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.
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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
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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
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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.
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Town of Ocean Ridge Records
59
No.
12
Federal Suit
94
No.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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?
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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
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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
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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
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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?
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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
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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
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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
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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.
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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
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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
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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?
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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
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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
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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
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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
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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
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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?
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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?
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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
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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,
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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
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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
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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?
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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.
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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?
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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
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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?
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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,
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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?
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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,
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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?
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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.
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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.)
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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
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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?
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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
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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.
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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
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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?
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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
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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?
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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?
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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
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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
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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?
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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
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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?
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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
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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.
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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.
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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
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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.
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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?
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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
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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.
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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
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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
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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?
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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
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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.
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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:)
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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
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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
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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
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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
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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,
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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?
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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.)
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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
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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
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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,
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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
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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
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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
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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
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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.
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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?
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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.
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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
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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
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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
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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,
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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
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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.
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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
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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
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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.
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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?
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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
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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
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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.
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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.
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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.
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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.
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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?
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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
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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
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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.
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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?
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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?
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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
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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
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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
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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,
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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.
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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.
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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.
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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?
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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.
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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.
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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?
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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?
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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?
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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
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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
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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.
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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.)
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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 23:13,14
41:1 54:13 55:23
60:6 95:11 128:10
entire 18:15 26:20
26:24 27:8 47:7
86:4
entirety 26:2
entities 136:7
153:12
entitled 100:9
entitlement 123:11
entrance 80:3
entries 154:9
entry 23:12,13
154:4
entryway 54:21
environment 29:24
epicenter 18:14
escalated 11:16
escapes 47:25
ESQUIRE 2:2,5,9
2:12
establish 15:21
44:21
establishing 45:14
estimated 86:24
et 92:12
event 59:14 85:6
93:4
eventually 10:17
13:9 55:18 76:9
76:23
evidence 6:9,12
25:24,25 27:22
34:22 35:3 45:21
49:10 59:10,24
60:8,8,9 63:6
94:21,24 113:1,24
114:4 115:4,12
128:20,24 129:21
129:25
exact 42:4 46:22
103:18 153:7
exactly 100:21
123:7
Examination 3:4,6
3:9,11,14,15,17
3:20 28:25 131:5
133:18 147:15
150:8
examine 60:14
examined 28:8
133:13 150:2
examining 154:19
excerpts 25:23
26:10
exchange 90:25
exchanged 6:14
exclusive 77:22
Florida Court Reporting
561- 689 -0999
G
excuse 49:25 89:8
94:17 98:17
executive 43:17
exercise 17:9 37:8
Exercising 103:7
exhausting 81:14
Exhibit 27:10,21
33:8 35:2 42:6
44:17 45:20 58:13
59:10,23 60:17
93:23 94:4,15,23
112:7,25 113:10
113:19 114:3,13
115:11
exist 96:18 98:17
existed 80:20 99:1
110:23
existence 120:1
expanded 47:8
expanding 51:11
expect 98:8
expensive 79:9 82:8
experience 127:8
experiences 52: 10
104:20
explained 53:1
80:19
explaining 71:1
expressing 114:22
extensive 124:25
129:3
extra 10 1: 11
extremely 91:7
extricate 136:21
F 1:5
F- a -1 -c -k 134:22
face 28:2 50:24
133:7
facility 75:17 132:7
fact 22:15 36:17
48:22 85:22 89:15
101:5 118:1
failed 17:9
fair 44:4
fairly 34:18
faith 17:9
Falck 134:20,21,23
135:18
fall 34:5 39:6 40:6
65:17
falling 58:5
falls 48:13
false 47:15 70:6
145:4
familiar 152:23
family 74:10
134:11 143:8
far49:3 50:11
73:15 120:25
122:25
fast 11:7 95:8
feature 80:3
February 12:18
46:17 105:2
115:15,15,16
federal 4:8 11:23
14:8,22,24 78:5
85:23 89:3,6 90:1
91:24 92:5,18
94:15 95:4 99:10
99:12,14 108:21
108:22 114:25
131:12
fee 119:20 120:9
121:11 123:10
141:2
feel 47:14 57:3 85:6
100:9 104:18
fees 20:2 120:12
121:19 127:16
130:7 131:7,19
153:4 154:7
feet48:15
felt58:4 70:5 96:21
96:22 103:12
147:17,22,25
148:8,20
fewer 109:5
fictitious 112:5
114:20
fictitiously 97:9
Fife 11:15
fighting 47:13
134:4
file 101:9 108:11
113:12,21,22
117:15 123:23
125:17 129:4
147:3
filed 7:23 9:16
12:25 13:12 14:4
18:4,6,8,17,18,19
18:22 19:12 20:4
21:24 23:17 37:13
52:15 59:15,18
86:15 89:25 93:5
97:9 99:2 111:17
115:7 117:10
118:19,22 120:25
121:19 122:5,12
123:19,25 124:1,3
125:22 127:9,20
144:17,25 145:13
files 22:16,20,20
153:18
filing 11:23 13:7
89:14 90:2,3 95:4
115:19 119:5
125:25 126:5
film 102:6,13
final 71:5,8
finalized 39:7 68:6
69:8
finally 31:1149:9
51:24 52:9 67:19
finance 68:2
financial 23:7,13
132:11
financially 139:8
find 19:24 22:25
97:19 98:17
104:24 106:18
107:10 128:16,19
129:21 132:14,16
145:7 154:3
finding 48:22
fine 27:2 108:4
finish 55:5 87:9
