridge in Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669 -45aa- 9(38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 142 1998; is that right? A I don't believe it was a permitting issue, POP Q Okay. But the issue involved an apartment building that you and your husband owned in Ocean Ridge in 1998; correct? A Say that again, please. Q Sure. A I wear hearing aids and one of them is out to the shop. So I only have one hearing aid. So I'm a little hard of hearing. Q The issue that you believe Mr. Sweetapple represented you and your husband on involved an apartment building that you owned at 21 Tropical Drive in -- A It did involve an apartment building, that's correct. Q And that was in 1998; correct? A That's correct. Q Okay. And you know generally that the legal issue was that the person who owned the vacant lot next door to your apartment building was upset that the roof that you put on blocked his ocean breezes? A That's correct. Florida Court Reporting 561 - 689 -0999 2eb2ce2a- 8669-45aa- 9f38- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 143 Q Okay. But your husband handled the specific legal issues regarding this matter; isn't that right? A He communicated with the Town and with Bob Sweetapple and handled all of that. I was busy working with -- Q You never -- A -- working with the new family members coming in. Q Okay. And you never communicated with Mr. Sweetapple or anyone in his firm regarding these matters? A I don't remember doing that, no. Q Okay. You don't know any specifics about the case that we're here on today, do you? A About Mr. -- whether Mr. Sweetapple represented us? Q No, this case that's before Judge Blanc that your husband has sued the Town of Gulf Stream for? A I know a little bit. I know the generalities. I was grilled for three and a half hours by Mr. Sweetapple -- Q So you know -- A -- in a deposition. He -- we hired him Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 144 when we owned that building to represent us and it was kind of us against the Town of Ocean Ridge. We didn't want our permit revoked. Now he's on the other side and he's pointing the sword at us personally. You can't do that. You can't -- we can't hire someone and then they kind of know, oh, this is the strategy, this is how they're thinking, this is what this person would do, this is probably what they'll do next, and then go on the other side and work against us. It's not right. So that much I know. This is not right. Q Ms. O'Hare, other than what you may have learned at your deposition, aside from one lawsuit involving a police officer who came by and had you remove trees in the right of way, isn't it true that you know nothing about any of the lawsuits your husband's filed against Gulf Stream? MR. HANNA: Objection, Your Honor. Counsel's testifying. THE COURT: Can you restate the question, please? MS. O'CONNOR: Sure. BY MS. O'CONNOR: Q You don't know anything about how many suits, lawsuits, your husband's filed against the Florida Court Reporting 561- 689 -0999 2eb2ce2a- 86694 5aa- W38.22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 145 Town; isn't that right? A I know it's 20 something because a lot of it involves public records. When he started looking into public records, he was getting false police reports. It really looked like there's a whole bunch of stuff going on. So he said, I'm gonna -- let's find out what's really happening here. Q And that's something that you've learned since your deposition; isn't that right? A Yes. Q Okay. At the time of your deposition you didn't know how many suits that your husband had filed against the Town? A He's handling that. I don't handle lawsuits. Q And you didn't even have any idea how many public records requests in total your husband has made to the Town of Gulf Stream; isn't that right? A It's my view that any person, any citizen of the Town can make a public record -- can make many public record requests of the Town. If the Town needs to go and hire someone to help them punch up the new record and send it along to the person making the request, then the Town should do that. I don't see where there's a problem. Chris is getting Florida Court Reporting 561- 689 -0999 2eb2ce2a -8 669d6aa- 9138- 22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 146 persecuted for requesting public records, which are public records, records available to the public. Q Ms. O'Hare, the issues that you and your husband had with Ocean Ridge in 1998, they didn't involve any public records litigation; isn't that right? A To my knowledge, no. Q Okay. And you just don't think it's right for an attorney to have a relationship with a client 17 years ago and then years later to represent another client against that person; isn't that right? MR. HANNA: Objection, Your Honor. Argumentative. THE COURT: Overruled. You can answer, ma'am. THE WITNESS: I believe that it was us against the Town of Ocean Ridge. Bob Sweetapple was there for us. He did a good job. Chris talked to him. They strategized, let's work it out. They came to a settlement. Great, it's over. Now it's Bob Sweetapple for the Town of Gulf Stream. When he was hired it was like, oh, great, this is great, he's a good attorney, he's gonna Florida Court Reporting 561- 689 -0999 2e62ce2a -866945aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 147 straighten things out, isn't that wonderful when Chris told me that Bob Sweetapple was hired. Then they're gonna file a specific lawsuit against Chris. I'm like, wait a minute, he was our attorney, he can't do that. That's not right. You can't -- you can't know how someone's mind operates and what their strategies are and they how think and then go and come against them. That's not right. THE COURT: For the record, I'll take that as a yes to your question. MS. O'CONNOR: No further questions, Your Honor. Thank you. THE COURT: All right. Any redirect? REDIRECT EXAMINATION Q What was the issue that you felt or the issues that -- A Wait. Please come to the microphone. Q I'm sorry. What were the issues with the Town of Gulf Stream that you felt that Mr. Sweetapple was representing you with -- for? A What were the issues -- Q With the Town of Ocean Ridge that you felt Florida Court Reporting 561- 689 -0999 2eb2ce2a- 6669d6aa- 906.22e26c143a63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 148 Mr. Sweetapple was representing you for? THE COURT: In 1998? MR. HANNA: In 1998. THE COURT: In 1998. THE WITNESS: The person that had the vacant lot, which it's still vacant, next to door to this building, which was three lots from the ocean, felt that his ocean breezes and his potential view were being blocked by us going from a flat roof to a pitched roof. We had gotten a permit for the pitched roof. We were in the process of putting it up. Then this guy has a problem. So he sued the Town. This was my understanding. He sued the Town or went to the Town and said, hey, you shouldn't have given those people that permit for the roof because it's gonna be detrimental to my property. So that's why we needed a -- yeah, we really felt like, oh, this could bloom into something more, we need representation, we own this building, this is our investment on the line. BY MR. HANNA: Q And the code enforcement action, was that Florida Court Reporting 561- 689 -0999 2eb2ce2a -8669- 45aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 149 j also part of it? A I remember there was something with code enforcement and they -- they came through the building, but I don't remember specifically about that. Q In your deposition do you recall Mr. Sweetapple discussing how he represented the Town in the RICO case? MS. O'CONNOR: Objection, Your Honor. THE WITNESS: No. MS. O'CONNOR: Lack of scope. MR. HANNA: I don't have anything further, Your Honor. THE COURT: Thank you, ma'am. You can step down. Your next witness, Mr. Hanna? THE WITNESS: Can I leave the courtroom? THE COURT: Yes, ma'am. MR. HANNA: Plaintiff will call Robert Sweetapple. THE COURT: All right. Mr. Sweetapple, come on up. Let's let the clerk swear you in. THEREUPON, ROBERT SWEETAPPLE called as a witness by the Plaintiff, having been Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.46aa- V38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 150 first duly sworn by the Clerk, in answer to questions propounded, was examined and testified as follows: THE WITNESS: I do. THE COURT: Have a seat. Please watch your step. All right, Mr. Hanna. DIRECT EXAMINATION BY MR. HANNA: Q Can you tell us your name? A Robert Sweetapple. Q Sorry for turning my back to you. A No problem. Q And what is your professional address? A 20 Southeast 3rd Street, Boca Raton, Florida. Q And you're an attorney? A Yes, I am. Q Licensed by -- in the State of Florida? A Yes, I am. Q Are you licensed anywhere else? A No. Q How long have you been an attorney? A 35 years. Q When were you first licensed? Florida Court Reporting 561- 689 -0999 2eh2ce2a -8669- 45aa- 9f38- 22c28cl43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 151 A May 15, 1980. Q And do you practice in a firm called Sweetapple, Broeker and Vargas? A Yes, I do. Q Got the name right. In 1998 were you practicing in that firm? A Yes, I was. Q Did you represent Christopher O'Hare and Shelly O'Hare? A Not that I have any recollection of. I have no recollection of either of those individuals. Q Do you recall speaking to Christopher O'Hare in 1999 regarding an issue with the City of Boynton Beach? A No, I don't. Q Do you recall speaking with Mr. O'Hare regarding issues that he had with the Town of Gulf Stream regarding a screened enclosure? A I have no recollection of any conversations with Mr. O'Hare or who he was until he approached me at Mr. Morgan's deposition last year. Q Had you ever met Mr. O'Hare before that point? A Not that I recall. Q Had you ever heard his name before? Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669 <9aa- W38- 22c28cl 43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 152 A Not that I recall. Since then I've seen documents that show he was in my office and that I made a call for him. Q Now, you went to Ocean Ridge to search the public records in October 2014 after we provided you with the Ocean Ridge documents with your letterhead and Mr. Nicoletti's memo? A That's not correct. Q What did you go to Ocean Ridge and research the records? A Shortly after you went there. Q That was in October 2014? A Right, before you gave me the records. Q But you went there after you found out I had gone there; correct? A That's correct. Q You have a -- in 1998 did you have a client management system, case management system? A We had the same system that we used until recently called Dapix. Q Okay. How does that function? What does it do? A I'm not intimately familiar with it. I've never reviewed it, studied it. I know that it is a computer system where you input a client's name and Florida Court Reporting 561- 689 -0999 2eh2ce2a- 860-4Saa- M8.22c28cI43a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 153 number and any trust account records, deposits, payments. All of the time slips are put into it. It creates the bills and it has a running balance of all of our client matters and fees that we've ever billed or received since probably the last -- I would imagine we've had that for 20 years or so. My paralegal can give you the exact time. Q Now, on December 22nd, 2014 I took your deposition. Do you recall that? A I do. Q And I also took the records custodian for the different law firm entities that you practiced in under Sweetapple, Vargas and Broeker? A Right, which we agreed would be me and I would testify in lieu of my paralegal. Q And you researched -- before that deposition you had researched or looked through your files to see if there was any documents for Christopher O'Hare? A I had my staff look through all of our records. As I said in my opening, when I came back the first time I heard that Mr. O'Hare said I had represented him, I assumed it was a case -- the only case I could think of in Ocean Ridge was a lawsuit that I participated in for about a year. I had my Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8889- 48aa- 9f38- 22c28c143a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 154 paralegal check those records on -line to see if he was a client. He wasn't. Ultimately we were able to find a Dapix entry for a client number, I think it was 434, for Mr. O'Hare and it showed that it had been assigned to Mr. Jonas. It had his initials on it. Then we ran a billing search to see any fees that were billed or collected for Mr. O'Hare from 1998 to the present and there were no time entries or billing records. THE COURT: Let me interrupt for a minute. How much more time do you need for your direct? MR. HANNA: It's probably going to be about 15 minutes. THE COURT: And you have another witness after this? MR. HANNA: No, I believe Mr. Sweetapple will be it. THE COURT: And are you cross examining yourself or are you testifying on direct thereafter? MR. SWEETAPPLE: I'll have to defer to Ms. O'Connor. MS. O'CONNOR: I may or may not have five minutes of questions. Florida Court Reporting 561- 689 -0999 2eb2ce2a- 8669.45aa.9f78.22c28cI47a83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 155 MR. SWEETAPPLE: I don't think I'm going to ask myself questions. THE COURT: I'm being asked to come to a scheduling meeting. So I'm going to need to recess at this point in time. So why don't you plan on being back here at 1:30. We'll finish at that time. Get some lunch and we'll finish up, all right. MR. HANNA: Thank you, Judge. THE COURT: Thank you. We'll be in recess till 1:30. (Continued in Volume II.) Florida Court Reporting 561- 689 -0999 2eb2ce2a- 866945aa- 9f38- 22c28c143a83 A -u 78:7 a.m 1:25 5:6 87:23 87:24 AIA 46:23 48:6,17 Aaskov 44:9 46:1,1 46:14 50:7,10,12 50:14 65:4,5 abate 69:16 able 36:16 79:10 96:7 154:3 above - entitled 5:2 absolutely 21:7 24:15 25:3 74:11 108:16 abstained 8:17 42:2 abused 8:20,25 abusive 19:24 accepting 116:8 access 61:24 accolades 116:9 account 129:17 153:1 accounts 122:1 accurate34:20 122:6 123:21 124:9 accurately 34:18 act 70:12 96:24 acted 52:1 action 6:24 12:10 56:18,22 70:10,22 81:10 105:20,23 107:22 109:10 114:23 148:25 actions 10:13 11:21 13:11,17,21 14:1 43:23 46:20 70:13 96:18 104:15 106:24 activities 64:19 activity 104:7 Adams 46:1,2,14 add 22:14 80:3 added 33:17 34:12 35:15 addition 32:17 63:5 98:22 additional 46:17 address 32:22 77:1 77:20 78:6,8 150:14 addressed 69:25 adjourned 116:4 adjust 28:22 Adjustment 36:9 37:6,10,12 42:14 44:12 50:15 100:6 admission 38:24 44:17 58:13 94:14 admit 94:12 101:4 112:24 115:3 admits 17:25 admitted 4:3 27:21 35:1,2 45:20 59:23 94:23 112:25 114:2,3 115:10,11 118:2 127:18 adopt 30:24 31:11 52:9 adopted 30:22,23 67:9 136:18 adopting 31:15 136:17 adoption 31:11 67:23 68:6 136:20 adoptions 31:7 67:9 69:3 advantage24:22 advertising 136:22 advice 10:22 70:18 70:18 79:13 117:17 advocate 44:15 108:7 affidavit 21:24 58:21,24 59:11 affirmative 20:3 113:13,23 afraid 85:18 afternoon 117:5 133:6 agencies 29:9 31:15 31:19 agency 31:20,22 135:23 agenda 64:23 ages 30:18 aggravated 67:7 ago 7:5 20:16 30:15 78:9 135:1 146:10 agree 101:18 agreed 25:22 60:22 60:23 61:2 153:14 agreement23:17 31:8 51:25 54:12 54:12 56:7 57:16 59:9 60:5 61:4 69:18 83:8 106:5 108:9,10 120:19 120:22 121:15 128:18 139:12 141:2 agreements 119:20 120:9 121:5 140:24 ahead 26:17 28:24 88:15 91:17,20 129:2,10 aid 17:1 142:10 aide 28:15 aids 142:9 air 62:5 64:12 69:23 104:21 alcoholic 36:7 aliases 17:22,25 18:10,19,23 19:13 19:14 121:24,24 allege 6:22 alleged 17:4 86:20 90:8 129:13 allegedly 127:15 alleging 8:1,20 9:7 20:2 allow 51:12 87:10 allowed 62:11 80:10 99:16 100:16 allowing 51:9 ambiguous 100:25 amend 14:4 16:11 86:16 90:10 amended 1:15 5:11 91:24 113:13,22 Amendment 111:5 amount 6:8 41:18 analysis 81:12 82:7 anger 66:20 animosities 9:1 animosity 9:15 46:7 animus 57:8 announced 49:6 104:13 answer 20:3 28:7 60:12 93:24 98:8 113:13,22 120:5 127:22 133:12 146:16 150:1 answered 127:24 answering 122:22 anti -shush 109:7 antics 96:3,3 126:14,17,18,23 127:4,5 anybody 56:23 70:23 72:5 109:13 anymore 19:21,21 130:11,19 anyone's 123:7 apartment 7:11,22 8:119:5 13:19 19:20 32:16 49:19 51:5 61:16 62:7 67:5 130:11 141:24 142:4,14 142:16,22 apartments 34:8,9 apologize 95:7 apologized 127:18 apparently 20:13 21:20 28:16 appear 109:20 appearance 13:1 14:20 41:10 118:4 appearances 5:14 Florida Court Reporting 561- 689 -0999 1 appeared 12:20 22:17 85:22 89:6 90:1 appearing 2:1,8 93:4 109:23 117:10 appears 22:13 appellate 91:9 applied 12:4 80:1 102:6,14 appreciate 20:11 approach 140:9 approached 151:21 appropriate 93:21 approval 41:23 approve 118:9 approved 8:16 43:20 approving 112:16 approximately 11:7 13:2 37:1 39:2 40:5 49:14 76:20 April 9:12,13 10:15 20:21,23 21:10,13 23:8 54:16 55:14 56:24,25 57:11 64:16 71:10 90:20 117:9,12 128:9 130:4 architect44:10 Architectural 81:7 architecture 79:7 area 51:10 77:22 areas 100:13 arguing 85:22 argument 25:9,14 87:19 93:15 Argumentative 129:9 146:14 arranged 31:13 articles 107:14 artificial 29:16 aside 69:23 144:13 asked 15:5 23:14 44:12 51:24 53:5 58:171:22 75:22 79:13 84:11 88:8 96:13 99:15 107:6 109:15 114:14 122:19 127:23 130:22 135:19 136:1 155:3 asking 95:24 96:5 97:3 aspect47:6 asset 47:19 assigned 23:10 128:9 154:5 assistant 135:24 assisted 79:9 assume 71:2 141:18 assumed 153:23 assuming 87:10 98:1 121:17 assumption 101:1 assurance 89:4 assured 24:13 astronomical 81:15 Atlantic 136:3 attached 79:9 110:24 attaching 59:20 attacking 25:6 attempting 121:18 attend 88:5 attended 39:15 attention 48:1 61:1 89:2 116:5 127:8 attic 49:20 attorney 15:10,11 15:1821:15 31:12 36:7,22 47:4 48:25 49:6 52:2 69:9 86:1192:9 95:16 105:7,8 110:15 114:21 118:3,17 123:15 123:16 131:17 134:3 135:17 136:4,6,20 138:9 140:1 141:4 146:9 146:25 147:5 150:17,23 attorney's 105:18 121:19 127:16 attorney /client 75:7 116:22 attorneys 39:8 72:7 84:12 109:4 118:18 An 78:4,7,16,17 August 10:15 18:17 30:19,25 67:10,11 107:12,16 108:1 136:18 authority 74:3 102:4 authorization 49:2 authorized 81:5 automatically 71:2 available 146:2 Avenue 29:5 78:7 136:4 aware 8:4 106:23 107:3 117:9 Awareness 86:2 90:5 108:15 110:22 awnings 34:12 B4:1 baby 67:18 back 20:12 21:14 31:24 42:25 43:25 49:9 68:4 70:1 80:4 85:2 87:17 88:191:9 94:1 117:9 119:12 121:21 134:3 150:12 153:21 155:6 background 44:23 backstop 12:5 14:13 backyard 12:5 14:13 bad 139:4 BAILEY 3:19 balance 153:3 ballistic 12:5 14:12 banners 103:9 Bar 29:12 barely 36:8 Barney 11:14 based 6:21 15:25 36:17 74:4 92:9 93:1,15 107:18 basically 7:17 29:16 41:17 47:6 48:17 50:17 56:8 60:5 65:5 67:16 76:4 82:9 95:2 96:6 103:9 basis 48:4 65:13 82:15 119:24 125:3 Batmasian 39:20 136:3 beach 1:12:3,10 5:4,5 10:20 22:16 30:1,2,7 31:25 32:3 39:18,20 48:9 75:12,18 135:19 151:14 began 11:17 13:5 beginning 37:4 55:8 78:13 85:7 106:15 behalf 2:1,8 22:18 28:6 52:1 93:5 behavior 63:1 behinds 84:14 believe 14:7 18:9 23:8 37:5 41:19 55:21 61:21 63:13 65:12 68:12 78:25 84:19 100:1 103:24 107:13 111:16 112:12,15 113:5 117:12 119:3 121:1,9 123:21 130:3 142:2,12 146:17 154:17 believed 22:5 bench 29:11 beneficial 137:21 benefit 81:12 82:7 best 41:21 60:8 61:6 bet 67:20 Bethesda 69:1 better 40:18 101:15 102:8 114:21 beyond 34:13 36:21 bible 74:9 big 49:25 biggest 13:24 bike 46:23 48:6,7,9 48:14,23 bill 47:4 130:23 billed 23:5 128:10 153:5 154:8 billing 23:4,6 107:6 154:7,9 bills 128:11,14 141:19 153:3 birth 31:1,8,13,17 57:7 63:8 66:25 67:13,15,25 68:2 68:3,9 69:4 136:20 bit 28:13 85:20 90:17 102:1 121:13 128:1 143:21 Blanc 1:16 5:3 143:18 Blanc's 72:11 blew 49:25 block 93:7 blocked 36:14 142:23 148:9 bloom 148:20 blown 41:1 blueprints 132:19 board 36:8 37:6,10 37:12 42:14 44:12 50:15 58:4 79:8 81:6,7 100:5 boards 90:14 boat 103:8 Bob 39:16 58:2,3,4 Florida Court Reporting 561- 689 -0999 2 62:25 66:19 71:16 71:22,22 104:20 105:24 117:7 134:14 135:17 136:1,12 137:9,15 138:11 140:8 143:4 146:18,22 147:2 Bob's 70:11,17,19 Boca 2:13 31:12 48:8,18,25 53:18 66:1 150:15 bogus 18:12 47:9 boilerplate 111:17 123:5 books 132:17 Boose 47:4 born 31:5 67:10,11 68:7,20,2169:1 bought 38:13 bound 75:6 116:21 BOX 2:3 Boynton 10:20 30:7 75:12,18 151:14 boys 134:11 brain 21:6 break 88:5 breath 104:21 breezes 142:24 148:8 brick 80:2 81:17 82:1,16,2183:14 Bridges 44:10 45:23 48:1,2 50:3 65:3,6 brief 87:15 95:6 133:4 137:10 140:21 briefcase 54:23 briefly 20:2142:9 87:18 88:17,19 102:1 112:20 118:4 140:20 bring 16:11 49:10 60:25 95:17 96:8 96:24 97:25 brings 42:25 broad 91:7 Broeker 2:12 151:3 153:13 broken 17:20 33:2 brother 134:15 135:18 brother's 24:5 52:10 brothers 134:12 brought 16:13 47:25 64:22 89:7 90:7 120:21 brouhaha 69:18 Broward 30:3 buddies 50:16 buddy 50:7 build 11:4 building 7:11,12,21 7:22 8:11 13:19 19:20 34:19 35:7 35:16 38:6,9,12 38:13 45:10 47:7 47:7,18 51:11 62:7 67:5 79:10 81:1,1 138:6 139:1,25 140:3 141:24 142:5,14 142:16,22 144:1 148:7,22 149:4 buildings 35:5 136:3 built 36:15 bulldozed 48:16 bunch 80:2 145:6 Burp 18:3 business 29:17 30:5 30:6 32:17 56:9 57:7 67:5 70:24 71:4 104:6 136:22 138:20 businesses 136:24 137:1 busy 136:14 143:5 buyer 101:17 CAFE 108:15 calendar 124:20 call 21:16 22:14 27:23 81:194:6,9 94:13 121:14 149:19 152:3 called 11:14 23:2 24:3 28:6 40:1 52:19 53:156:17 57:17 64:12 66:11 69:21 71:16,22 77:15 78:4 80:7 103:1 111:6 130:21 133:11 139:22 149:25 151:2 152:20 calls 65:20 123:13 camera 72:6 73:25 74:4,17 canceled 128:23 141:21 candidate 84:18 Candidly 23:20 capacity 37:20 care 16:20 31:14,14 66:25 67:22,25 68:2 carried 69:19 case 1:3 4:116:23 7:19 8:3,13,18 11:23 12:18 13:6 13:25 14:4,9,21 14:22,25 16:12 17:2,3,7,15 19:3,3 19:5,11,19 20:15 25:2 38:18 40:20 40:23 54:1,4 63:6 81:1185:10,21,21 85:23 89:1,2,15 89:25 90:3,11,12 90:17,19,24 91:1 91:9 92:2,4,5,6,18 92:19 95:5 96:25 99:11,15 100:13 101:25 105:22 107:1,11 108:21 108:22,23 109:7 110:10 112:17 114:25 115:2,3,20 116:1,7 117:10,13 128:4 131:12,14 143:15,18 149:8 152:18 153:23,24 cases 12:10 13:2,14 14:2 15:9 17:21 24:25 72:17,21 86:15 89:3,5,6,10 90:9,24 93:5,12 93:15,19 99:11 102:2 103:16 104:5 105:22 108:3,19 109:5 110:13 111:11,18 114:10 120:21,25 121:19 131:23 cash 127:11 casual 65:12 cause 5:3 36:1 37:25 39:19 caused 10:14 caution 116:20 cement 75:17 center 77:16 116:4 centered 77:15 certainly 19:10 certificate 63:8 100:20 certified 19:7,7 44:18 58:14,23 112:8 certifies 100:14 Certiorari 101:20 cetera 92:12 challenged 36:17 101:6 challenges 46:10 challenging 47:9 chance 27:13 67:1 68:5 Chandler 19:15,16 111:2 117:21,22 117:24 118:2,7,9 118:12,15 119:1,3 123:2,4 Chandler's 123:15 change 67:13 72:11 80:15 changed 34:10 68:3 68:9 108:8 changing 67:13 charge 36:8 81:2 135:23 charges 61:3 Charlotte 31:12 68:1 chart 121:22 charts 16:25 check 53:15 128:23 141:7,21 154:1 chief 36:7 62:9,10 62:15,18 64:4 Childers 30:13 133:21 children 30:16,21 31:9 136:18 chill 96:22 Chinese 31:20 choice 72:22,23 choose 27:20 choosing 56:12 Chris 65:3 136:12 136:13 137:24 138:17 139:24 140:3 145:25 146:20 147:2,4 Christopher 1:5 3:3 12:24 13:8 27:24 28:5 29:3 133:22 151:8,12 153:19 chunks 27:3 circuit 1:1,1 37:13 111:16 circulate 102:18 cited 9:5 123:6 Cities 38:20 41:19 citizen 145:19 Citizens 86:190:5 108:15 110:22 city 5:5 7:20 105:16 135:25 151:13 civil 10:12 11:23 Florida Court Reporting 561 -689 -0999 9 13:6,25 14:8,15 14:21,25 19:7 56:1170:15 88:4 89:25 92:18 99:13 112:17 115:19 116:1,7 claim 49:23 141:13 claimed 24:19 claims 20:169:23 71:7 clarifications 98:14 clarified 93:11 clarify 63:13 71:17 94:3 class 109:10 114:23 clean 36:5 cleaning 82:17 139:5 cleans 135:2 clear 19:4 21:10 48:15 95:23 clerk 18:20 26:6 27:13 28:2,7 124:5 133:7,12 149:22 150:1 clerk's 54:22 client 13:8 16:1 17:8 24:20 40:4 65:3 75:190:4 94:21 110:18 146:9,11 152:18 153:4 154:2,4 client's 152:25 clients 129:2 close 50:19 closed 22:20 closely 89:24 112:18 cloudy 63:25 clowns 95:20 127:2 club 50:6 Co- counse126:7 co- defendant 86:20 90:4 108:25 111:12 co -owner 58:9 139:25 co- plaintiffs 17:21 109:6 coach 24:10 code 9:6,10 11:19 12:14 13:23 36:19 42:14 44:5,24 47:1,2,3,5 50:21 51:4,9,12,17 52:3 52:14,19,22 54:9 54:15 56:12,20 58:7 60:3,25 61:20 64:8 96:17 100:11,21 101:11 130:18 138:3,16 139:13 148:25 149:2 code's 100:12 collected 154:8 collector 99:16 102:7,13 collectors 102:19 college 135:4 Colonna 39:17 135:6,7,8,9,20 columns 80:3 come27:25 35:25 38:20 40:14 41:23 45:19 49:25 57:18 61:22 62:1166:9 84:8 87:17 88:1 91:9 101:10 124:11 135:16 137:8 139:22,23 147:9,19 149:22 155:3 comes 48:11 51:23 coming 11:10 38:21 143:9 comment 95:9 96:14 109:8 comments 11:13 64:11,23,24 65:1 116:2 commission 8:15 8:16 9:3 32:9 41:23 42:14,24 43:2,12 50:4 65:5 81:8 84:24 100:6 104:13 109:20,23 112:16 116:3 commissioner 7:13 7:20 32:8 37:14 37:17,20,22 45:24 46:3,9 47:23 48:2150:3,9,10 commissioners 9:1 10:13 commit42:21 communicated 143:4,10 community 47:19 135:23 company 29:13 compared 81:16 compensation 110:20 competent 36:8 complained 11:14 62:19 95:12 complaining 44:8 complaint37:1,4 37:18,19 48:5 49:4 51:15 91:24 111:17 112:2 complaints 36:11 45:146:16,18 49:17 50:2 complete 132:9 completed 35:6,13 completely 34:10 50:4 101:11 complex 32:16 component 102:12 composed 98:9 composing 98:6 compromises 48:23 computer 23:6 152:25 conceive 31:13 52:9 concern 37:25 38:1 72:15 138:21 concerned 38:4 51:22 concerning 12:8 44:24 concerns 68:23 69:25 91:14 concise 27:5 conclude 88:10 concrete 75:16,17 100:15 101:15 102:25 condition 32:25 38:9 62:5 condo 50:18 condominium 50:17 conduct 19:24 117:19 126:24 conducted 63:21 conference 61:15 61:15 83:7 106:2 106:11 117:19 conferences 91:3 confidential 72:4 73:8,11 106:5,10 108:10 117:18 confirm 27:6 confused 15:5 conjunction 6:24 18:8 conscious 10 1: 17 consider 38:17 73:24 74:2 considered 39:3 75:18 considering 70:22 conspiracy 86:21 90:9 conspiring 96:4 construction 33:25 34:2 35:6,12,23 consult 22:24 39:8 83:13 consulted 10:19,22 11:3 78:2179:2 79:24 contact 7:7 52:14 82:22,25 83:4 111:9 contacted 8:12 52:17 111:7 contemplating 56:21,22 contingency 121:10 121:14 continuance 21:17 21:18 continue 35:8 87:18 Continued 3:15 155:12 contract67:16 contracts 132:12 contrary 109:9 control 49:24 controlling 15:12 15:15,23 convenient 98:5,7 conversation 94:10 conversations 24:2 40:8 52:8 107:17 130:23 138:13 151:20 convince 75:20 cool 70:11,19 copies 44:18 58:14 112:8 128:14 copper 34:12 copy 27:12 58:23 59:4,19 91:23 121:2,5 126:14,16 126:18,23 128:17 core 77:14 correct 37:15 43:10 45:6 92:8 123:15 125:9 135:14 142:6,17,18,19,25 152:8,15,16 cost 40:17 57:4 81:12,12 82:7,16 82:18 139:5 costing 139:6 council 46:24 47:24 48:21 counsel 1:16 5:13 5:14 6:15,18 14:2 19:3,5,1120:22 Florida Court Reporting 561- 689 -0999 4 21:12 25:2139:10 70:1174:2,18 89:5,5,10 91:3 107:15 112:11 117:17 Counsel's 144:19 counterclaim 16:11 85:24 86:13 92:19 113:14,23 114:6 counterclaims 14:3 14:23 16:8 86:14 90:3 114:7 counts 98:15 101:6 county 1:15:4 22:17 29:16 30:1 30:3,3 31:25 47:23 135:19 couple 135:1 course 12:25 35:18 74:5 court 1:1 5:9,17,22 5:25 6:4,9,11,14 6:19 7:3,5,8,15 9:24 10:2,5 14:6 14:11,15,24 15:5 15:10,15,18,21,24 16:2,8,11,13,16 16:19,23,25 17:5 18:22,24 19:23 20:6,25 21:3,5 22:16 25:8,11,15 25:17,25 26:2,5,9 26:13,17,23 27:6 27:6,12,19,25 28:11,15,21,24 31:2 34:23,25 36:17 37:9,13 41:12 44:20 45:2 45:13,18 58:18 59:9,16,17,22 60:9,12,19 65:21 68:13 72:6 74:1 74:16,20,24 75:9 85:13 86:8,17,23 87:2,8,13,16 88:1 88:15,23 89:4,8 89:16,18,20 90:1 90:19 91:5,9,13 91:20 92:2,8,15 92:21 93:9,21 94:1,16 95:7 96:9 96:25 101:18 106:6,21 111:16 112:23 113:2,21 113:24 114:1,14 115:1,7,10 116:14 116:17,20,24 119:24 120:1,5 122:7,10 123:14 123:17 125:3,6 126:21 127:25 128:5 129:10 131:3,14 132:22 132:25 133:2,6,16 140:12,15 144:20 146:15 147:10,14 148:2,4 149:14,18 149:21 150:5 154:11,15,19 155:3,10 Court's 7:18 Courthouse 5:4 courtroom 5:4 27:1 28:16 149:17 covered 120:2 covers 45:12 crate 132:6 crazy 47:4 CRE 39:17 create 20:1 created 6:17 36:12 46:25 76:19 creates 153:3 credit90:2 criminal 96:24 cross 26:20 60:14 87:14 154:19 Cross - Examinati... 3:5,10,16,21 116:14 117:3 140:13,16 crossbow 12:6 crowd 139:4 current 11:8 88:18 101:24 currently 11:17 12:7 13:19 77:8 85:4 99:6 131:11 134:25 Curry 65:3 custodian 153:11 CYNTHIA 3:19 D D 1:16 3:15:3 damages 70:17 Danciu 31:12 68:1 danger 85:17 Dapix 4:15 23:2,3 152:20 154:3 dark 74:12 date 1:24 17:12,16 19:13 31:142:4 42:23 43:1,11 44:2145:14 83:19 103:18 132:17 134:13 dated 134:15 dates 46:22 93:8 107:14 daughter 30:17 31:4 day 5:7 18:7 23:9 54:9,14,18 68:11 71:16 98:3,4,7 122:15 123:20 124:4,6 125:22,22 128:2 days 21:19 67:17 68:20 69:1 124:1 124:8,12 125:25 126:2 deal 44:1 124:2 136:13 140:1 dealers 33:3 dealing 65:7,10,10 70:188:3 deals 85 :10 dealt 136.12 December 6:5 31:5 68:21 113:5,5 136:19 153:8 decide 48:12 decided 10:17 32:18 36:5 38:21 decision 101:5 declaratory 20:3 decrees 67:19 deeds 67:4 deep 74:12 defamation 10:12 70:22 defend 81:25 defendant 1:9 2:8 5:18 40:16 41:2 58:6 Defendant's 4:14 113:12 defendants 85:25 94:17 111:15 114:24 defending 37:16 96:19 defense 1:16 15:2 defenses 20:3 113:13,23 defer 154:22 definitely 13:11 degrees 61:23 62:3 delayed 121:16 Delray 32:3 39:18 39:20 48:8 135:22 DeMartini 109:1 demonstrative 17:1 denial 14:13 96:16 101:1 denied 12:6,9 Denise 109:1 dental 135:2 deny 100:17,22 denying 13:22 Department 109:16 depict 34:18 depo 4:4 20:7 24:5 24:12 26:21 depose 93:6 deposit 129:16 130:1 132:18 deposition 12:19,21 21:9 23:15 25:19 25:22 26:3,12,14 26:16,24 27:5,8 83:25 104:3 118:1 128:4 138:11 140:21 143:25 144:13 145:9,11 149:6 151:21 153:9,17 deposits 153:1 describe 33:14 56:5 described 7:9 34:19 35:15 105:14 DESCRIPTION 4:3 designed 19:25 Designs 29:14 desks 132:14 destroyed 11:1 79:4 102:9 destruction 48:24 detail 62:8 details 91:25 120:3 determination 91:16 determine 88:25 92:22 95:25 96:12 determined 103:12 detrimental 148:17 develop 123:10 developed 90:20,21 device 102:5 Diane 39:14, l7 134:17,20,23 135:6,8,10,12,12 135:18,19 difference 38:22 40:18 85:23 differences 64:13 different 31:10 44:14 85:25 98:19 134:18 153:12 differently 56:14 dig 104:23 Digby 44:10 45:23 46:8 48:2 65:3 Florida Court Reporting 561- 669 -0999 5 dilemma 10 1: 12 direct 3:4,9,14,15 3:20 28:25 83:4 126:13,16,25 133:18 150:8 154:12,20 directly 14:19 15:7 36:15 82:23 83:1 120:22 136:11 director 39:18 48:20 76:4 135:24 135:25 directory 132:18 disappeared 129:4 disappointed 57:1 disclose 79:14 disclosed 72:13,19 disclosure 72:16 discourage 102:4 discovery 96:7,12 discreetly 19:22 discuss 53:25 107:8 115:18 137:6 discussed 24:16 52:5,757:1 71:21 83:5 discusses 112:14 discussing 54:23 55:25 56:2 66:17 97:16 149:7 discussion 56:10 70:9 71:5,8 75:11 79:16 82:6 115:19 115:24 discussions 39:22 52:12 55:14 57:24 61:5,10,1175:23 79:15 90:22 103:21 105:12 106:24 107:11,15 108:9 140:6 disgusting 118:7 disingenuous 90:18 dismiss 61:3 69:10 72:17,21 107:23 dismissed 49:11 96:20 101:22 dismissing 90:24 dispute 121:23 122:4 disputes 85:7 86:4 88:18 disqualified 88:25 disqualify 1:16 5:12 13:12 108:12 117:16 distinctly 54:20 distraught 139:9 District 92:6 115:1 disturbing 71:15 divide 122:22 divided 65:5 divides 120:17 division 88:4 divulge 72:9 73:2 Dixie 5:5 doctorate 24:9 document 22:21 63:1 64:1 114:20 documentary 6:8 6:12 documentation 6:17 documents 20:20 22:12 23:15 42:16 42:18,22 45:5,7 60:11,15,16 140:22 152:2,6 153:18 doing 9:2 11:18 39:19 49:157:1 57:10 61:12 62:6 62:20 84:6 91:21 118:8 136:16,22 143:13 dollar 38:5 dollars 96:19 dominoes 48:13 donated 30:5 door 142:22 148:7 dormer 34:12 DOT 48:6,10,24 doubt 24:3 123:7 dozens 118:19,22 Dr 9:20,21 24:15 65:15,18,25 66:4 66:6,9,13,16 71:11,14,18,19 73:22 draconian 48:11 drawn 79:8 138:20 Drive 2:10 32:23 33:16 64:20 69:15 76:8,15 77:3 138:4,22 142:15 drug 33:3 duly 28:7 133:12 150:1 E E 3:14:1 e -mail 4:12 17:23 17:24 93:2 94:4 119:12 e- mailed 119:8 e -mails 123:11 car 43:24 earlier 66:24 east 65:2 77:21,25 Edwin 4:4 9:10 25:20 26:8 27:8 53:21,25 54:3 55:11 138:9 139:19 effective 111:8 127:4,7 effort 7:11 eight 35:1162:17 66:15 either 128:19 151:11 elaborate 88:22 elected 12:19 18:2 32:10,1133:5 36:5 46:14 84:19 105:2 election 84:3 elections 32:13 elevation 80:16 else's 49:22 embarrassing 18:1 Emmett 36:13 53:2 62:18 65:2 emotional 69:6 70:17 employed 19:15 25:1 119:17 enabled 76:12 enclosure 10:25 79:4,19 81:17 151:18 ended 8:14 1 1:22 31:1151:14 69:17 enemies 36:6,12 energy 102:5 enforce 56:12 enforced 56:14 enforcement 9:6,11 11:20 12:14 13:23 42:15 44:24 50:21 51:17 52:3,14,19 52:22 54:9,15 56:20 58:7 60:3 61:20 64:8 96:18 138:3,16 139:13 148:25 149:3 enforcing 56:12 engaged 104:12 134:16 engagement 10:21 engineer 100: 14 101:9 engineer's 101:8,13 engineering 100:19 enhance 29:24 enter 40:15 4 1: 10 entered 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142:2,4,12,21 147:17 151:13 issued 35:19 issues 52:5 67:7 68:23,24 69:6 71:12 74:5 79:3 83:5 85:3 88:4 105:5,13 109:18 Florida Court Reporting 561- 689 -0999 U 110:5 138:17 143:2 146:3 147:18,21,24 151:17 issuing 63:2 J 2:2 jalousie 33:2 139:1 January 8:14,15 27:9 39:7 41:9 42:1,3 43:5,10,14 45:23 123:19 Joan 18:3 105:3,18 Joanne 2:9 5:21 25:13 89:22 140:20 job 136:8 146:20 Joe 117:22 Joel 111:2 117:24 John 105:9 JOHNSTON 2:9 joined 85:25 86:13 90:23 108:24 joining 90:4 Jonas 4:4 9:10 21:11,14,22 22:5 22:7 23:9,22,24 25:20 26:8 27:8 53:21,25 54:3,5 55:4,6,7,1163:14 