155:6,7
finished 34:3,5
firm 18:1120:22
25:2145:5,9 90:7
105:10 108:17
109:3 110:9,13,19
111:13,14 112:11
119:21 120:10,15
120:15,20,23
128:12,18,21
129:14,22 130:4,8
131:8,20 140:24
141:3,8,12,16
143:11 151:2,6
153:12
first 5:13 6:11
24:18 25:17,19
28:747:11 54:5
87:3 91:5 98:16
105:20 111:5
133:12 150:1,25
153:22
Fish 29:23
five 20:15 43:6
66:14 111:18
115:23 117:16
154:24
fixed 43:25
fixing 8:10
FL 2:3,6,10,13
flabbergasted 97:1
Flagler 2: 10
flat 34:11 139:1
148:10
floor 9:8 49:18
Florida 1:15:6
18:16,2129:6
30:7 67:15 86:11
92:6 109:15
150:16,19
Fog 111:6
follow 95:23
follow -ups 98:13
followed 100:21
101:16
following 5:1 87:24
follows 28:9 133:14
150:3
Forgive 78:19
forgotten 22:19
formal 10:21 51:13
51:15 76:1,2
formations 48:16
former 24:6,20
formulate 123:3
forth 119:12
forward 11:7 17:7
36:13 71:6 75:8
Foster 2:9 105:11
107:7
found 10:7 12:24
32:18 63:3 71:15
129:15 132:17,17
132:18 152:14
Foundation 86:2
90:5 108:15
110:22 111:6
foundations 30:2
four 33:20,25 43:6
78:9 86:14 111:17
frame 97:5 113:2
Frances 29:3
frankly 91:6
fraud 19:25
fraudulent 97:9
free 30:5 103:7
127:6
French 78:19
fresh 104:21
friend 39:11,12,14
39:17 65:4 84:10
134:17 135:20
friends 134:13
full 40:25 43:24
function 152:21
functions 44:14
funding 110:20
furniture 49:22
further 10:18 49:11
57:2 70:10 87:19
94:20 101:1
116:13 131:2
132:21 140:11
147:12 149:12
future 83:25
Florida Court Reporting
561 -689 -0999
G
Gail 44:9 46:1,14
50:7,10,11,14
65:4
general 116:9
132:10
generalities 143:22
generally 142:20
generate 20:1
gentleman 20:14
95:23
Gerald 89:22,22
getting 38:18 47:18
52:19 85:2 118:24
125:4 127:8 145:4
145:25
Ginsberg 86:6
Giovanna 109:1
Giovanni 110:7,7
girlfriend 24:6
give 11:2 21:18
24:22 27:13 28:15
40:13 42:4 44:22
49:153:15 62:8
67:183:19 88:7
100:7 125:6
127:25 130:25
137:10 153:7
given 8:2 23:11
36:18 47:10 72:23
74:19 75:3 85:11
98:2 101:22
138:23 148:16
glass 102:9
GMM/MADISON
2:2
go 20:19 22:15 23:1
23:6 26:17 28:24
34:13 38:22 40:19
47:20 49:4,11
60:19 61:13 68:13
71:6 81:3,13 82:9
83:6 87:20 88:15
91:16,20 94:1
100:5 124:19
128:2 129:10
133:3 134:18
136:6 137:16,17
137:19,22,24,24
139:24 144:9
145:22 147:8
152:9
goes 81:2,6 85:16
going 7:18 9:17
12:15 13:6 15:21
17:2,14 19:23
21:5 23:20 25:22
25:23 26:12,13,18
26:19 27:3 35:7,8
36:2137:9 40:17
44:16,23 45:10
49:7 50:23 52:5
58:12 60:7,12
61:13 65:19 66:18
66:21,23 67:4,20
71:6 79:7 81:10
81:15,19 83:3,6
85:8 87:5,14,16
88:2191:18 93:1
93:13,16 94:5
95:17,17 97:25
98:8 104:11,18,21
104:21,22 105:25
106:1 107:21,23
112:6 113:6
119:22 125:1
128:1 129:8
136:15 137:5
138:6 139:7 140:9
145:6 148:10
154:13 155:1,4
gonna 57:6 84:14
111:10 140:9
145:6 146:25
147:3 148:17
good 5:20 17:9 67:3
70:18 101:16
117:5,8 133:6
134:16 136:4,6,8
140:18 146:19,25
gotten 13:22,23
148:11
government 96:24
136:7
governmental 29:9
31:21
governments 71:1
gracious 130:24
graduate 135:10,20
grandfather47:5
granted 16:12
86:15 90:10 96:16
grateful 137:19
grave 74:10
great 25:15 48:10
70:19 146:22,24
146:25
greenlighted 76:5
greeted 84:10
grilled 143:22
Grove 29:14
Grown 18:2
guess 40:25 43:22
76:5 78:11 117:5
guidance 40:13
guilt 38:24
Gulf 1:8 5:10,18
10:24 11:9 13:20
14:12 16:3 18:13
18:24 19:1,2,22
24:23 29:5 76:13
77:4,6,13,17
79:21,25 83:15
84:16,25 85:3,7
86:5 88:18 92:1
93:16 95:5 103:4
104:10,12 105:8
109:13,14,17,18
112:8 115:14
117:11 118:23
124:5 127:10,11
130:14 143:19
144:17 145:18
146:23 147:21
151:17
Gus 30:24 67:10
68:6,16,18
gutted 34:10 35:16
guy 136:2 148:13
guys 30:14
H
H4:1
habitat 29:23
hac 108:20 131:11
hail 102:9
half 30:20 86:25
87:2,1188:11
108:18 109:5
143:22
hall 20:19 21:20,23
54:7,11,19,21
55:14 105:16,16
hammered 61:8
hammering 54:11
hand 26:6 28:3
84:11 133:8
handle 12:22 25:14
57:20 61:6,10
89:13 145:14
handled 9:10 143:1
143:5
handling 12:12
15:1 86:3 89:5
131:23 145:14
Hanna 2:2 3:4,6,9
3:11,14,15,17,21
5:15,15 6:6,10,13
6:16 7:2,4,6,14,17
9:25 10:4,6 14:10
14:14,19 15:1,8
15:11,17,20,23,25
16:6,10,15,18
25:19 26:1,4,7,11
26:15,22 27:2,11
27:17,23 28:13
29:1 34:21 35:4
44:16,22 45:6,22
50:23 58:12,22,24
59:3,8,13,20 60:1
60:10,16,20 65:23
65:24 73:24 74:15
74:22 75:2,10
83:9,12 85:16
86:12,19 87:1,5
87:11 88:11,16
89:12,17,19,21
91:4,18,22 92:4
92:14,25 93:13,23
94:3,7,12,14 95:1
106:7,22 112:6,12
113:4,8,25 114:5
114:18 115:2,9,13
116:11,19 117:2
119:22,25 120:4
123:12 125:1,4,9
126:19 127:23
129:8 131:4,6
132:20,25 133:1,4
133:19 140:11
144:18 146:13
147:16 148:3,24
149:12,16,19
150:7,9 154:13,17
155:9
happen 18:13
happened 8:6 36:3
43:20 76:22 79:1
84:8,9 95:18
109:25 124:10
132:14 140:8
happening 96:10
137:10 145:7
happens 11:4
happy 60:2
Harbor 77:3
hard 142:11
hassles 138:7
hastily 70:12
hauling 82:17
Hawaii 30:4
he'll 21:25 93:10
head 19:17 47:24
hear 28:18,22 74:1
74:12,25 87:18
90:19 91:16 92:23
94:20 105:20
114:16
heard 16:17 39:23
49:7 54:6 55:10
74:6 95:9 104:9
126:7 136:1
151:25 153:22
hearing 9:1125:16
Florida Court Reporting
561- 689 -0999
U
28:14 37:7 42:15
54:10,13,15 55:22
61:20 63:19,20
64:8,12 72:7
73:25 74:17 88:10
138:3,5 142:9,10
142:11
hearsay 123:13
heat 61:25 62:1
102:18
Heath 9:20 24:7
65:15,25 73:21
137:11,14
heavy 75:18 101:14
heels 104:23
held 87:23
Hello 140:19
help 61:1 123:2
145:22
helping 108:23
111:7 118:15
119:4
hey 148:15
Hi 117:7
hide 62:13
high 39:15 121:22
122:3 134:8,9,17
135:3
highlighted 26:10
Highway 5:5 78:5
Hillary 62:18 64:5
hire 41:3 52:21
81:10,13,19,24
135:16 136:11