63:16,19 64:3 128:9,25 138:9,12 139:19 154:6 Jonas's 23:11 129:5 129:12 Jonathan 86:2 90:6 108:20 109:1 110:11 120:11,17 131:8,20 Jones 2:9 105:11 107:7 judge 6:10,13 7:6 7:14,17 14:5 15:8 15:12,20 16:6,10 16:15 18:17 19:1 26:11 27:11 28:13 34:2144:16,22 58:12 60:8,10 67:19 72:7,11 73:24 75:2 86:12 90:9 91:4,18 92:4 92:14,25 93:13 94:14 96:25 113:25 129:6 131:1,2 143:18 155:9 judgment 20:4 judicial 1:1 81:15 July 13:5 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lightweight 102:24 limited 45:13,18 61:11,24 91:10 line 85:14 87:10,19 148:23 lines 46:23 litigant 7:25 litigate 82:8 litigation 8:4 11:8 11:24 12:7,16,23 14:18 15:2,3,13 15:16 16:4,7 19:19,22 24:19 57:4 76:2 85:4 86:3,9 89:13 99:10 103:22 105:22 112:14 146:5 litigator 108:5 little 18:20 27:17 55:3 62:8 80:4 85:20 102:1 128:1 142:11 143:21 live 29:4 32:2 5 1: 10 77:23 130:10 lived 77:2 78:10 living 9:7,8 22:23 46:24 49:18 LLC 76:18,19 local 99:17 102:3 locate 59:6 located 30:6 loft 51:10 62:12 lofts 46:25 61:22 62:2 Florida Court Reporting 561- 689 -0999 10 long 36:4 55:13 98:9 122:17,25 125:17 133:24 138:20 150:23 look 20:16 23:1 27:16 34:8 42:6,8 42:22 48:17 114:6 153:20 looked 20:9 42:9 80:9 114:8 130:3 132:6 145:5 153:17 looking 81:22 98:24,25 145:3 looks 6:5 20:17 122:14 loose 122:22 loss 39:11 lost 8:9 lot 12:15,15 36:6,10 36:12,15 37:3 40:17 43:7 44:11 48:15 57:3 66:19 68:13 70:25 71:1 71:3 85:11,12,13 98:15 136:3 137:20 138:25 139:2,5,6 142:22 145:2 148:6 lots 42:25 148:7 Lou 5:15 Louis 2:5 5:16 26:7 134:14 Louis's 135:18 lowered 96:15 lunch 155:7 rvi M2:9 ma'am 133:7,16 146:16 149:14,18 mad 56:25 magistrate 55:23 96:20 magistrate's 54:13 maintain 121:2 maintaining 66:24 making 34:13 66:25 70:5 96:17 97:11 145:24 malicious 47:15 70:6 man 22:4 36:13 74:11 management 109:15 152:18,18 manager 79:6 80:8 80:25 96:17 manager's 100:7 managing 57:7 manufacturing 75:17 March 1:24 5:7 9:4 12:18 32:14 50:20 51:3 53:8 64:15 84:4 90:20 marine 29:24 mark2:2 5:15 26:6 27:19 93:3 marked 33:7 42:5 113:9,18 114:12 market 50:17 77:10 marketing 136:21 137:3 markings 27:15 married 30:8,10,12 30:14 133:22,24 134:18 Martin 12:23 13:7 86:189:14 90:4 97:17 108:25 110:3 111:12 114:10 125:20,21 Marty 89:13 110:16 masons 82:16 material25:7 100:16 matter 10:16,20 23:12,24 60:3 69:14 80:21 128:8 143:2 matters 9:18 10:23 45:1165:8 116:22 130:18 137:5 143:12 153:4 mayor 12:20 20:7 21:8 44:10 64:13 69:2183:25,25 84:7,18,21 105:1 105:3 mayor's 80:20 103:8 mean 31:20 41:12 43:1166:7 69:4,9 103:20 111:25 means 101:21 meant 29:23 48:15 mechanism 74:16 mediate 104:22 mediating 70:20 mediation 83:8 meet 53:10,12 57:22 66:9 meeting 4:9 8:15 23:23 24:142:14 42:24 43:2,3,16 43:19 44:19 46:23 50:4 54:4 57:12 60:18 63:9,20,22 63:23 64:2,11 69:20,22 70:4,8 79:16 88:6 89:15 89:23 90:2 96:14 104:17 108:12 112:9,16 115:15 116:3,4 118:5 155:4 meetings 43:5 64:15,18,21 69:19 105:4 109:21,24 member 50:7 74:10 members 48:19 110:9 111:14 143:8 memo 20:23 21:13 22:2,14 152:7 memorandum 58:15 memories 42:25 memory 42:21 memos 21:14 mention 86:5 108:10 112:11 mentioned 24:5,7 71:15,19,20 109:5 112:21 Mesa 109:1 110:7 met22:1 48:19 53:20,2154:5,10 54:18 57:23 63:13 63:14,19 64:17 103:20 105:6,15 105:16,18 110:3 118:2 138:13 140:20 151:22 metal 99:22 100:2,4 100:10,16,18,18 100:22 102:6,11 102:11,14,14,16 Metropolitan 46:23 48:20,20 microphone 28:19 147:19 mid 33:24 34:6 111:10 Middle 77:7,7,12 77:15,20,22 78:10 78:14,20 130:16 mind 17:2 56:8 63:24 67:13,14 68:3,10 123:7 147:7 mine 126:1 minute 147:5 154:11 minutes 4:6,9 42:11,12,13 44:19 60:18 87:17 112:9 113:3 115:23 154:14,25 Mischaracterizat... 126:20 mishandling 70:1 mistake 127:18 misunderstandin... 64:13 mixed 107:13 mock 103:10 Monday 43:5 money8:7,9,10 23:4 38:1140:18 41:17 68:4 77:11 120:13,16,18 128:21 129:16 131:19 138:25 139:2 monies 129:14 131:16 monitor 60:24 month 32:12 40:5 64:17 65:9 66:14 95:21 monthly 64:15 months 25:2,2 34:3 49:8 66:15 68:14 69:19,19 95:14,18 109:25 117:16 127:3 moored 103:8 Morgan 12:19,21 18:3 20:7 84:1,7 84:18,21,22,23 104:3,13 105:1 Morgan's 20:7 21:9 151:21 morning 5:20 140:18 mother 67:13,16 68:3,9 mother's 67:25 68:2 mothers 31:8,13,17 57:7 66:25 69:4 136:20 motion 1:15 4:10 5:11,12 6:17:10 13:12 14:4 16:10 85:10 86:16 90:10 90:12 108:11 113:12,15,22 117:15 motivating 43:23 move 31:24 32:4 44:16 76:7,13 Florida Court Reporting 561- 689 -0999 11 77:6 78:2,8 93:22 moved 32:6 77:4,9 78:14 139:3 moving 103:3 multiple 11:24 50:25 98:4,15,25 municipalities 29:9 30:1 102:3 N N 3:1 naively 36:12 name 22:13 24:4,5 24:1129:2,13 37:17,19 47:25 76:18 107:7 110:24 112:20 133:20,21 134:18 134:19 138:14 141:6 150:10 151:5,25 152:25 name's 140:20 named 36:13 86:19 110:12 111:1,12 134:1 137:11 138:9 names 18:1,5 30:18 Nast 103:11 natural 30:21 navigable 103:13 nebulous 91:7 need 6:6 7:15 74:1 74:2 87:9,14 88:9 91:15 93:6 122:7 148:21 154:12 155:4 needed 62:25 67:6 75:20 100:5 148:19 needs 72:12 145:22 negotiation 57:13 negotiations 55:2 76:4 95:24 negotiator 108:5 neighbor 7:23 65:2 neighbors 8:19,23 44:13 96:16 never 8:14 11:5,6 22:3 39:23 69:2 71:9 78:15 143:7 143:10 152:24 new 80:3 143:8 145:23 newborns 136:19 newspaper 71:3 95:19 97:22 107:14 nice 20:7 Nicholas 109:2 110:8 Nicoletti 21:15,21 21:24 36:24 54:10 54:24,25 55:23,25 58:16,2159:12,13 61:8 Nicoletti's 152:7 nine 85:25 nonconforming 47:6 nonconformity 51:11 nonprofits 31:23 normal 102:8 North 5:5 not - for -profit 19:17 not - for - profits 18:12 note 112:21 115:5 129:15 notes 27:18 132:17 notice 13:149:24 50:21 52:15 74:21 74:24 notification 51:13 notified 51:3 Nova 39:15 134:8,9 November 40:7 number23:10 33:24,25 66:10 92:2,5,6 98:2 115:3 124:18 135:21 153:1 154:4 numbers 90:15 numerous 56:13 140:6,7 O 029:5 O'Boyle 12:23 13:7 17:20 18:9 86:1,2 89:14 90:5,6,6 95:19 96:2 97:17 97:18,19 103:20 108:17,20,25 109:1,2,6 110:3,9 110:1 f,18 111:13 111:13,14 114:10 119:6,21 120:10 120:11,14,15,20 125:25 126:5 131:8,9,20,20 O'Boyle's 19:17 86:11 90:11 104:5 110:16 125:20,21 125:22,23 126:24 O'Connor 2:9 3:10 3:16,20 5:20,21 6:3 16:20,22 17:17 25:14 34:24 89:22 92:16,17 116:15 140:14,15 140:17,20 144:22 144:23 147:12 149:9,11 154:23 154:24 O'Hare 1:5 3:3,8 5:9 7:20,24 8:4,17 8:20,21,24 9:6,16 9:17,21 10:4,17 11:8,14,17 12:8 12:24 13:9,9,17 15:4 16:3 17:4,11 17:19,20 18:16 19:12 20:6,23 21:8,2122:6,9,10 22:18,22 23:10,14 24:1,3,14 27:24 27:25 28:2,5,13 28:18 29:3 30:13 44:24 45:10,15 86:1,8 88:1 89:7 90:19,23 91:25 93:6,17 95:2 117:6 128:7 133:1 133:2,6,10,21,22 140:18 144:12 146:3 151:8,9,13 151:16,20,22 153:19,22 154:5,8 O'Hare's 14:13 17:22 18:23 19:19 22:4 85:17 86:4 86:18,19 O'Hare /O'Boyle 18:9 oath 21:6 118:11 128:25 object45:3,13 60:7 65:19 85:9 88:21 92:17 106:1,19 116:25 119:22 123:12 125:2 129:8 objected 94:16,17 objection 34:23,24 34:25 45:2 58:17 58:18 59:20 91:12 92:16,21 93:9,22 94:8,18 112:22,24 113:20 114:1 115:5,10 126:19 127:23 144:18 146:13 149:9 objection's 125:7 obtain 20:20 21:16 121:19 obtained 62:21 obviously 127:7 occupants 33:3 occupation 29:7 occupying 49:23 occur 37:2 53:14 occurred 64:3 97:4 108:1 135:16 ocean 4:6,7 6:25 7:19,20,24 8:22 10:16 20:15,20 32:4,6,8,23 35:20 36:16 37:24 42:13 44:18 50:16,22 51:4 56:23 58:14 60:18 65:8 69:14 76:24,25 77:1 79:24 130:11 134:4 135:15 137:5 138:18 141:13,25 142:5 142:23 144:2 146:4,18 147:25 148:8,8 152:4,6,9 153:24 October 97:6 112:15 113:4 122:12 152:5,12 offensive 15:3 offer 39:4 offers 39:2 office 20:12 21:22 23:22 40:1 53:15 53:16,22 54:22 83:7 105:18 137:2 152:2 officer 11:10,13,19 86:6 95:9,11,25 97:6 101:3 144:14 official 31:2,6,21 81:1 officially 31:1 69:17,25 officials 13:16,21 18:2 offshore 29:23 A 20:8,10 38:3 42:4 47:16 58:24 66:7 73:21 103:23 112:3 144:6 146:24 148:20 okay 7:15 10:5 16:16 21:3 25:15 29:22 31:19 33:21 34:2 35:12,19 36:20,25 37:6 38:23 39:8,24 Florida Court Reporting 561- 689 -0999 12 40:8 41:25 42:20 43:1,5,8,15 45:18 48:2 49:3 50:9,20 51:7 52:11,21 54:15,25 55:17 56:19 59:5,17 60:19 61:19 65:23 66:2 68:8 71:17 71:24 73:7 76:20 76:23 77:24 78:12 79:1,14 80:13 81:18 82:25 83:18 84:20 87:16 94:14 95:6 97:14 99:14 99:19 102:23 103:19 106:10 107:5,18 110:2 111:1,22 112:4 113:6,17 114:9 117:15,21 120:14 123:2 124:8 126:3 126:8 132:8,20 134:21 136:23 137:14,17 139:19 141:22 142:4,20 143:1,10,14 145:11 146:8 152:21 old 30:19 31:18 50:16 53:18 84:10 132:14 on -line 154:1 once 51:1 64:17 98:9 ones 62:19 69:6 open 69:24 opened 128:8 opening 7:16 16:21 25:12 90:14 153:21 operates 147:7 operation 75:21 110:21 opinion 18:12 72:11 101:21 108:8 114:22 opponents 46:4,6 opposing 6:15,18 74:1,18 option 72:21 options 81:23 orchestrated 44:11 order 20:1 38:8 55:17 60:22 67:19 ordered 31:2 ordinance 109:8 original 23:25 27:14 Orlando 2:6 Orthwein 18:2 105:3,17 overall 15:13 overflowing 33:2 overhear 116:8 overruled 120:5 125:8 146:15 overruling 94:18 owe 121:13 owned 32:20 136:3 138:6 141:25 142:5,14,21 144:1 owner 37:3 ownership 7:11 P.A 2:2,9 P.M 1:25 Pace 36:13,25 37:3 37:24 39:4 40:10 41:7,16 43:23 51:16 52:7,17 53:2 62:18 65:2 page 3:3 43:9 paid 8:21,23 23:16 41:18,19,20,20 51:25 119:3 120:12,13,15 121:12 127:16 128:20 129:14,23 130:4,8 131:8,16 131:20 141:12,17 painted 97:23 103:9 painting 127:2 paints 95:20 palm 1:1 2:3,10 5:4 5:5 22:16 30:1,2 31:24 33:18 48:9 135:19 Palmetto 53:19 panel 102:9 paper 110:24 138:11,15 139:14 paperwork 111:22 111:24,25 paralegal 19:16 20:13 22:15 118:12 153:7,15 154:1 part 14:20,24 26:24 55:1 59:160:16 74:4,8 86:17,21 89:17,2190:8,8 92:11 111:5 149:1 participated 62:13 153:25 particular 9:22 16:2 17:10 47:3 98:20 partner 110:12 partners 136:25 party 7:24 38:16 passed 109:9 patient 66:8 pattern 19:25 Paul 36:24 55:23 58:15 pay 8:24 41:17 119:1 129:17 141:18 paying 67:22,24 68:1 121:10,11 payment 121:16 127:11 141:8 payments 153:2 pending 11:25 13:4 14:11 16:9 89:2 90:12 93:5 99:5 101:25 102:2 103:16 111:11 112:14 people 9:7 13:22 20:16 22:24 30:4 36:8 43:22,24 44:7,11,13,14 47:8,18 49:17,23 50:15 57:8 63:4 70:5,10 71:2 73:16,17 77:23 90:6 148:16 People's 69:25 peppered 107:8 perception 85:17 period 98:9 137:4 permit 11:2,12 12:4 36:18 38:8 47:10 49:20 63:2 72:6 79:1180:2 96:16 100:8 138:23,24 139:7 144:3 148:11,16 permits 8:1,6 13:22 35:17 45:16 permitting 63:4 81:4,6 138:22 141:24 142:2 perpetrated 18:15 persecuted 146:1 person 73:20 81:3 142:21 144:8 145:19,23 146:11 148:5 personal 9:17 121:7 personally 38:2,16 38:18 40:2 41:11 53:10,12 73:2 83:23 144:5 Peter 1:16 5:3 petition 67:18 68:12 petitioning 96:23 phases 56:6 philosophy 24:9 phone 21:16 22:14 53:10,1166:10 79:17 130:22 phonetic 29:15 photocopies 34:16 photograph 33:13 33:24 photographed 62:10 photographs 4:5 33:19,22,23 34:16 50:3,5 95:12 physically 83:24 picture 33:16 49:21 pictures 33:20 62:12 97:23 piece 9:22 72:3 138:15 Pineapple 29:14 pipes 102:17,18,21 pitch 34:11 pitched 34:11 35:16,25 139:2 148:10,11 place 6:24 44:6 46:20 47:1148:13 54:7 55:4 78:3,4 78:14,16 88:6 139:5 plaintiff 1:6 2:1 5:14 6:23,25 27:23 28:6 133:11 149:19,25 plaintiffs 1:15 4:3 5:10 7:10 27:9,21 33:8 35:2 42:6 44:17 45:20 58:13 59:9,23 60:17 93:23 94:4,23 112:7,25 113:10 113:18 114:3,13 115:11 plaintiffs 94:16 plan 155:6 planning 46:24 47:24 48:2149:1 79:8 107:19 135:24,25 plans 112:15 plastic 102:17 play 80:6 Florida Court Reporting 561 -689 -0999 13 players 53:3 playing 26:8 pleading 40:16 pleadings 20:17,17 22:23 pleasant 70:7 please 16:25 28:1,3 28:12 120:7 126:4 131:18 133:7,17 142:7 144:21 147:19 150:5 plethora 67:6 plus 35:1164:17 PO 2:3 point 8:4,12 9:2 10:14 13:4,9 32:4 32:7 34:2 37:11 38:17 41:7,22 50:20 53:2155:10 57:15 61:14 63:17 65:14 76:7 84:17 84:25 88:9 89:1 97:17 105:19 107:25 151:23 155:5 pointing 144:4 police 11:10 36:7 62:8,10,15 97:10 101:3 144:14 145:4 policeman 99:13 polite 56:7 political 36:6 46:4 46:6,20 politically 62:20 porch 81:9,21 portion 77:13 102:16 position 8:20,25 85:19 positions 135:22 possible 43:18 95:7 127:1 possibly 8:5,10 Post 61:22 potential 36:14 107:11 148:9 power 38:8 practice 19:10 151:2 practiced 153:12 practicing 135:19 151:6 preconstruction 33:17,21,25 predicate 65:22 preempt 102:4 preempts 99:17 prefer 73:7,10 premarked 6:12 prenatal 31:14 66:25 prepare 122:17,25 124:22 prepared 22:22 84:13 125:16 present 55:24 56:1 56:2 74:18 84:12 115:14,22 154:9 presidents 50:18 press 61:14,15,18 74:25 pressure 57:6 presuming 98:1 pretty 6:16 19:4 preview 92:25 previous 38:9 previously 16:12 25:6 59:19 92:11 Prigy 18:4 primarily 137:3 prior 19:19 21:8 27:7 39:2146:20 56:10 84:3 98:14 106:3 138:14 private 52:8 privilege 75:7 116:22 117:1 119:25 120:2 pro 108:20 131:11 probably 26:15 40:12 87:1199:7 102:24 121:9 122:1,6 123:21 139:24 144:8 153:5 154:13 problem 36:147:2 145:25 148:13 150:13 problems 10:14 64:9 78:21 proceed 75:8 proceeded 8:3 proceeding 74:9 proceedings 5:2 87:25 93:7 process 40:2 79:9 136:17 148:12 processes 3 1: 10 produced 49:21 professional 150:14 proffer 89:8 progress 93:8 project 76:6 prompted 95:3 proper 101:21 properties 130:19 130:22 property 32:18,22 32:24 33:4 34:14 53:4 58:10 75:15 75:20 76:8,9,19 78:20,22 95:12 148:18 proposing 48:7 propounded 28:8 133:13 150:2 protest 12:3 proud 34:15 103:12 provide 100:19 provided 123:4 152:5 psychiatrist 24:8 psychologist 24:8 psychotherapist 9:20 66:1 public 10:1,10 11:18,24 12:12 13:1,3 16:4 17:11 17:23 18:18 62:21 62:22,23 63:7 64:11,22,24 72:15 74:5,20 85:11,20 85:21 93:11,19 95:4,24 96:14 97:3,11,16 99:3,6 99:7 104:17 105:21 106:25 107:4 108:19 109:8,12 116:3,10 118:13,16,19,22 119:5,8 120:21,24 122:18 123:3,23 124:4,11,15,23 126:6,9 127:10,21 145:3,4,17,20,21 146:1,2,2,5 152:5 publicly 73:2 punch 145:22 punishing 96:23 purchase 32:16 33:4 purchased 7:21 32:21,24 34:3 75:15 purged 132:13 purport 19:9 purpose 44:20 45:14,19 69:21 96:6 pursue 10:17 pursued 71:9 put 8:7 12:5 38:5 38:13 48:7 49:24 58:20,24 74:3 80:7 92:2 98:23 99:15 101:15 142:23 153:2 putting 148:12 queen 124:20 question 6:11 14:6 93:25 94:2 96:13 117:1 126:3,21 141:15 144:20 147:11 questioning 85:15 87:10,19 questions 28:8 130:22 133:13 147:12 150:2 154:25 155:2 quick 95:7 quite 58:3 98:24 99:1 121:12,13 124:17 r -e-e -f 29:20 R -e -f 29:20 racial 11:13 racist 95:9 raise 28:3 81:24 117:1 133:8 raised 25:3 ramifications 73:1 ran 32:9 3 6:11 46:8 104:2 154:7 Randolph 105:9,16 105:17 range 86:4 Raton 2:13 31:12 48:8,18,25 53:18 66:1 150:15 reached 61:4 reacted 97:23 reaction 67:2 reacts 95:20 read 25:23 26:19 26:19,20,21,23 27:7 42:19 43:9 47:5 71:2 95:19 97:22 98:20 110:24 112:3,19 129:7 reading 27:20 realized 13:10 really 17:6 30:5 33:1 39:18 46:11 57:6,18 75:21 77:23 79:8 134:16 139:4,8 145:5,7 148:20 Florida Court Reporting 561- 689 -0999 14 Realtor 50:16 reason 79:2 97:21 98:3 100:25 104:22 reasoning 100:24 rebuild 11:2 79:5 79:10 recall 53:16 60:23 83:22 126:14 130:9 138:3,5,10 138:13 149:6 151:12,16,24 152:1 153:9 receive 50:21 received 153:5 receiving 110:20 recess 87:16,23 155:5,10 recision 67:17 68:12 recognize 33:10 recollection 21:7,9 21:23,25 24:14 41:2142:23 59:14 64:2 75:5,6 151:10,11,19 recommendation 137:20 recommendations 39:25 136:5 recommended 24:7 39:11,12,16 61:17 104:14 137:15 record 15:10,12,19 23:4 26:24 27:7 62:21,22 63:7 74:4,5 89:11 91:10 92:9 96:5 97:3,17 98:2,6,16 107:4 108:19 111:8 112:21 115:6 122:20,24 127:14 129:13,24 145:20,21,23 147:10 records4:7,15 11:18,24 12:13 15 13:2,3 16:4 17:11 46:22 52:1,10,17 remedy 61:2 represented 12:21 153:17 17:2318:1823:3 86:10109:14,16 remember22:1,7 20:9,1438:14 resentment66:20 23:7 56:14 58:14 111:7 128:7 22:1123:2124:1 39:19 84:13 136:2 reside 77:8 62:2485:11,21,21 regarding 11:11 64:25 71:8 74:13 141:23 142:13 residents 13:16 90:15 93:12,19 13:18 14:15 31:7 83:16,20 116:23 143:17 149:7 18:136:11 56:15 95:4,24 96:6 35:5 40:24 41:15 126:17 139:16,19 153:23 62:19 64:10 97:1199:1,3,6,7 45:10 52:20 56:19 141:1,5,7 143:13 representing 5:25 resolution 104:24 105:21 106:25 57:25 60:5 61:5 149:2,4 84:7,16 104:19 resolve 95:18 107:6,7 109:12 61:25 65:8 67:9 remembered 5:1 140:5 147:23 105:13 118:13,16,20,22 67:12 69:2 70:9 54:20 148:1 resolved 9:12 67:8 118:24 119:6,9,10 72:24 75:12 78:20 remind 53:17 represents 1 10:13 responded 97:24 120:21,25 121:8 78:22 79:24 81:9 116:21 110:17 responding 17:10 122:18,20 123:3 82:1,21 83:14 reminded 116:24 request 11:24 response 91:6 123:23 124:4,12 88:17 99:6,12 remodeling 13:18 12:13 14:11 16:5 95:15 127:2 124:16,23126:6,9 101:25104:10 remove80:17 17:11,1262:21,22 restate 144:20 127:10,21 128:8 105:21 106:25 81:21 144:15 62:24 63:7 93:12 restated 94:2 128:15 129:15 114:10 115:19 removed 82:11 95:5 98:18,21 restaurant53:19 132:1,2,4,5,8,9,10 117:19138:18 removing 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workers 95:10 working 25:128:17 63:16 95:16 112:18 136:19 143:6,8 worried 51:21 worth 68:5 worthy 40:3 wouldn't 21:18 36:16 40:23 72:19 74:20 101:4 121:14 wracked 21:6 Writ 101:20 writing 141:7 written 47:3 106:4 119:20 120:9 129:16 141:2,5 wrong 61:12 113:17 wrote 20:22 21:11 23:9 Wyatt 18:3 X3:1 4:1 yard 80:5 yeah 20:8 34:20 59:3,8,13 61:15 62:3 63:18 65:12 66:19 68:24 70:7 70:24,24 71:3 73:23 77:25 81:20 103:24 116:10 117:17 120:24 121:16 124:9 126:7 127:6 128:3 130:6 132:11 Florida Court Reporting 561 -669 -0999 20 137:9 148:19 year 20:25,25 31:2 31:6 68:7 99:24 122:7 123:25 151:21 153:25 years 7:5 20:16 30:15,19 36:9 76:22 78:9 133:25 135:5 146:10,10 150:24 153:6 younger 134:15 zone 48:15 zoned 75:15 zoning 38:6 75:19 76:1,4 0 1 14:4,15 27:10,21 1:30155:6,11 10 4:5 33:8 35:1,2 38:22 40:15 41:20 10,000 8:21,24 41:5 51:25 82:14,15 129:1,17,23 130:4 10/14 4:9 10th 20:23 21:13 111:24 4:11 114:13 115:11 11:04 87:23 11:15 87:17 11:29 87:24 110 61:23 62:3 1100 2:10 112 4:9 113 4:10 115 3:5 4:11 11G5:4 11th 5:7 31:5 12 4:8 19:14 94:15 94:23 12/12 34:11 12/144:9 12:30 88:5,7 12:37 1:25 13103:24 130 3:6 132 3:9 139 3:10 13th 27:9 55:14,19 55:21 57:1 1,14 14103:23 146 3:11 149 3:14 14th 9:13 54:16 55:20 1513:3 19:14 30:19 48:15 87:17 151:1 154:14 150 38:14 158 3:15 15TH 1:1 1630:19 123:19 16th 6:6 17 7:5 18:10 146:10 174 4:12 1S 95:14,18 127:3 186 3:16 189 3:17 19 99:25 123:25 124:3,18 126:1 1913:20 197 3:21 1979 135:11 1980 151:1 1982 32:1,2 1983 56:18 1988 7:3 199 4:15 199319:8 32:6 1996 7:23 32:9,12 32:15 33:6 46:12 1997 7:23 8:13 34:6 34:6 37:4 39:2,9 1998 7:4,5,19 8:14 8:16 9:4,12,13 10:15 12:13 13:16 21:2,4 25:21 30:25 31:5,16 42:3 43:10 45:23 49:12,13 51:3 54:16 56:24 64:15 64:16,16 65:7,11 67:10 68:2171:10 116:22 128:9 130:5 132:1 134:5 134:6 136:18 137:4 138:19 142:1,6,18 146:4 148:2,3,4 151:6 152:17 154:8 1999 10:2175:15 132:1,8,9 151:13 2 60:17 202:13 13:3 36:9 145:2 150:15 153:6 2000 30:25 2004 76:12 77:4 200510:23 78:25 200610:23 2007 77:9 2008 83:2 2010 78:9,11 201111:7 14:8 78:13 86:7 97:6 2012 11:8 14:8 86:6 97:5,15 99:25 110:1 2013 17:13,15 18:16,18 97:5,20 111:10 122:8 201412:18 13:5 19:12 84:4 93:3 103:17 105:2 106:8,12,14 108:1 113:4,5 123:19 124:13,13 125:16 152:5,12 153:8 20151:24 5:7 19:14 27:9 205 5:5 20818:19,22 2132:23 33:16 64:20 69:15 76:8 76:14 138:3,21 142:14 22 77:3 223 -9990 2:4 22nd 153:8 230 19:12 23718:18,22 23rd 122:5 25 38:2141:20 99:8 120:20,24 2520 29:5 78:7 26th 18:7 27 3:4 4:4 275 38:13 27th 8:15 43:10,17 29 17:13 29th 17:17,19 18:6 124:1,3,7,12 3 4:7 58:13,18 59:10,23 60:17 30 38:21 31133.25 31st 124:1,6,13 3272 2:3 32819 2:6 334012:10 33432 2:13 33480 2:3 35 4:5 30:15 150:24 352 -4194 2 :6 36319-13 392 -1230 2:14 3rd 106:12 150:15 44:6 42:6 44:17 45:20 4041:19 40,000 38:20 41 :20 407 2:6 4118:6 434154:4 4417:22 18:5 121:23 45 4:6 4817:25 121:24 4th 30:25 67:11 5 54:9 112:7,25 50,000 57:5 502013CA01771... 1.3 505 2:10 530 77:7 130:16 5612:4,11,14 58 122:5 59 4:7 5th 43:5 6 60123:19 65124:2,4,11,23 125:15 126:1 659 -3000 2:11 6th 23:8 128:9 7 7 4:12 93:23 94:4 70s135:13 7414 2:5 79135:11 7th 20:212 1: 10 8 84:10 93:3 113:19 114:1,3 80135:11 80s135:13 85,000 8:23 41:21 89122:12,15,17,20 122:25 8th 122:12 9 9113:10 9/8/14 4:12 9:13 94:15 9:13- CV- 81053K... 92:7 9:15 -CV -80182 4:11 115:3 9:37 1:25 5:6 90 84:4 Florida Court Reporting 561- 689 -0999 21 94 4:8 97 39:6 40:6 135:16 9821:3 39:7 41:9 42:146:17 49:16 65:16 69:13 135:16 99 66:15 Page 156 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502013CA017717XXXXMB CHRISTOPHER F. O'HARE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. VOLUME II OF II PLAINTIFF'S AMENDED AND SUPPLEMENTAL VERIFIED MOTION TO DISQUALIFY DEFENSE COUNSEL BEFORE THE HONORABLE PETER D. BLANC DATE: WEDNESDAY, MARCH 11, 2015 TIME: 1:39 P.M. - 2:30 P.M. Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55- 4854 -8 a 34- df99524d6916 1 2 3 4 5 y 7 8 9 11911 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARING ON BEHALF OF THE PLAINTIFF: MARK J. HANNA, ESQUIRE GMM /MADISON P.A. PO BOX 3272 Palm Beach, FL 33480 (561) 223 -9990 LOUIS L. ROEDER, ESQUIRE 7414 Sparkling Lake Road Orlando, FL 32819 (407) 352 -4194 APPEARING ON BEHALF OF THE DEFENDANT: JOANNE M. O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 (561) 659 -3000. ROBERT A. SWEETAPPLE, ESQUIRE SWEETAPPLE, BROEKER & VARKAS 20 SE Third Street Boca Raton, FL 33432 (561) 392 -1230 Florida Court Reporting 561- 689 -0999 Page 157 69 cc16e8 -cc55 -0854 -8 a14- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 158 ii`i�W CHRISTOPHER O'HARE PAGE Direct Examination by Mr. Hanna ...............27 Cross - Examination by Mr. Sweetapple .......... 115 Redirect Examination by Mr. Hanna ............ 130 SHELLY O'HARE Direct Examination by Mr. Hanna ..............132 Cross - Examination by Ms. O'Connor ............ 139 Redirect Examination by Mr. Hanna ............ 146 :10»8OW9&V1 *0WAMOU11D Direct Examination by Mr. Hanna ..............149 Continued Direct Examination by Mr. Hanna .... 160 Cross - Examination by Ms. O'Connor ............ 188 Redirect Examination by Mr. Hanna ............ 191 CYNTHIA BAILEY Direct Examination by Ms. O'Connor ........... 193 Cross- Examination by Mr. Hanna ...............199 Florida Court Reporting 561- 689 -0999 69cc16e6 -cc55 -4654 - 804- df99524d6916 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1591 Florida Court Reporting 561- 689 -0999 69 c W -cc55- 4854 -8a34- df99524d6916 E X H I B I T S PLAINTIFF'S DESCRIPTION ADMITTED No. 1 Depo of Edwin Jonas 27 No. 10 Photographs 35 No. 4 Town of Ocean Ridge Minutes 45 No. 3 Town of Ocean Ridge Records 59 No. 12 Federal Suit 94 No. 5 10/14 - 12/14 Meeting Minutes 112 No. 8 Motion for Leave 113 No. 11 RICO Case #9:15 -CV -80182 115 No. 7 9/8/14 E -mail 174 DEFENDANT'S No. 1 Dapix Records 199 Florida Court Reporting 561- 689 -0999 69 c W -cc55- 4854 -8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 160 THEREUPON, the following proceedings were had: THE COURT: Come on back up on the stand, Mr. Sweetapple. You're still under oath. We'll continue with your examination. THE WITNESS: Okay. CONTINUED DIRECT EXAMINATION BY MR. HANNA: Q Mr. Sweetapple, we were talking about when you searched your files for Mr. O'Hare. You indicated that there were no files found in your office; is that right? A That's correct. And I can tell you that my paralegal, who is here, actually did that work. And I think Joanne's going to call her, so you can cross examine her on everything she did. Q Well, you purged your files from seven years or later? A Right. Q Is that true? A That's correct. Not the Dapix though. Q The Dapix. But if a file for Mr. O'Hare existed, it's a good chance it would have been destroyed anyhow as part of your retention policy? A Except that we do preserve all research Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55- 4854 -8a UAW SMS916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 161 files and forms. So we have -- my partner's been with me 28 years. We have probably five file cabinets full of forms and research. So you'll find cases 20 years old with names on it. Q But those files weren't searched; isn't that correct? A You would have to ask Cynthia. Q But as far as you know, those files were never searched; isn't that true? A I asked my office to search every where for anything with Mr. O'Hare's name on it. They came up with a Dapix entry. Q Who is Joel Chandler? A Joel Chandler is an individual who lives in Lakeland, Florida. Q And he was employed for the Citizens Awareness Foundation; isn't that true? A I have no firsthand knowledge of that. Q Okay. A I've learned of certain things as part of my work product that I don't intend to divulge to you. Q You took Mr. Chandler's sworn statement from him back in August 2014? A That's true, but I don't intend to divulge Florida Court Reporting 561- 689 -0999 69ccl Ge & cc55d854- 804- &99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 162 my work product to you. Q Well, you took the statement; correct? A I did take a statement from him. Q And you filed that statement with several -- in several court cases, haven't you? A No, I filed an affidavit, his affidavit in court cases. The statement was a five or six hour video statement of his involvement with individuals. Q And he never said anything about Christopher O'Hare in that statement; correct? A That's false. Q Okay. What did he say about Mr. O'Hare? A I'm not going to disclose work product. It wasn't in the video part of the statement. It was after the video part of the statement. Q Okay. In the video statement he never said anything about Christopher O'Hare; correct? A I did question him about Christopher O'Hare in the video statement. I was questioning him about other matters. Q And your interview with Joel Chandler was concerning the RICO case that was going to be filed by the Town of Gulf Stream against the Martin O'Boyle Citizens Awareness Foundation, The O'Boyle Law Firm; isn't that true? Florida Court Reporting 561- 689 -0999 69ccl6e8 -cc55 -4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 163 A I'm not going to disclose my work product. My interview with Mr. Chandler was for purposes of listening to him report criminal and fraudulent behavior when he solicited me for that purpose. Q But you filed his statement that you took in other cases alleging that it was part of a conspiracy and a civil RICO claim to be filed by the town; isn't that true? MS. O'CONNOR: Objection. Predicate. THE COURT: Overruled. You can answer. THE WITNESS: I filed his affidavit in one or more public records request cases. BY MR. HANNA: Q You never -- A I don't think I filed it in any -- I've never filed a RICO claim on behalf of the Town, nor have I filed that in conjunction with any RICO claim. Q Did you have any involvement with the preparation or the investigation of the RICO claim by the Town of Gulf Stream? A I'm not going to disclose my work product to you. There have been at least three lawsuits filed against me in the last six months by the Florida Court Reporting 561- 689 -0999 69ccl Me c55 -4854 - 804- &99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 164 O'Boyle group, one that apparently was just filed by Mr. Ring. It has been the MO of your side of the case, including your -- your wife works for the O'Boyle Law Firm. MR. HANNA: Your Honor, I would move to strike. The witness is nonresponsive. THE WITNESS: And the -- THE COURT: Let him state his objection. MR. HANNA: And it's also my -- THE COURT: Please stop. MR. HANNA: Okay. THE COURT: We can only talk one at a time for the court reporter. I've stopped Mr. Sweetapple, but it's not going to help if you talk over me because I can't talk and hear you at the same time. Now, what is your objection? MR. HANNA: It's nonresponsive, Your Honor. I'd move to strike. But also misrepresenting that my wife works for The O'Boyle Law Firm. She has not -- she worked for one month or two. THE COURT: I'll move to strike as nonresponsive. Ask another question, please. Florida Court Reporting 561- 689 -0999 69cc16e8- cc55.4854.8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 165 BY MR. HANNA: Q During -- do you recall your deposition on December 22nd, 2014? A Generally. Q Okay. And in the hallway you made a representation to -- outside of the deposition you made a reference to -- or a statement to Mr. O'Hare that we're going to be filing the RICO case against you? A I don't remember what I said exactly. Q Life is too short, you don't recall saying that to him? A I don't. I know we had a general conversation regarding settling outside of my deposition, but I wouldn't -- I wouldn't -- I wouldn't recall the exact nature of what was said. But I certainly wouldn't be talking about settlement negotiations either. Q Did you ever threaten Mr. O'Hare that he would be included in the civil RICO case by the Town of Gulf Stream if he didn't dismiss all of his cases? A I have made statements in settlement conferences and in negotiations with you as to what I believed his involvement was and what I believed Florida Court Reporting 561- 689 -0999 69cc16e8- cc553854.804- dt995240916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 the Town would do, but I'm not going to discuss those with you in this setting. I don't think you should be using litigation to take discovery of our work product, which is the MO of your side of the case. Q And you learned the basis of these allegations from your investigation into this supposed RICO case; isn't that true? A I don't understand your question. I learned what? Q You learned -- you learned the basis of these allegations regarding a RICO case or the alleged criminal activity by The O'Boyle Law Firm based on your investigation pursuing this civil RICO case? A No, I was hired to handle public records lawsuits. In the course of that representation, I saw a transcript before Judge Barkdull involving Jonathan O'Boyle regarding whether or not he was practicing law without a license. I started to investigate The O'Boyle Law Firm. I appeared in the case, filed motions, and I was contacted out of the blue by a man named Joel Chandler who made me aware of certain things that led me to believe that what was going on here was much more than I even Florida Court Reporting 561- 689 -0999 69cc16a6- cc55d654 -8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 167 understood when I got hired. Q Mr. Richmond has made a statement that he works closely with you when he was hired to take part in a RICO case by the Town of Gulf Stream; is that true? A Mr. Richmond and have I been co- counsel on cases. Mr. Richmond's firm has represented me the only other times I've been sued, which were by opposing parties which were dismissed at the hearing on a motion to dismiss. So I've worked closely with Jay White, who's had three lawsuits in the last 20 years thrown out when they were brought by opposing parties. And because Mr. Richmond is working with Gulf Stream this time, the three lawsuits that have since been brought by opposing parties are being handled by Cole Scott, but I'm working with Mr. Richmond on other cases for other clients as well as Gulf Stream. So we do have a close working relationship. I have a lot of respect for not only Mr. Richmond, but every lawyer in that firm I've worked with. Q So again, you've worked closely with Mr. Richmond on the Gulf Stream cases? That's what Florida Court Reporting 561- 689 -0999 69cc160 -cc55- 4854 - 804 -df99 M6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 168 you've just said; correct? A I wouldn't say on the Gulf Stream case. He's working on the RICO case. He's consulted with me. I've given him any information that is appropriate to give him. Q We had a conference on July 24th, 2014 at Jones Foster. That was a scheduling conference regarding the cases before Judge Blanc; isn't that true? A You're -- I don't remember the date and I don't remember the purpose of the meeting. I know that I have met at Jones Foster with you and with Joanne on at least one occasion, but I don't remember the date or what the subject matter of it was. Q And in that conference you said about -- you detailed portions of your investigation of The O'Boyle Law Firm and your conversations with Joel Chandler and the forthcoming RICO case that would include my client; isn't that correct? A Any conversations I've had with you have been for the purpose of trying to resolve this dispute and to have you convince your client that the filing of 25 public records requests after thousands of -- I mean 25 lawsuits after filing Florida Court Reporting 561- 689 -0999 69 c W -cc 554854.804- M9524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1691 thousands of public records requests is abusive conduct. In conjunction with what I have learned from other witnesses, including Mr. Chandler, I've told you what I believe the evidence will show and what claims will be provable. I've suggested to you that Mr. O'Hare's antisocial behavior, which is totally abusive, should stop and that I would recommend to the Town they take certain actions if your client would consider stopping his behavior. But I don't want to go into the details of our settlement negotiations. Q When were you hired by the Town of Gulf Stream? A I don't know the date. Q Okay. Was it after Scott Morgan was elected and took office? A I believe so. Q Before that you were representing Mr. Morgan; isn't that true? A I appeared at a deposition for Mr. Morgan. I don't know if he had already been elected. I think he had already been elected. Q Well, did you represent him at that deposition? Florida Court Reporting 561- 689 -0999 69cc16e8-cc55- 4854- 8a84- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 A I appeared on his behalf at that deposition. Q Well, you appeared. Does that equal representation of a client? A I believe so. It's a legal conclusion, but I believe so. Q Now, when you filed the counterclaim in the case 50- 2014 -4474, had that been authorized by the Town commission to be filed? A Which case is that? Q That is the case that you appeared before Judge Blanc on a motion to amend, which you were successful, on February 17th, 2015. A I believe so. That is a claim that is essentially by way of a defense to ask the Court to declare the relationships between parties and whether or not Mr. O'Boyle is operating through alter -egos, whether or not these individuals were actually his alter -egos. It does not seek any award of money or affirmative relief other than to have the court make declarations as to the status of other individuals that I believe are in fact alter -egos. I believe Mr. O'Boyle is the kingpin in a scheme and a conspiracy that extends to the lawyers Florida Court Reporting 561- 689 -0999 69 c c16e8 -cc 554854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 171 that are representing the people involved as well as the people who are involved. I think it involves a law firm that he's funding. I believe it involves not - for - profit companies he's involved -- he's funding. It involves benefits given to Mr. O'Hare. It involves Mr. Chandler working for both sides. It is a scheme to essentially use Gulf Stream as the epicenter of a total ability to shut down and punish a town that does not do what the perpetrators demand and it's being used to go to other communities in the state and to shake them down and to shake not - for - profits down. I have discovered through the rear wells of Jacksonville that there are admissions from O'Boyle clients that they are actually getting paid percentages of the attorney's fees to bring these cases, and the 25 cases allegedly in the deposition were brought by The O'Boyle Law Firm using a runner by the name of Mr. Gray who was paid a percentage of fees. So, yeah, I do believe based on everything that I have reviewed that there are viable claims. That's my legal opinion. When I've talked to you, I've talked to you about my legal opinion. When I've spoken to you, I've talked to you about what I Florida Court Reporting 561 -689 -0999 59cc15e8 -cc55- 4854 -8a74- M99524d5918 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 would like to do to settle this case, how I would like to stop this behavior that cannot be tolerated in a civilized society. We cannot have people going into every community in this state and doing what's happening in Gulf Stream. You give me 10 attorneys and a word processor and if I did what Mr. O'Hare did, I could close any government entity in this state within a month. Q You have a statutory right to make a public records request; correct? A There's a statute that deals with public records requests, yes. Q Yes. And you have a -- THE COURT: Can we maybe back away from the debate about the merits of the claim and focus on the issue that you've asked me to determine, and that's the disqualification motion. MR. HANNA: Judge, this goes into the scope of THE COURT: You all can talk all day and you're never going to agree on what's right and what's wrong. So I don't need to hear about a statute -- a debate about whether the statute Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55- 4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 does or does not give rights. That's a statutory decision. It's the Court's determination. Okay? BY MR. HANNA: Q Showing you what's been marked as Plaintiff's Exhibit 7, can you tell me what that is? A It's an e -mail I sent to you on September 8th. THE COURT: What year? THE WITNESS: 2014. BY MR. HANNA: Q Can you read that e -mail? A Mark, in the event we can't settle, I'm appearing in all the pending cases you have filed. I need to immediately depose Mr. O'Hare in all these proceedings. I suggest we block off some days and just progress through one at a time. Please let me know your availability. Regards, Bob Sweetapple. Q Did you write that e -mail? A I did. MR. HANNA: Judge, I'd ask to enter this into evidence. THE COURT: Any objection? MR. SWEETAPPLE: No objection. MS. O'CONNOR: No objection. Florida Court Reporting 561- 689 -0999 69cci6e8 -cc55- 4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 174 THE COURT: Without objection, it's admitted. (Plaintiff's Exhibit No. 7 was admitted into evidence.) BY MR. HANNA: Q Now, in this e -mail you said all cases and later you said that it was just the public records cases, all of Mr. O'Hare's public records cases; isn't that correct? A No. In that e -mail I said all cases that you were handling. At the time I wrote the e -mail I had no idea that you were handling federal lawsuits or that you were co- counsel with Jonathan O'Boyle, okay. I knew that your wife had been working for The O'Boyle Law Firm, but I thought that you were just filing some public records requests for Mr. O'Hare in addition to those being prosecuted by The O'Boyle Law Firm. After sending that e -mail I learned that there were federal cases that were being handled by insurance counsel. I have not reviewed those cases. I've heard what they involve based on your recitation. And I am not counsel of record in those cases. I am not intending to become counsel of record in those cases. I would not charge the Town Florida Court Reporting 561- 689 -0999 69 cc16e8 -cc55- 4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 175 to handle cases that aren't being handled by insurance counsel. If counsel in those cases contact me and ask me for information I'll cooperate with them, but I'm not -- I'm not handling those federal cases involving Mr. O'Hare at the current time and I've not been asked to. Q We have a duty of candor to the Court; isn't that correct? A Yes. Q You're going to tell me and this Court that you are not involved with any other cases except 10 -- or actually nine public records cases that I'm handling out of all the other litigation? A No, I'm not saying that at all. I'm saying when I wrote you, I was expressing to you if we couldn't settle I wanted to come in to all the cases that you were handling, which I thought were public records request cases, and to depose your client. Q And you're saying on September 8th you weren't aware that I was representing Mr. O'Hare in a federal civil rights case? That had never been brought to your attention? A It may have been mentioned, but I didn't Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55- 4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 176 even focus on it. I didn't -- I never reviewed it, didn't know who the attorneys were. I mean, you may have mentioned to me something, but I wasn't planning on ever suggesting to you that I was coming into that case. Q And also that you had no idea and it was never discussed that I represented Mr. O'Hare in the roof case, the solar roof case? A That came out -- what date was the settlement conference? Q September 3rd, the confidential conference. A I think -- I think at that time I was aware there was a roof case. I didn't know if you were the attorney or not. I knew there was a fight over a roof. Q And that hadn't been discussed in our July 24th meeting or August 12th meeting? A I don't recall. Q Who else was at the meeting on July 24th, 2015? A What meeting was that? Q That was the meeting at Jones Foster. A If it's the meeting that I'm thinking of, I know that you -- Florida Court Reporting 561- 689 -0999 69 cc16e8 -cc55- 4854 -8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 177 THE COURT: Excuse me. July 24th what year? MR. HANNA: 2014. THE COURT: '14, okay. MR. HANNA: Did I say something -- THE COURT: I thought you said '15, but maybe I -- MR. HANNA: I might have. THE WITNESS: I believe me, you and Joanne were present. That's the only meeting I can think of at Jones Foster where you were there. There may have been more, but that's the only one I can think of. BY MR. HANNA: Q Showing you what's marked as Plaintiff's Exhibit 9, can you tell me what this is? A This is a motion for leave to file amended answer, affirmative defenses and counterclaim. Q And what case is that in? A Martin O'Boyle versus Town of Gulf Stream. Q And what's the case number? A 50- 2014CA004474. Q And in the counterclaim Christopher O'Hare's named as a co- defendant? A Yes. Florida Court Reporting 561- 689 -0999 69ccl6e8- cc55- 4854.8a34- df99524d6916 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 178 Q Along with William Ring, Martin O'Boyle, Citizens Awareness Foundation, Jonathan O'Boyle, The O'Boyle Law Firm, and all the same defendants as in the federal civil rights case; isn't that true? A No. I looked at the civil rights, the federal RICO case and I think there were other different people on that case. Q Okay. Who was -- A Different entities, different defendants. There was some additional -- I remember seeing there was some additional entities. Q Were those different additional corporate entities? A I believe. And there may have been additional individual entities, individuals. I'd have to see it and compare it. Q I'm showing you what's been marked -- previously marked as Plaintiff's Exhibit 11 that's in evidence, the federal civil rights case. Can you tell me what defendants are different or additional individual defendants? Let's start with that. A Okay. I don't see in the case that I filed that Nicholas Taylor is a defendant individually. I don't see that Airline Highway, LLC is a defendant. Commerce Group, GP, Inc. is not a Florida Court Reporting 561- 689 -0999 69ccISe6 -cc55 -4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 179 defendant in the case I filed. CG Accusations Co., Inc. is not a defendant. CRO Aviation, Inc. is not a defendant in the case I brought. Asset Enhancement's not. There's a number of entities here that are not. Q Those are all corporate entities of Martin O'Boyle; isn't that true? A I'm not certain. I'd have to -- I'd have to look at the complaint to tell you that. I -- Q You drafted that counterclaim? A I didn't actually. THE COURT: So I'm clear, you're referring to No. 9 or No. 11? MR. HANNA: Yes, No. 9. THE WITNESS: Actually my staff and Joanne did most of it. I edited a lot of it. BY MR. SWEETAPPLE: Q But you signed that; correct? A I signed it, yeah. Q And you're handling the counterclaims in all these cases? A I'm working with Joanne in defending the public records request cases. And I intend hopefully to have one trial on the counterclaim with regard to all of the enterprises for the lawsuits so Florida Court Reporting 561- 689 -0999 69cc16e8- cc55- 4854 - 804- W99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 180 we don't spend pressure judicial time having these cases cloud -- crowd the dockets. Q So then you are handling all 40 of Mr. O'Hare's public records cases then; is that your testimony? A I intend, if necessary, to come in and defend all of the public records cases. I'm hoping it won't be necessary, but I intend to if it's necessary. MR. HANNA: I'm going to move for admission of Plaintiff's Exhibit 9. THE WITNESS: Assuming the client -- assuming the client, you know, takes my advice. THE COURT: Any objection to No. 9, plaintiff's No. 9 in evidence. MS. O'CONNOR: No objection. MR. SWEETAPPLE: No, sir. THE COURT: No objection, it's in evidence. (Plaintiff's Exhibit No. 9 was marked for identification.) BY MR. HANNA: Q Is Scott Morgan directing the litigation in this matter for the Town of Gulf Stream? A Directing the litigation? Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55- 4854 -8a34- W99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 181 Q Yes. A No. Mr. Morgan is the mayor. I keep Mr. Morgan and the city manager apprised of what's happening, but I don't think -- just like I wouldn't tell Gerry Richmond how to conduct a RICO case, I don't think Mr. Morgan is going to direct me how to handle a defense of a civil lawsuit. Q All right. Getting back to the check of your files when you met with Mr. O'Hare, you were not representing the Town when you met Mr. O'Hare at Mr. Morgan's deposition; is that correct? A I'd have to look. Q Okay. A I don't remember if Mr. Morgan was a mayor at that time. I don't think he -- I think he was elected and not sworn in maybe. I'm speculating. Q So you don't -- A I was asked -- I was asked by Scott to come to the deposition. Was he being taken as mayor? Was I representing the town? I -- I assumed I was representing him individually. And I think -- I think I even wrote a letter later regarding a potential conflict or a waiver that I sent to the Town. That's my best recollection. Q A waiver for your representation of Mr. Florida Court Reporting 561- 689 -0999 69cc16e8 -cc5S- 4854.8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 182 Morgan? A Yeah, that I was to make clear that I had represented him and that that was individual. I think very shortly thereafter I was hired to represent the Town. Q But you had no basis based on that meeting with Mr. O'Hare at the deposition to do a conflict check; isn't that true? A Right. I don't think I did one. Q Okay. And didn't you previously testify that you performed a conflicts check after you received the motion to disqualify? A Well, it's not a conflicts check. I went through and -- I mean, I don't have a big firm. I've got a Miami office with four lawyers, a Boca office with four lawyers. A conflict check is often my partner calling from Miami saying do you know this guy, can we sue him. What I did is when you alleged that I had represented him, I asked my staff to go check a case in the court file to see if he was one of the people that was involved in the Ocean Ridge litigation I had. When I learned he wasn't I said, find out if and when this guy was ever a client. Q That's September 15th, 2014; correct? Florida Court Reporting 561- 689 -0999 69cc16e6 -cc55- 4654 -8a34- dt99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 183 A I don't know what date I did that. Q It was after that though, after the motion to disqualify was filed? A I'm sure. Yeah, I wouldn't have had a reason to do it beforehand. Q When you began investigating the civil RICO claim against my client and the O'Boyle group potential defendants, who authorized that investigation? A I don't think you would characterize what I did as investigating a RICO case. I was hired to represent my client with regard to abuses that were occurring. I started to defend those cases and investigate. In the course of my investigation, one or more people have made facts known to me and provided me with information that led me to conclude based on my legal training that I believed certain things that were happening. My client didn't say investigate whether or not Mr. O'Hare is abusing process. I'm familiar with abuse of process. When I saw what was going on I said to myself, if Levin has not abolished abuse of process as a cause of action in the State of Florida, it's pretty clear to me that Mr. O'Hare, if you look in the dictionary under abuse of process, Florida Court Reporting 561- 689 -0999 69cc16eBKc55 -4854- 8a74- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 184 his picture would be there. But no one asked me go investigate a RICO case, go investigate an abuse of process case. I take my cases as I find them, I take the facts as I find them, I take the law as I find it and I advise my client based on what I see and what I think as a result and then they decide what they want to do. Q And you're advising your client on the whole menagerie -- the whole spectrum of the cases the Town of Gulf Stream was facing against Christopher O'Hare and Martin O'Boyle? A Are you embarrassed to be sitting in a courtroom on a motion to disqualify me repeatedly asking me what I'm advising my clients in litigation that involves your client or not? Because I don't think it's approp what I'm advising I don't to disqualify me, numerous suits -- but I'm trying to riate for me to disclose to you my clients. -- even if you sue me or you move numerous motions to disqualify, and I'm trying to be respectful, resist having you abuse the court system even more by continuing to ask me what I advised my clients and why. Q Do you advise your client that abuse of process requires that you prevail in the underlying Florida Court Reporting 561- 689 -0999 69cc16e8- cc554854 -8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 185 litigation first before you can file it? A No, because it doesn't. That would be malicious prosecution. You're wrong. THE COURT: Gentlemen, I'm trying to be patient, but I'm running out of patience. How much time do you need to finish your cross - examination? MR. HANNA: Your Honor, I am -- BY MR. HANNA: Q Oh, one other thing. You went to the -- THE COURT: How much time do you need to finish? MR. HANNA: Another five minutes, not even five minutes. THE COURT: Go ahead. BY MR. HANNA: Q You went to the Town of Gulf -- to the Town of Ocean Ridge to look through the records after I had told you in September that we had found records about you representing Mr. O'Hare, your name was mentioned? A No. Q You went before September 2014? A No. Q When did you go to the Town of Gulf Florida Court Reporting 561- 689 -0999 69ccl We c55- 4854.8a34- df99524d6916 3 9 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1861 Stream -- or the Town of Ocean Ridge? A The day after you were there. Q So that was in September or October 2014? A Whatever it was, I was there the day after you were there. Q It wasn't prior to the motion to disqualify; correct? A No, no, it was -- I was -- I was alerted that you had been there and I went the next day and I looked at the records and found the same records you found. Q Do you recall saying in Mr. O'Hare's deposition that this was all a figment of his imagination in December -- or October 24th, 2014? A In a question? Q In a speech. A I recall and I still think that your client has exaggerated -- THE COURT: The question, Mr. Sweetapple, is do you recall that statement. THE WITNESS: I don't recall if I said that or not, but it would be consistent with my belief. BY MR. HANNA: Q What is your belief? Florida Court Reporting 561- 689 -0999 69cc16e8 -cc 55-4854-8a34.df99 524d691 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 187 A My belief is that Mr. O'Hare testified at his deposition in 2014 that he couldn't recall any conversations with me after 1998 and he's since perfectly recalled all these conversations. His testimony at his deposition in 2014, if you put it next to his deposition he gave last month and his testimony today shows that he expands his entire storyline. He's the only one that's sure I was at a meeting at town hall that I have when Mr. Nicoletti said I wasn't said I wasn't there. Mr. Jonas But he's sure of everything that word that was said 18 years ago. convenient. no recollection of there, his wife says he's not sure. happened, every It's very He waited five months to file a motion to disqualify me. If I betrayed Mr. O'Hare's confidence as he suggests, he would have gone to the Bar, sent a letter, sued me, been totally outraged. There's no way he would come up to me at a deposition of the mayor and say, oh, you're a great guy, I like you, you represented me, you're a great lawyer. Because if anyone -- if any lawyer ever disclosed some confidence like that, it would be the biggest outrage that I can imagine ethically. Florida Court Reporting 561- 689 -0999 69ccl608 c554854- 8a34-df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 188 Q You were at Mr. Jonas's deposition; isn't that correct? A Well, Mr. Jonas's deposition was taken by phone. I was in my office. Q Yet Mr. Jonas also said you were the lead person in the code enforcement action, that it was your client and that you took the lead? THE COURT: I'm going to read Mr. Jonas's deposition. MR. HANNA: Yes, Judge. THE COURT: Let it speak for itself. MR. HANNA: I'm just clarifying what the witness has said. THE COURT: I don't need to hear from him or you what it says if I'm going to read it. MR. HANNA: Okay. I don't have anything further. THE COURT: Ms. O'Connor, any cross? MS. O'CONNOR: Just a few. CROSS- EXAMINATION BY MS. O'CONNOR: Q Mr. Sweetapple, good afternoon. A Remember, I'm your co- counsel. Q Yes. A Be nice. Florida Court Reporting 561- 689 -0999 69ccl608 c55-4854.8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 189 Q Mr. O'Hare testified that you referred him to Heath King. Do you have a personal recollection of having done that? A No. Q Does it surprise you that he says you referred him to Heath King? MR. HANNA: Your Honor, I'm going to object. I don't believe I questioned Mr. Sweetapple regarding Heath King. I move to strike. Beyond the scope of cross. THE COURT: I don't recall if that was asked of this witness or not. MR. HANNA: Or direct. THE COURT: Were you asked that on -- THE WITNESS: I was asked about Heath King on direct. MR. HANNA: No, Your Honor, I did not ask about THE COURT: Okay. I tell you what, I'm going to let him answer the question. If you want to order the transcript and find it wasn't raised, I'll strike that from the record, okay. MR. HANNA: Okay. THE COURT: Go ahead. Florida Court Reporting 561- 689 -0999 69cc16e8 -cc55. 4854- 8a34- dt99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 190 BY MS. O'CONNOR: Q Does it surprise you that he says you referred him to Heath King? A No. I have in the course of 25 to 30 years referred well over 100 -- maybe hundreds of people to Heath King. Q In your experience, does litigation often negatively affect people emotionally? A I find that clients are stressed out, anxious. That's the typical thing. I've seen Heath mediate cases. I find that he's -- the way I came to know him was with a client who got referred to anger management with Heath King by a judge and the client was raving about him. So, yes, I find that clients are often very anxious and very nervous. And as I said in my deposition, I've had a client kill himself, I've had • client kill someone else. I have no desire to see • repeat of either of those events. And if I see anybody who's a client or at a cocktail party or a friend or a child's -- a child of a friend, I find that Heath is an incredible resource to make sure people have someone they can talk to and get the help they need. Q What's your understanding of Heath King's Florida Court Reporting 561- 689 -0999 69cc16e9 -cc55 -4954. 804- M99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 191 educational background? A Heath King received a Ph.D. from a university in Germany. He speaks many languages. He was professor of interdisciplinary studies at Yale where he, I think, has a Ph.D. in philosophy. He's not a psychologist. He's not a medical doctor. He works with psychologists and medical doctors, but he basically performs talk therapy. He talks to people, he counsels them and he mediates. Q Did you ever share with Dr. King any confidential or attorney /client information that had been provided to you by Mr. O'Hare? A I have no recollection of even talking to Heath King about any matter involving Mr. O'Hare's confidences. MS. O'CONNOR: No further questions, Your Honor. THE COURT: Any redirect? MR. HANNA: Yes. REDIRECT EXAMINATION BY MR. HANNA: Q Heath King's a psychoanalyst; isn't that true? A He calls himself a psychoanalyst, and he's told me that pursuant to Florida law you do not have Florida Court Reporting 561- 689 -0999 69cc16e6 -cc55- 4954 -8a34- dt99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 192 to be a medical doctor or a psychologist to be a psychoanalyst. Q But you have no recollection at all of Christopher O'Hare -- A No. Q -- in 1998? A None. Q And no recollection of whether you referred him to Heath King? A No recollection, but it's entirely consistent with my practice. MR. HANNA: I don't have anything further. THE COURT: All right. Thank you, sir. You can step down. THE WITNESS: Thank you. THE COURT: Your next witness, Mr. Hanna. MR. HANNA: That would be it, Your Honor. THE COURT: You're resting? MR. HANNA: Yes. THE COURT: All right. Anything from the defense? MS. O'CONNOR: Yes, Your Honor, we'll call Mr. Sweetapple's paralegal, Ms. Bailey. THE WITNESS: Ms. Bailey, come up, please. Face the clerk, please, ma'am, and raise your Florida Court Reporting 561- 689 -0999 69ccl6e8- cc553854 -8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 193 right hand. THEREUPON, CYNTHIA BAILEY, called as a witness by the Defendant, having been first duly sworn by the Clerk, in answer to questions propounded, was examined and testified as follows: THE WITNESS: I do. THE COURT: Have a seat over here. Watch your step, please. DIRECT EXAMINATION BY MS. O'CONNOR: Q Good afternoon, Ms. Bailey. Can you please state your name for the record? A Cynthia Bailey. Q How you are you currently employed? A I'm a certified paralegal for the firm of Sweetapple, Broeker and Varkas. Q And how long have you been a paralegal for Sweetapple, Broeker and Vargas? A Almost nine years. Q Okay. And just generally how long have you been a paralegal? A Almost, I'd say, 12 or 13 years. Q Okay. Did there come a point in time Florida Court Reporting 561- 689 -0999 69cc16eB- cc554854 -Ba74- dt99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 194 where Mr. Sweetapple asked you to search the firm's records relative to any prior representation of Christopher and Shelly O'Hare? A Yes, he did. Q And approximately when was that, if you recall? A I would say it was the end of last year. I'm not sure exactly when it was. Q Okay. And can you walk us through what you did to search for responsive records? A First I went through and looked for a case that had to do with Mr. Sweetapple representing Mr. O'Hare. So I pulled up Mr. Sweetapple's name, which pulled up every case he's ever been associated with. I looked through all of those to make sure that there was no mention of Mr. O'Hare. I also pulled up Mr. O'Hare by his last name, looked through records that he was associated with and did not see Mr. Sweetapple on any of them. Then we went and looked through -- we have a list of closed files at our firm. So I looked through them. I did a search based upon Mr. O'Hare's last name. There was nothing that came up. We then reviewed our billing system, which is known as Dapix, and what I did is looked through Florida Court Reporting 561- 689 -0999 69ccI6e8- cc554854- Ba34- df99524d6916 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 195 a listing of all clients that were -- it's a master client list, found his last name. That gave me an associated client number. I pulled up the client number to see if there were any matters listed. There were no matters listed under his name. I then performed a search to see if there was any monies deposited or any time slips put in as far as billing was concerned, and I found nothing for any of the searches. It was specifically his name was entered. We did have a client number issued for him, but there was nothing beyond that point. MS. O'CONNOR: Your Honor, may I approach the witness? THE COURT: Yes, ma'am. BY MS. O'CONNOR: Q Ms. Bailey, I'm handing you an exhibit that is marked as Defendant's Exhibit 1. A Uh -huh. Q Can you tell me if you recognize these documents? A I do. Q Okay. And if you could walk us through, what is the first page? A Sure, the first page is a screen shot from Florida Court Reporting 561 -689 -0999 69cc16e8- cc55- 4854 -8a94- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 196 Dapix, which is our legal billing system which has all of our billing and any client accounting. This is the client maintenance screen, and what it shows is -- the originating timekeeper would be the originating attorney. The initials are ERJ. And then -- Q Can I stop you right there? A Yes. Q Do you recognize those initials? A No. When I first had seen them, I was not sure who that was. Q Did you do anything to determine who ERJ is or was? A I spoke to Mr. Sweetapple. Q Okay. And who do you understand these initials are associated with? A It's my understanding they're Mr. Jonas. Q Okay. A And then it gives an open date of April 6th, 1998. Q And what is the open date? What does that mean? A Open date would be the date that the information was originally put into the system, and that would be the date that the client was created. Florida Court Reporting 561- 689 -0999 69cc16e8- cc55-4854- ea74- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 197 Q Okay. A And that's really the most that you're going to get out of that particular page. Q How about the second page? A The second page is entitled matter listing and it shows that I did a search from January 1st of 1900 to March 10th of 2015. It shows any type of law that could have been included, and it was one of the search parameters, any timekeepers, any billing frequency. The client is shown as 00424, which is Christopher O'Hare. If you look below it shows that there is nothing listed as far as a matter number. It would be listed -- where it says client number matter number, there would be an actual listing there. Q When are matter numbers generally assigned? A Matter numbers are assigned when we have -- when there's some sort of billing activity that's completed for that client. For instance, if someone comes in and meets with Mr. Sweetapple and it's something that he bills for, we would have that information there, or if a new client comes in, we take on a case, things of that nature. Any time slips that we would have that would be billed were Florida Court Reporting 561- 689 -0999 69cc16e8-cc55 -4854- Ba34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 198 done through this system exclusively. Q Okay. A The next one is client matter listing. This is pretty much again done from January lst, 1900 to March 10th, 2015, the same client and our timekeepers, all our codes, all billing frequencies. And again, this is just showing that there's no matters associated with this client number. Q And the final page, the accounts receivable report? A The final page is showing that we have no record whatsoever of any money being received for Mr. O'Hare. This would show anything as far as billing that was sent out, any monies that came in for a trust deposit for costs, any fees that had been paid, any retainers that had been received, and it shows no record of anything. MS. O'CONNOR: Your Honor, at this time we move to admit Defendant's Exhibit 1. THE COURT: Any objection, Mr. Hanna? MR. HANNA: No, Your Honor. THE COURT: All right. Without objection, Defendant's 1 is admitted. (Defendant's Exhibit No. 1 was admitted into evidence.) Florida Court Reporting 561- 689 -0999 69cc16e6- cc551654- 6a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 199 MS. O'CONNOR: No further questions of this witness. THE COURT: Any cross - examination? MR. HANNA: Yes, Judge. CROSS- EXAMINATION BY MR. HANNA: Q When did you start working for Sweetapple, Broeker and Varkas? A It was roughly -- it was in August roughly, I would say, eight and a half, nine years ... Q In mid 2000s? A Somewhere around there. Q 2005, 2006. This Dapix system, it's not a -- it wasn't a billing system in 1998; isn't that true? A To the best of my -- as long as I have been employed, Dapix has been used for specifically entering in our time tickets. We've done all our billing through that system. We have done all of our bookkeeping through that system. We just recently updated our system. We actually were one of the last people to be using this system. We have had this for quite a long time. Like I said, there was -- there was no other Florida Court Reporting 561- 689 -0999 69ccl W.ccSS- 4854.8a74- df99524d6916 1 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 200 system used for client entries of monies or time. It was -- everything went specifically into Dapix. Q Now, in this system the information can still be edited after it's entered; isn't that true? A Could it be? I'm sure there might be a way. I'm not positive one way or another. Q Who is user Flo Brooks? A Flo Brooks is the -- she's the head bookkeeper. In order to have access to certain reports, you have to have certain clearance levels. I used her computer to get into the system. So it's her log -on that was used. Q And this report was run on March 10th, 2015? A Yes. It has the most recent information up through 1900 till that day. Q Do you regularly use this system to search for preexisting clients? A Yes, anything that we had -- well, now we use a different system, but previously, yes. Even still now if we needed to look back and see, it has listings of closed matters. If we need to go back and see what was the matter number of someone that we closed it out six years ago, we can pull that up. And we can also pull up a client by their client Florida Court Reporting 561 -689 -0999 69cc16e8- cc55-4854.8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 201 number and it will have a listing of all accounts and matter numbers whether it was closed or open at that point. Q Now, do you do this search whenever you open a new file? A We wouldn't do it for every time that we open a file, no. Q Now, this information that appeared, does this -- this indication of Christopher O'Hare, does that mean that there's no record in the computer system of Christopher O'Hare or -- A This means specifically that the name was entered in and a client number was created for him. However, because there's no -- in order for any billing to be entered into the system, in order for any money to be entered into the system, the way we would track everything is each specific case that comes in is issued a matter number. So, for instance, Jane Doe versus John Doe would be matter number one. Jim Doe versus Frank Doe would be matter number two. That's how we differentiate between -- for instance, in the trust account, making sure that each -- the monies didn't commingle and things like that. So every client has to have a matter Florida Court Reporting 561- 689 -0999 69cc16a8 -cc55- 4854.8aU- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 202 number to know which case we were dealing with them. For instance, we have some clients who have 18 matters going at the same time. So we have to be very strict on making sure that everything goes into the correct basket for, you know, that purpose. So we would always have a matter number issued for anything that was opened. Q So basically what this report shows is that a Christopher O'Hare appears as a client? A It shows that he was entered in -- his name was entered into the system. Q Okay. A There's no other way to enter them but as a, quote, unquote, client. There's no way to put a potential client or -- if you came in, we would put your information in and it would be under the client tab. That's our only way to do that. Q And the client number, is that automatically -- A Generated? Q Generated. A Yes, to the best of my knowledge. Q And that 00, is that -- the 00424, that would be the year, 00? A No, that would be -- there is the Florida Court Reporting 561- 689 -0999 69cc16e6- cc55.4654 -Ba34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 203 possibility of having five digits in that particular entry. Q Would he have been the 424th client entered? A I can't say for sure on that one. Q Okay. And when did you actually do this search? Was it March 15th? A I had previously done this search around September and that, I believe, was -- the original printout was put on Mr. Sweetapple's records custodian deposition. Q Okay. A I was unable to locate that printout, so I duplicated it. Q And this indicates that the open date was April 4th, 1998 for -- A April 6th, 1998. Q April 6th. I need bifocals. I apologize for that. And that would be for client 00424, Christopher O'Hare? A Correct. Q Do you know if they -- is this a system that you have to enter the information for it to function properly? Maybe I didn't ask that question Florida Court Reporting 561- 689 -0999 69cci6e8- cc55-4854- 8a34- df99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 204 right. Do you know in 1998 whether they were entering all the information in full? A In 1998 I was not even in the state. I was technically still in high school. So, no, I don't have that information. Sorry. MR. HANNA: Okay. I don't have anything further. THE COURT: Redirect? MS. O'CONNOR: Nothing, Your Honor. THE COURT: Ma'am, the first page that you referred to has a phone number on it, but not an address; is that right? THE WITNESS: That would be -- yes. There's two tabs. There's a general information tab where there would be an entry for the address on that tab. On this tab it was for -- that's showing a referral name. So if someone had referred, we'd put their information there. THE COURT: And so there's no address reflected on that? THE WITNESS: Not on this printout, no. THE COURT: And the phone number reflected, do you know whose phone number Florida Court Reporting 561- 689 -0999 69 cc16e8 -c c554854 -ga74- df99524d 6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 205 that's supposed to be? THE WITNESS: I do not. THE COURT: Okay. And so when this information is filled out, is it filled out by the attorney or at the direction of the attorney by a staff member? THE WITNESS: The attorney would give the information to the staff member who would then enter it into the computer. THE COURT: So does the fact that there's only a phone number there and not an address reflect to you in any way how this entry was made? THE WITNESS: No. I had printed out the billing information tab to show who the originating timekeeper was to show -- I did not print out the tab that said general information, and that is where you would find the address that they had given us for billing purposes, like where we would have sent the invoices and their contact phone numbers. THE COURT: You did not print out that tab? THE WITNESS: It looks like -- I though I had, but it doesn't. Florida Court Reporting 561- 689 -0999 69 ccIW- cc55- 4854.8a34- 099524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 206 THE COURT: Do you know if there was anything on that tab? THE WITNESS: It did show an address and a phone number. THE COURT: For Mr. O'Hare? THE WITNESS: Yes. That's the name that was associated with Christopher O'Hare: THE COURT: Okay. Thank you, ma'am. You can step down. Anything else, Ms. O'Connor? MS. O'CONNOR: No, Your Honor. THE COURT: All right. Both sides are finished with their testimony. What I will do is give you until the end of the day on Monday to submit your proposed orders with references to the record that you think supports your position and any authority that you want me to consider in response to your proposed order. Get the authority highlighted so it will save me a little bit of time, and I'll try and get an order out to you next week. You can send it to the Division AA e -mail address, which you'll find on the 15th Circuit's Website. Send it in Word format in case I need to edit one or the other. Florida Court Reporting 561- 689 -0999 69 cc16e8- cc55-4854- 8a74- dt99524d6916 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 207 Any questions? MR. ROEDER: What time Monday, sir? THE COURT: End of the day. Get it to me by 4:30. All right. Anything else? MR. HANNA: No, Judge. Thank you. THE COURT: All right. Thank you, all. MR. SWEETAPPLE: Thank you for hearing us. (The hearing was concluded.) Florida Court Reporting 561- 689 -0999 69ccI6e8- cc554854- 8a34-df99524d6916 208 1 CERTIFICATE OF REPORTER 2 3 STATE OF FLORIDA ) 4 COUNTY OF PALM BEACH ) 5 6 I, BETH L. KELLY, Florida Professional 7 Reporter, certify that I was authorized to and did 8 stenographically report the foregoing proceedings 9 and that such transcription, Pages 1 through 207, 10 herein is a true and accurate record of my 11 stenographic notes. 12 I further certify that I am not a relative or 13 employee or attorney or counsel of any of the 14 parties, nor a relative or employee of such attorney 15 or counsel, or financially interested, directly or 16 indirectly, in this action. 17 The certification does not apply to any 18 reproduction of the same by any means unless under 19 direct control and /or direction of the reporter. 20 Dated this 13th day of March, 2015. 21 22 23 B H L. KELLY, FPR 24 25 AA 206:22 ability 171:8 abolished 183:22 abuse 183 :21,22,25 184:3,21,24 abuses 183:12 abusing 183:20 abusive 169:1,8 access 200:9 account 201:22 accounting 196:2 accounts 198:9 201:1 accurate 208:10 Accusations 179:1 action 183:23 188:6 208:16 actions 169:9 activity 166:13 197:19 actual 197:15 addition 174:17 additional 178:10 178:11,12,15,20 address 204:13,17 204:21205:11,19 206:3,23 admission 180:11 admissions 171:14 admit 198:19 admitted 159:3 174:2,3 198:23,24 advice 180:13 advise 184:5,24 advised 184:23 advising 184:8,14 184:17 affect 190:8 affidavit 162:6,6 163:12 affirmative 170:20 177:18 afternoon 188:22 193:13 ago 187:14 199:11 200:24 agree 172:23 ahead 185:15 189:24 Airline 178:24 alerted 186:8 allegations 166:7 166:12 alleged 166:13 182:19 allegedly 171:17 alleging 163:6 alter -egos 170:18 170:19,23 amend 170:12 amended 156:15 177:17 and /or 208:19 anger 190:13 answer 163:11 177:18 189:20 193:5 antisocial 169:7 anxious 190:10,16 anybody 190:20 apologize 203:18 apparently 164:1 appeared 166:21 169:21 170:1,3,11 201:8 appearing 157:1,8 173:14 appears 202:9 apply 208:17 apprised 181:3 approach 195:13 appropriate 168:5 184:16 approximately 194:5 April 196:20 203:16,17,18 asked 161:10 172:17 175:7 181:18,18 182:20 184:2 189:12,14 189:15 194:1 asking 184:14 Asset 179:3 assigned 197:17,18 associated 194:14 194:18 195:3 196:16 198:8 206:7 assumed 181:20 assuming 180:12 180:13 attention 175:24 attorney 176:15 196:5 205:5,6,7 208:13,14 attorney's 171:16 attorney /client 191:11 attorneys 172:6 176:2 August 161:24 176:18 199:9 authority 206:17 206:19 authorized 170:8 183:8 208:7 automatically 202:19 availability 173:18 Aviation 179:2 award 170:19 aware 166:23 175:22 176:14 Awareness 161:17 162:24 178:2 B B 159:1 back 160:2 161:24 172:15 181:8 200:21,22 background 191:1 Bailey 158:19 192:23,24 193:3 193:13,15 195:17 Bar 187:19 Barkdull 166:18 based 166:14 171:21 174:22 182:6 183:17 184:6 194:22 basically 191:8 202:8 basis 166:6,11 182:6 basket 202:5 Beach 156:1 157:3 157:10 208:4 began 183:6 behalf 157:1,8 163:17 170:1 behavior 163:4 169:7,10 172:2 belief 186:23,25 187:1 believe 166:24 169:5,18 170:5,6 170:14,22,24 171:3,21 177:9 178:14 189:8 203:9 believed 165:25,25 183:17 benefits 171:5 best 181:24 199:17 202:22 BETH 208:6,23 betrayed 187:17 beyond 189:10 195:11 bifocals 203:18 big 182:14 biggest 187:25 billed 197:25 billing 194:24 195:8 196:1,2 197:9,19 198:6,14 199:16,20 201:15 205:15,19 bills 197:22 bit 206:20 Blanc 156:16 168:8 170:12 block 173:16 blue 166:23 Florida Court Reporting 561- 689 -0999 Bob 173:18 Boca 157:13 182:15 bookkeeper-200:9 bookkeeping 199:21 BOX 157:3 bring 171:16 Broeker157:12 193:18,20 199:8 Brooks 200:7,8 brought 167:13,16 171:18 175:24 179:3 C cabinets 161:3 call 160:14 192:22 called 193:4 calling 182:17 calls 191:24 candor 175:8 case 156:3 159:11 162:22 164:3 165:8,20 166:5,8 166:12,15,22 167:4 168:2,3,19 170:8,10,11 172:1 175:23 176:5,8,8 176:14 177:19,21 178:4,6,7,19,22 179:1,3 181:5 182:20 183:11 184:3,3 194:11,14 197:24 201:17 202:1206:25 cases 161:4 162:5,7 163:6,13 165:22 167:7,18,25 168:8 171:17,17 173:14 174:6,8,8,10,20 174:21,24,25 175:1,3,5,12,13 175:18,19 179:21 179:23 180:2,4,7 183:13 184:4,9 190:11 cause 183:23 certain 161:20 166:24 169:9 179:8 183:17 200:9,10 certainly 165:17 CERTIFICATE 208:1 certification 208:17 certified 193:17 certify 208:7,12 CG 179:1 chance 160:23 Chandler 161:13 161:14 162:21 163:2 166:23 168:19 169:4 171:6 Chandler's 161:23 characterize 183:10 charge 174:25 check 181:8 182:8 182:11,13,16,20 child 190:21 child's 190:21 Christopher 156:5 158:3 162:10,17 162:18 177:23 184:11 192:4 194:3 197:11 201:9,11202:9 203:21206:7 CIRCUIT 156:1,1 Circuit's 206:24 Citizens 161:16 162:24 178:2 city 181:3 civil 163:7 165:20 166:14 175:23 178:4,5,19 181:7 183:6 civilized 172:3 claim 163:7,17,19 163:21 170:14 172:16 183:7 claims 169:6 171:22 clarifying 188:12 clear 179:12 182:2 183:24 clearance 200:10 clerk 192:25 193:5 client 168:20,23 169:10 170:4 175:20 180:12,13 182:24 183:7,12 183:19 184:6,8,15 184:24 186:18 188:7 190:12,14 190:17,18,20 195:2,3,3,10 196:2,3,25 197:10 197:14,20,23 198:3,5,8 200:1 200:25,25 201:13 201:25 202:9,14 202:15,16,18 203:3,20 clients 167:18 171:15 184:14,17 184:23 190:9,15 195:1200:18 202:2 close 167:20 172:8 closed 194:21 200:22,24 201:2 closely 167:3,11,24 cloud 180:2 co- counse1167:6 174:13 188:23 co- defendant 177:24 cocktail 190:20 code 188:6 codes 198:6 Cole 167:17 come 160:2 175:17 180:6 181:19 187:20 192:24 193:25 comes 197:21,23 201:18 coming 176:4 Commerce 178:25 commingle 201:23 commission 170:9 communities 171:10 community 172:5 companies 171:4 compare 178:16 complaint 179:9 completed 197:20 computer 200:11 201:10 205:9 concerned 195:8 concerning 162:22 conclude 183:16 concluded 207:9 conclusion 170:5 conduct 169:2 181:5 conference 168:6,7 168:16 176:10,12 conferences 165:24 confidence 187:18 187:24 confidences 191:15 confidential 176:11 191:11 conflict 181:23 182:7,16 conflicts 182:11,13 conjunction 163:18 169:3 consider 169:10 206:18 consistent 186:22 192:11 conspiracy 163:7 170:25 consulted 168:3 contact 175:3 205:21 contacted 166:22 continue 160 :4 Continued 158:15 160:6 continuing 184:22 control 208:19 convenient 187:15 conversation 165:14 conversations 168:18,21 187:3,4 convince 168:23 cooperate 175:4 corporate 178:12 179:6 correct 160:12,20 161:6 162:2,10,17 168:1,20 172:11 174:9 175:9 179:18 181:11 182:25 186:7 188:2 202:5 203:22 costs 198:15 counsel 156:16 174:21,23,24 175:2,3 208:13,15 counsels 191:9 counterclaim 170:7 177:18,23 179:10 179:24 counterclaims 179:20 COUNTY 156:1 208:4 course 166:17 183:14 190:4 court 156:1 160:2 162:5,7 163:10 164:8,10,12,13,23 170:15,21 172:15 172:22 173:9,23 174:1 175:8,11 177:1,4,6 179:12 180:14,18 182:21 184:21 185:4,11 185:15 186:19 188:8,11,14,18 189:11,14,19,24 191:18 192:13,16 192:18,20 193:9 195:15 198:20,22 199:3 204:9,11,21 Florida Court Reporting 561- 689 -0999 I 204:24 205:3,10 205:22 206:1,5,8 206:12 207:3,7 Court's 173:2 courtroom 184:13 created 196:25 201:13 criminal 163:3 166:13 CRO 179:2 cross 160:15 188:18 189:10 cross - examination 158:5,10,16,21 185:7 188:20 199:3,5 crowd 180:2 current 175:6 currently 193:16 custodian 203:11 Cynthia 158:19 161:7 193:3,15 D D 156:16 158:1 Dapix 159:15 160:20,21 161:12 194:25 196:1 199:15,18 200:2 date 156:24 168:10 168:14 169:15 176:9 183:1 196:19,21,23,23 196:25 203:15 Dated 208:20 day 172:22 186:2,4 186:9 200:16 206:14 207:3 208:20 days 173:16 dealing 202:1 deals 172:12 debate 172:16,25 December 165:3 186:14 decide 184:7 decision 173:2 declarations 170:21 declare 170:16 defend 180:7 183:13 defendant 156:9 157:8 178:23,25 179:1,2,3 193:4 Defendant's 159:14 195:18 198:19,23 198:24 defendants 178:3,9 178:20,21 183:8 defending 179:22 defense 156:16 170:15 181:7 192:21 defenses 177:18 demand 171:9 Depo 159:4 depose 173:15 175:19 deposit 198:15 deposited 195:7 deposition 165:2,6 165:15 169:21,25 170:2 171:17 181:11,19 182:7 186:13 187:2,5,6 187:21 188:1,3,9 190:17 203:11 DESCRIPTION 159:3 desire 190:18 destroyed 160:23 detailed 168:17 details 169:11 determination 173:3 determine 172:18 196:12 dictionary 183:25 different 178:7,9,9 178:12,20 200:20 differentiate 201:21 digits 203:1 direct 158:4,9,14 158:15,20 160:6 181:6 189:13,16 193:11208:19 directing 180:23,25 direction 205:5 208:19 directly 208:15 disclose 162:13 163:1,23 184:16 disclosed 187:24 discovered 171:13 discovery 1(6:3 discuss 166:1 discussed 176:7,17 dismiss 165:21 167:10 dismissed 167:9 dispute 168:23 disqualification 172:18 disqualify 156:16 182:12 183:3 184:13,19,19 186:7 187:17 Division 206:22 divulge 161:21,25 dockets 180:2 doctor 191:6 192:1 doctors 191:7 documents 195:21 Doe 201:19,19,20 201:20 doing 172:5 Dr 191:10 drafted 179:10 Drive 157:10 duly 193:5 duplicated 203:14 duty 175:8 E E 158:1 159:1 e-mail 159:12 173:7,12,19 174:6 174:10,11,19 206:22 edit 206:25 edited 179:16 200:4 educational 191:1 Edwin 159:4 eight 199:10 either 165:18 190:19 elected 169:17,22 169:23 181:16 embarrassed 184:12 emotionally 190:8 employed 161:16 193:16 199:18 employee208:13 208:14 enforcement 188:6 Enhancement's 179:4 enter 173:21 202:13 203:24 205:9 entered 195:10 200:4 201:13,15 201:16 202:10,11 203:4 entering 199:19 204:3 enterprises 179:25 entire 187:7 entirely 192:10 entities 178:9,11,13 178:15 179:4,6 entitled 197:5 entity 172:8 entries 200:1 entry 161:12 203:2 204:16 205:12 epicenter 171:8 equal 170:3 ERJ 196:5,12 ESQUERE 157:2,5 157:9,12 essentially 170:15 171:7 ethically 187:25 event 173:13 events 190:19 evidence 169:5 173:22 174:4 178:19 180:15,19 198:25 exact 165:16 exactly 165:10 194:8 exaggerated 186:18 examination 158:4 158:6,9,11,14,15 158:17,20 160:4,6 191:20 193:11 examine 160:15 examined 193:6 exclusively 198:1 Excuse 177:1 exhibit 173:6 174:3 177:16 178:18 180:11,20 195:17 195:18 198:19,24 existed 160:22 expands 187:7 experience 190:7 expressing 175:16 extends 170:25 F F 156:5 Face 192:25 facing 184:10 fact 170:22 205:10 facts 183:15 184:4 false 162:11 familiar 183:20 far 161:8 195:8 197:13 198:13 February 170:13 federal 159:8 174:12,20 175:5 175:23 178:4,6,19 fees 171:16,20 198:15 fight 176:15 figment 186:13 file 160:22 161:2 177:17 182:21 Florida Court Reporting 561- 689 -0999 185:1 187:16 201:5,7 filed 162:4,6,22 163:5,7,12,16,17 163:18,25 164:1 166:22 170:7,9 173:14 178:23 179:1 183:3 files 160:9,10,16 161:1,5,8 181:9 194:21 filing 165:8 168:24 168:25 174:16 filled 205:4,4 final 198:9,11 financially 208:15 find 161:3 182:23 184:4,5,5 189:21 190:9,11,15,21 205:18 206:23 finish 185:6,12 finished 206:13 firm 162:25 164:4 164:21 166:13,21 167:7,22 168:18 171:3,18 174:15 174:18 178:3 182:14 193:17 194:21 firm's 194:1 first 185:1 193:5 194:11 195:24,25 196:10 204:11 firsthand 161:18 five 161:2 162:7 185:13,14 187:16 203:1 FL 157:3,6,10,13 Flagler 157:10 Flo 200:7,8 Florida 156:1 161:15 183:24 191:25 208:3,6 focus 172:17 176:1 following 160:1 follows 193:7 foregoing 208:8 format 206:24 forms 161:1,3 forthcoming 168:19 Foster 157:9 168:7 168:12 176:23 177:11 found 160:10 185:19 186:10,11 195:2,8 Foundation 161:17 162:24 178:2 four 182:15,16 FPR 208:23 Frank 201:20 fraudulent 163:3 frequencies 198:6 frequency 197:10 friend 190:21,21 full 161:3 204:3 function 203:25 funding 171:3,5 further 188:17 191:16 192:12 199:1204:8 208:12 genera1165:13 204:15 205:17 generally 165:4 193:22 197:16 Generated 202:20 202:21 Gentlemen 185:4 Germany 191:3 Gerry 181:5 getting 171:15 181:8 give 168:5 172:6 173:1205:7 206:14 given 168:4 171:5 205:19 gives 196:19 GMM/MADISON 157:2 go 169:11 17 1: 10 182:20 184:2,3 185:15,25 189:24 200:22 goes 172:20 202:4 going 160:14 162:13,22 163:1 163:23 164:14 165:8 166:1,25 172:4,23 175:11 180:10 181:6 183:21 188:8,15 189:7,20 197:3 202:3 good 160:23 188:22 193:13 government 172:8 GP 178:25 Gray 171:19 great 187:21,22 group 164:1 178:25 183:7 Gulf 156:8 162:23 163:22 165:21 167:4,14,18,25 168:2 169:13 171:7 172:6 177:20 180:24 184:10 185:17,25 guy 182:18,24 187:22 H 159:1 half 199:10 hall 187:10 hallway 165:5 hand 193:1 handing 195:17 handle 166:16 175:1 181:7 handled 167:16 174:20 175:1 handling 174 :11,12 175:5,14,18 179:20 180:3 Hanna 157:2 158:4 158:6,9,11,14,15 158:17,21 160:7 163:14 164:5,9,11 164:18 165:1 172:20 173:4,11 173:21 174:5 177:3,5,8,14 179:14 180:10,22 185:8,9,13,16 186:24 188:10,12 188:16 189:7,13 189:17,23 191:19 191.:21 192:12,16 192:17,19 198:20 198:21 199:4,6 204:7 207:6 happened 187:13 happening 172:5 181:4 183:18 head 200:8 hear 164:15 172:24 188:14 heard 174:22 hearing 167:9 207:8,9 Heath 189:2,6,9,15 190:3,6,10,13,22 190:25 191:2,14 191:22 192:9 help 164:14 190:24 high 204:5 highlighted 206:19 Highway 178:24 hired 166:16 167:1 167:3 169:13 182:4 183:11 Honor 164:5,19 185:8 189:7,17 191:17 192:17,22 195:13 198:18,21 204:10 206:11 HONORABLE 156:16 hopefully 179:24 hoping 180:7 hour 162:7 hundreds 190:5 I idea 174:12 176:6 identification 180:21 11 156:13,13 imagination 186:14 imagine 187:25 immediately 173:15 include 168:20 included 165:20 197:8 including 164:3 169:4 incredible 190:22 indicated 160:10 indicates 203:15 indication 201:9 indirectly 208:16 individual 161:14 178:15,21 182:3 individually 178:24 181:21 individuals 162:8 170:18,22 178:15 information 168:4 175:4 183:16 191:11 196:24 197:23 200:3,15 201:8 202:16 203:24 204:3,6,16 204:20 205:4,8,15 205:18 initials 196:5,9,16 instance 197:20 201:19,22 202:2 insurance 174:21 175:2 intend 161:21,25 179:23 180:6,8 intending 174:24 interdisciplinary 191:4 interested 208:15 interview 162:21 163:2 Florida Court Reporting 561 -689 -0999 I investigate 166:21 183:14,19 184:2,3 investigating 183:6 183:11 investigation 163:21 166:7,14 168:17 183:9,14 invoices 205:21 involve 174:22 involved 171:1,2,4 175:12 182:22 involvement 162:8 163:20 165:25 involves 171:2,3,5 171:6 184:15 involving 166:18 175:6 191:14 issue 172:17 issued 195:11 201:18 202:6 J 157:2 Jacksonville 171:14 Jane201:19 January 197:6 198:4 Jay 167:11 Jim 201:20 Joanne 157:9 168:13 177:9 179:15,22 Joanne's 160:14 Joel 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171:24 183:17 196:1 Let's 178:21 letter 181:22 187:19 levels 200:10 Levin 183:22 license 166:20 Life 165:11 list 194:20 195:2 listed 195:4,5 197:13,14 listening 163:3 listing 195:1 197:5 197:15 198:3 201:1 listings 200:22 litigation 166:3 175:14 180:23,25 182:22 184:14 185:1 190:7 little 206:20 lives 161:14 LLC 178:24 locate 203:13 log -on 200 :12 long 193:19,22 199:17,24 look 179:9 181:12 183:25 185:18 197:12 200:21 looked 178:5 186:10 194:11,15 194:18,20,21,25 looks 205:24 lot 167:21 179:16 LOUIS 157:5 M M 157:9 ma'am 192:25 195:15 204:11 206:8 maintenance 196:3 making 201:23 202:4 malicious 185:3 man 166:23 management 190:13 manager 181:3 March 156:24 197:7 198:5 200:13 203:7 208:20 Mark 157:2 173:13 marked 173:5 177:15 178:17,18 180:20 195:18 Martin 162:23 177:20 178:1 179:6 184:11 master 195:1 matter 168:14 180:24 191:14 197:5,13,14,16,18 198:3 200:23 201:2,18,19,21,25 202:6 matters 162:20 195:4,5 198:8 200:22 202:3 mayor 181:2,14,20 187:21 mean 168:25 176:2 182:14 196:22 201:10 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negotiations 165:18,24 169:12 nervous 190:16 never 161:9 162:9 162:16 163:15,17 172:23 175:23 176:1,7 new 197:23 201:5 nice 188:25 Nicholas 178:23 Nicoletti 187:11 nine 175:13 193:21 199:10 nonresponsive 164:6,18,24 not- for -profit 171:4 not - for - profits 171:12 notes 208:11 number 177:21 179:4 195:3,4,10 197:13,14,15 198:8 200:23 201:1,13,18,20,21 202:1,6,18 204:12 204:24,25 205:11 206:4 numbers 197:16,18 201:2 205:21 numerous 184:19, 184:20 O O'Boyle 162:24,24 164:1,4,21 166:13 166:19,21 168:18 170:17,24 171:15 171:18 174:13,15 174:18 177:20 178:1,2,3 179:7 183:7 184:11 O'Connor 157:9 158:10,16,20 163:9 173:25 180:16 188:18,19 188:21 190:1 191:16 192:22 193:12 195:13,16 198:18 199:1 204:10 206:10,11 O'Hare 156:5 158:3,8 160:9,22 162:10,12,17,19 165:7,19 171:5 172:7 173:15 174:17 175:6,22 176:7 181:9,10 182:7 183:20,24 184:11 185:20 187:1 189:1 191:12 192:4 194:3,13,16,17 197:11 198:13 201:9,11202:9 203:21206:5,7 O'Hare's 161:11 169:7 174:8 177:24 180:4 186:12 187:17 191:14 194:22 oath 160:3 object 189:8 objection 163:9 164:8,17 173:23 173:24,25 174:1 180:14,16,18 198:20,22 occasion 168:13 occurring 183:13 Ocean 159:6,7 182:22 185:18 186:1 October 186:3,14 office 160:11 161:10 169:17 182:15,16 188:4 oh 185:10 187:21 okay 160:5 161:19 162:12,16 164:11 165:5 169:16 173:3 174:14 177:4 178:8,22 181:13 182:10 188:16 189:19,22 189:23 193:22,25 194:9 195:23 196:15,18 197:1 198:2 202:12 203:6,12 204:7 205:3 206:8 old 161:4 open 196:19,21,23 201:2,5,7 203:15 opened 202:7 operating 170:17 opinion 171:23,24 opposing 167:9,13 167:16 order 189:21200:9 201:14,15 206:18 206:21 orders 206:15 original 203:9 originally 196:24 originating 196:4,5 205:16 Orlando 157:6 outrage 187:25 outraged 187:19 outside 165:6,14 Overruled 163:10 P P.A 157:2,9 P.M 156:25,25 page 158:3 195:24 195:25 197:3,4,5 198:9,11204:11 Pages 208:9 paid 171:15,19 198:16 Palm 156:1 157:3 157:10 208:4 paralegal 160:13 192:23 193:17,19 193:23 parameters 197:9 part 160:24 161:20 162:14,15 163:6 167:4 particular 197:3 203:1 parties 167:9,13,16 170:16 208:14 partner 182:17 partner's 161:1 party 190:20 patience 185:5 patient 185:5 pending 173:14 people 171:1,2 172:4 178:7 182:21 183:15 190:6,8,23 191:9 199:23 percentage 171:19 percentages 171:16 perfectly 187:4 performed 182:11 195:6 performs 191:8 perpetrators 171:9 person 188:6 personal 189:2 PETER 156:16 Ph.D 191:2,5 philosophy 191:5 phone 188:4 204:12 204:24,25 205:11 205:21206:4 Photographs 159:5 picture 184:1 Plaintiff 156:6 157:1 plaintiffs 156:15 159:3 173:6 174:3 177:15 178:18 180:11,15,20 planning 176:4 please 164:10,25 173:17 192:24,25 193:10,14 PO 157:3 point 193:25 195:12 201:3 policy 160:24 portions 168:17 position 206:17 positive 200:6 possibility 203:1 potential 181:23 183:8 202:15 practice 192:11 practicing 166:20 Predicate 163:9 preexisting 200:18 preparation 163:21 present 177:10 preserve 160:25 pressure 180:1 pretty 183:24 198:4 prevail 184:25 previously 178:18 182:10 200:20 203:8 Florida Court Reporting 561- 689 -0999 print 205:17,22 printed 205:14 printout 203:10,13 204:23 prior 186:6 194:2 probably 161:2 proceedings 160:1 173:16 208:8 process 183:20,21 183:23,25 184:3 184:25 processor 172:7 product 161:21 162:1,13 163:1,23 166:4 Professional 208:6 professor 191:4 progress 173:17 properly 203:25 proposed 206:15 206:18 propounded 193:6 prosecuted 174:17 prosecution 185:3 provable 169:6 provided 183:16 191:12 psychoanalyst 191:22,24 192:2 psychologist 191:6 192:1 psychologists 191:7 public 163:13 166:16 168:24 169:1 172:11,12 174:7,8,16 175:13 175:19 179:23 180:4,7 pull 200:24,25 pulled 194:13,14 194:17 195:3 punish 171:8 purged 160:16 purpose 163:4 168:11,22 202:5 purposes 163:2 205:20 pursuant 191:25 pursuing 166:14 put 187:5 195:7 196:24 202:14,15 203:10 204:19 question 162:18 164:25 166:9 186:15,19 189:20 203:25 questioned 189:8 questioning 162 :19 questions 191:16 193:6 199:1207:1 quite 199:24 quote 202:14 raise 192:25 raised 189:22 Raton 157:13 raving 190:14 read 173:12 188:8 188:15 really 197:2 rear 171:13 reason 183:5 recall 165:2,11,16 176:19 186:12,17 186:20,21 187:2 189:11 194:6 recalled 187:4 receivable 198:10 received 182:12 191:2 198:12,16 recitation 174:23 recognize 195:20 196:9 recollection 181:24 187:10 189:2 191:13 192:3,8,10 recommend 169:9 record 174:23,25 189:22 193:14 198:12,17 201:10 206:16 208:10 records 159:7,15 163:13 166:16 168:24 169:1 172:11,13 174:7,8 174:16 175:13,19 179:23 180:4,7 185:18,20 186:10 186:10 194:2,10 194:18 203:10 redirect 158:6,11 158:17 191:18,20 204:9 reference 165:7 references 206:15 referra1204:18 referred 189:1,6 190:3,5,12 192:9 204:12,19 referring 179:12 reflect 205:12 reflected 204:22,25 regard 179:25 183:12 regarding 165:14 166:12,19 168:8 181:22 189:9 Regards 173:18 regularly 200:17 relationship 167:21 relationships 170:16 relative 194:2 208:12,14 relief 170:20 remember 165:10 168:10,11,14 178:10 181:14 188:23 repeat 190:19 repeatedly 184:13 report 163:3 198 :10 200:13 202:8 208:8 reporter 164:13 208 :1,7,19 reports 200:10 represent 169:24 182:5 183:12 representation 165:6 166:17 170:4 181:25 194:2 represented 167:7 176:7 182:3,20 187:22 representing 169:19 171:1 175:22 181:10,20 181:21 185:20 194:12 reproduction 208:18 request 163:13 172:11 175:19 179:23 requests 168:24 169:1 172:13 174:16 requires 184:25 research 160:25 161:3 resist 184:21 resolve 168:22 resource 190:22 respect 167:21 respectful 184:20 response 206:18 responsive 194: 10 resting 192:18 result 184:7 retainers 198:16 retention 160:24 reviewed 171:22 174:21 176:1 194:24 Richmond 167:2,6 167:14,17,22,25 181:5 Richmond's 167:7 RICO 159:11 162:22 163:7,17 163:18,21 165:8 165:20 166:8,12 166:14 167:4 168:3,19 178:6 181:5 183:7,11 184:2 Ridge 159:6,7 182:22 185:18 186:1 right 160:11,18 172:10,23 181:8 182:9 192:13,20 193:1 196:7 198:22 204:1,13 206:12 207:5,7 rights 173:1 175:23 178:4,5,19 Ring 164:2 178:1 Road 157:5 ROBERT 157:12 158:13 ROEDER 157:5 207:2 roof 176:8,8,14,16 roughly 199:9,10 run 200:13 runner 171:18 running 185:5 S 159:1 save 206:19 saw 166:18 183:21 saying 165:11 175:15,16,21 182:17 186:12 says 187:12 188:15 189:5 190:2 197:14 scheduling 168:7 scheme 170:25 171:7 school 204:5 scope 172:21 189:10 Scott 167:17 169:16 180:23 181:18 screen 195:25 196:3 Florida Court Reporting 561- 689 -0999 SE 157:13 search 161:10 194:1,10,22 195:6 197:6,9 200:17 201:4 203:7,8 searched 160:9 161:5,9 searches 195:9 seat 193:9 second 197:4,5 see 178:16,22,24 182:21 184:6 190:18,19 194:19 195:4,6 200:21,23 seeing 178:10 seek 170:19 seen 190:10 196:10 send 206:22,24 sending 174:19 sent 173:7 181:23 187:19 198:14 205:20 September 173:8 175:21 176:11 182:25 185:19,23 186:3 203:9 setting 166:2 settle 172:1 173:13 175:17 settlement 165:17 165:23 169:12 176:10 settling 165:14 seven 160:16 shake 171:11,11 share 191:10 Shelly 158:8 194:3 short 165:11 shortly 182:4 shot 195:25 show 169:5 198:13 205:15,16 206:3 showing 173:5 177:15 178:17 198:7,11204:18 shown 197:10 shows 187:7 196:3 197:6,7,12 198:17 202:8,10 shut 171:8 side 164:2 166:4 sides 171:6 206:12 signed 179:18,19 sir 180:17 192:13 207:2 sitting 184:12 six 162:7 163:25 200:24 slips 195:7 197:25 society 172:3 solar 176:8 solicited 163:4 Sorry 204:6 sort 197:19 South 157:10 Sparkling 157:5 speak 188:11 speaks 191:3 specific 201:17 specifically 195:9 199:18 200:2 201:12 spectrum 184:9 speculating 181:16 speech 186:16 spend 180:1 spoke 196:14 spoken 171:25 staff 179:15 182:20 205:6,8 stand 160:2 start 178:21 199:7 started 166:20 183:13 state 164:8 171:11 172:5,8 183:23 193:14 204:4 208:3 statement 161:23 162:2,3,4,7,8,10 162:14,15,16,19 163:5 165:7 167:2 186:20 statements 165:23 status 170:21 statute 172:12,25 172:25 statutory 172:10 173:2 stenographic 208:11 stenographically 208:8 step 192:14 193:10 206:9 stop 164:10 169:8 172:2 196:7 stopped 164:13 stopping 169:10 storyline 187:8 Stream 156:8 162:23 163:22 165:21 167:4,14 167:19,25 168:2 169:14 171:7 172:6 177:20 180:24 184:10 186:1 Street 157:13 stressed 190:9 strict 202:4 strike 164:6,19,23 189:10,22 STUBBS 157:9 studies 191:4 subject 168:14 submit 206:15 successful 170:13 sue 182:18 184:18 sued 167:8 187:19 suggest 173:16 suggested 169:6 suggesting 176:4 suggests 187:18 Suit 159:8 Suite 157:10 suits 184:20 SUPPLEMENT... 156:15 supports 206:16 supposed 166:8 205:1 sure 183:4 187:9,12 187:13 190:22 194:8,15 195:25 196:11200:5 201:23 202:4 203:5 surprise 189:5 190:2 Sweetapple 157:12 157:12 158:5,13 160:3,8 164:14 173:18,24 179:17 180:17 186:19 188:22 189:9 193:18,20 194:1 194:12,19 196:14 197:21 199:7 207:8 Sweetapple's 192:23 194:13 203:10 sworn 161:23 181:16 193:5 system 184:22 194:24 196:1,24 198:1 199:15,16 199:20,21,22,24 200:1,3,11,17,20 201:11,15,16 202:11203:23 T 159:1 tab 202:17 204:16 204:17,17 205:15 205:17,23 206:2 tabs 204:15 take 162:3 166:3 167:3 169:9 184:4 184:4,5 197:24 taken 181:19 188:3 takes 180:13 talk 164:12,15,15 172:22 190:23 191:8 talked 171:23,24 171:25 talking 160:8 165:17 191:13 talks 191:8 Taylor 178:23 technically 204:5 tell 160:12 173:6 175:11 177:16 178:20 179:9 181:5 189:19 195:20 testified 187:1 189:1 193:6 testify 182:10 testimony 180:5 187:5,7 206:13 Thank 192:13,15 206:8 207:6,7,8 therapy 191:8 thing 185:10 190:10 things 161:20 166:24 183:18 197:24 201:24 think 160:14 163:16 166:2 169:23 171:2 176:13,13 177:11 177:13 178:6 181:4,6,15,15,21 181:22 182:4,9 183:10 184:6,16 186:17 191:5 206:16 thinking 176:24 Third 157:13 thought 174:15 175:18 177:6 thousands 168:25 169:1 threaten 165:19 three 163:24 167:12,15 thrown 167:12 tickets 199:19 till 200:16 time 156:25 164:12 Florida Court Reporting 561- 689 -0999 I 164:16 167:15 173:17 174:11 175:6 176:13 180:1 181:15 185:6,11 193:25 195:7 197:24 198:18 199:19,25 200:1201:6 202:3 206:20 207:2 timekeeper 196:4 205:16 timekeepers 197:9 198:6 times 167:8 today 187:7 told 169:5 185:19 191:25 tolerated 172:2 total 171:8 totally 169:8 187:19 town 156:8 159:6,7 162:23 163:8,17 163:22 165:20 166:1 167:4 169:9 169:13 170:9 171:9 174:25 177:20 180:24 181:10,20,24 182:5 184:10 185:17,18,25 186:1 187:10 track 201:17 training 183:17 transcript 166:18 189:21 transcription 208:9 trial 179:24 true 160:19 161:9 161:17,25 162:25 163:8 166:8 167:5 168:9 169:20 178:4 179:7 182:8 191:23 199:16 200:4 208:10 trust 198:15 201:22 try 206:20 trying 168:22 184:20,21 185:4 two 164:22 201:21 204:15 type 197:7 typical 190:10 U Uh -huh 195:19 unable 203:13 underlying 184:25 understand 166:9 196:15 understanding 190:25 196:17 understood 167:1 university 191:3 unquote 202:14 updated 199:22 use 171:7 200:17 200:20 user 200:7 V Vargas 193:20 Varkas 157:12 193:18 199:8 VERIFIED 156:15 versus 177:20 201:19,20 viable 171:22 video 162:8,14,15 162:16,19 VOLUME 156:13 vs 156:7 W waited 187:16 waiver 181:23,25 walk 194:9 195:23 want 169:11 184:7 189:21206:17 wanted 175.17 wasn't 162:14 176:3 182:23 186:6 187:11,12 189:21 199:15 Watch 193:9 way 170:15 187:20 190:11200:6,6 201:16 202:13,14 202:17 205:12 we'll 160:4 192:22 we're 165:8 We've 199:19 Website 206:24 WEDNESDAY 156:24 week 206:21 wells 171:13 went 182:13 185:10 185:17,23 186:9 194:11,20 200:2 weren't 161:5 175:22 West 157:10 whatsoever 198:12 White 167:11 wife 164:3,20 174:14'1'i7:11 William 178:1 witness 160:5 163:12 164:6,7 173:10 177:9 179:15 180:12 186:21 188:13 189:12,15 192:15 192:16,24 193:4,8 195:14 199:2 204:14,23 205:2,7 205:14,24 206:3,6 witnesses 169:4 word 172:6 187:14 206:24 work 160:13 161:21 162:1,13 163:1,23 166:4 worked 164:21 167:11,23,24 working 167:14,17 167:20 168:3 171:6 174:14 179:22 199:7 works 164:3,20 167:3 191:7 wouldn't 165:15,15 165:16,17 168:2 181:4 183:4 201:6 write 173:19 wrong 172:24 185:3 wrote 174:11 175:16 181:22 X 158:1 159:1 Yale 191:5 yeah 171:21 179:19 182:2 183:4 year 173:9 177:2 194:7 202:24 years 160:17 161:2 161:4 167:12 187:14 190:5 193:21,24 199:10 200:24 00 202:23,24 00424197:10 202:23 203:20 1 1159:4,15 195:18 198:19,23,24 208:9 1:39 156:25 10 159:5 172:6 175:13 10/14159:9 100190:5 10th 197:7 198:5 200:13 11156:24 159:11 178:18 179:13 1100157:10 112159:9 113 159:10 115 158:5 159:11 12159:8 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