144:6 145:22
hired 12:22 56:19
89:12 143:25
146:24 147:3
hiring 82:5 104:14
history 85:12,13
hit 82:14
hold 58:5 80:4
113:7
home 95:10,11
101:3,10,13 137:8
Honor 5:20,24
13:14 14:19 16:24
17:12 25:13 26:18
45:3,6 59:21
74:15,22 85:8,16
86:15 87:12 88:20
93:19,20,24
105:25 112:6,12
112:19 113:6,21
115:4 116:11,13
116:16,19 119:23
122:9 123:12
125:1,9 126:19
127:23 128:4
129:9 131:4
132:21,24 133:5
140:14 144:18
146:13 147:13
149:9,13
Honorable 1:16 5:3
hookers 33:3
hope 121:21
hot 52:19 61:24
62:4
hour 87:2,1188:12
hourly 121:15,17
121:17
hours 6:7,2143:6
55:15 86:25 88:8
123:1,1 143:23
house 10:25 11:10
13:19 19:2122:10
22:1136:6,15
76:24,25 80:3,20
83:10 95:20
101:17 103:8
119:15 127:2
130:10,14,16
141:6
household 141:6
hundreds 127:9,20
127:20
Hurricane 11:1
79:5
hurricanes 102:10
hurting 67:2
husband 137:5,24
138:17 140:4,23
141:23,25 142:5
142:13 143:1,19
145:12,17 146:4
husband's 136:23
144:17,25
hygienist 135:2
Hypocrites 18:4
I
idea 20:10 23:1
24:15,16 48:10
63:6 74:11 125:24
145:16
Identical 114:11
ignored 111:8
127:3
11 1:13 155:12
illegal 97:7
illegally 95:11
imagine 98:18
121:13 123:1
153:6
immediately 43:21
68:18 93:6
impression 72:18
improperly 91:10
improved 47:7
inaccurate 60:14
inches 80:16
incident 64:5 86:6
95:3 135:15
incidents 97:4
included 46:21
59:6 107:24
including 18:10
47:8 85:25
independent 96:4
indicated 21:15
Indirectly 44:9
individual 111:1,13
122:24 125:5
137:11
individually 37:21
individuals 9:14
90:7 151:11
industrial 75:16,18
75:21
influencing 101:4
information 9:22
10:9 11:18 63:3
71:25 72:3,14,15
72:24 73:1,2,8,10
73:16 96:12 98:23
101:2 136:9
informed 58:2
initial 23:23
initials 23:11 154:6
injunction 12:2
14:11
input 152:25
inquire 112:10
inquired 49:8,9
inquiry 91:6
inspection 9:5 64:4
74:17 80:8
inspector 9:4
installed 80:11
installing 82:18
instances 7:19
instituting 11:22
Insulation 102:22
intend 82:5
intending 41:3
intention 35:6
40:21,24 41:6
74:8 81:23
interest 86:8
interested 43:22
118:24 126:11,12
interests 110:16
interpretation
56:16
interrupt 154:11
interrupted 124:21
intervene 51:24
53:5 75:22 96:25
interview 62:15
interviews 62:17
intimately 152:23
Intracoastal 12:3
77:18,21
introduce 25:24
34:2191:19 93:1
112:7
introduced 23:24
invest 32:18
investigate 49:7
investigation 51:14
51:17 52:4,15
62:7,14 69:10
112:17
investment34:13
148:22
invited 61:21
involve 12:10 13:8
88:19 142:16
146:5
involved 9:9 11:9
11:10 12:12,14,16
12:17 14:17 15:6
15:9 38:18 54:1,4
57:20 61:18 62:9
85:5,18,19 90:25
99:9 100:2 108:14
142:4,13
involvement44:3
45:15 57:25 86:18
90:22 110:19
138:8
involves 17:7 86:3
145:3
involving 10:24
12:23 19:20 20:15
86:9 141:24
144:14
iota 24:20
island 77:12
issue 12:11 17:7
19:18 25:3 28:14
50:11,14 61:25
69:2 75:12 79:20
79:23 81:17,24
82:1 83:14 122:19
138:22 141:24
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 13:5 103:17,23
106:8,14,15,16
107:12,15 108:1
123:25 124:3,13
124:13 125:16
juncture 39:1
junior 134:17
jurisdiction 88:24
99:17
Kaleel 64:14 69:21
keep 23:6 58:1
67:2184:21
keeping 65:13
Ken 64:14
kick 84:14
kid 67:21
kids 67:1 80:5
kind 29:19 31:8,21
32:25 39:10 40:16
53:17 70:13 95:15
102:5 144:2,6
King 9:20,2124:7
24:15 65:15,18,25
66:4,6,9,13,13,17
71:11,14,18,19
73:21,22 137:12
137:14
knew 24:21 36:10
39:19 55:11 72:1
72:2 127:9 129:1
135:20
knit 50:19
know 17:14,25 18:5
19:4 20:14 22:23
24:17 28:22 46:15
47:22 50:2,5,11
51:2 57:2,5,9
63:24 65:13 71:21
73:15,16,17 81:14
81:16 83:16 88:3
94:7 97:16,18
99:10 101:23
104:11 107:14,15
108:4 1 10:7,23
111:1,21 114:21
117:21,24 123:24
125:24 126:5
127:6,22 129:23
134:1,7 135:6,9
137:11 138:6
141:11,16,20
142:20 143:14,21
143:21,24 144:6
144:11,16,24
145:2,12 147:6
152:24
knowledge 146:7
known 39:2173:3
135:12
knows 10:8 93:12
L
L 2:5
Lack 149:11
Lake 2:5
land 103:14
landscaping 48:16
Lane 77:7
lanes 48:6,7,10,14
48:23
late 8:13 39:9 42:3
49:15 65:16 71:10
71:10
latitude 125:7
128:1
law 9:16 18:11
19:10 38:6 44:25
47:2148:4 49:4
67:15 69:7 79:12
90:7 95:23 99:16
108:17 109:2,9
110:9,13,19
111:13,14 119:21
120:10,14,15,20
131:8,20 140:24
141:2,8 153:12
lawsuit 16:3 21:18
37:24 38:17 40:10
41:1,7 52:7 95:4
99:12,22 114:23
115:7 144:13
147:4 153:24
lawsuits 13:3 96:9
99:2,5 107:1
108:24 111:20
114:10 144:16,25
145:15
lawyer 19:7 20:21
22:25 23:11
lay 29:5 65:21
lead 14:2
leaders 103:10
League 38:19 41:19
learn 17:14
learned 144:13
145:8
leave 4:10 113:12
113:22 149:17
lectured 19:8
led 95:13
left 55:4 96:1
legal 20:2 25:14
39:10 67:7 69:6
89:18 119:24
125:3 128:11
131:21 138:7
142:21 143:2
legislative 37:9
81:14
let's 5:13 26:17
51:23 60:19 88:15
89:18 91:5,16
93:22 94:1 124:2
125:15 145:7
146:21 149:22
letter 6:5 20:22
21:1123:9 100:14
letterhead 21:11
22:13 152:6
letters 22:23 58:15
level 80:5 81:5
licensed 150:19,21
150:25
lieu 153:15
life 9:18 24:10
66:18 67:7
lifeguard 50:6 65:4
light 75:16,2176:5
lighter 100:16
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 82:19
99:21100:1,2,4
result 60:2 79:18 1
132:11 145:3,4,17
143:2,11 151:13
renewable 102:5
100:18 106:25
99:2 100:3
146:1,2,2,5 152:5
151:17,18
renovated 7:22
109:13 120:21,25
resulted 95:3 99:22
152:10,13153:1
regards 53:4
renovating38:11
122:20,24123:3,5
results 8:5
153:11,21 154:1
regular 102:8
renovation 13:18
125:12,18 145:24
retainer 23:16
154:10
regulation 10 1: 16
renovations 7:12
requesting 101:8
120:19 128:17
rectify 61:1
rejected 31:17
8:8
146:1
retaliated 96:21
redevelopment
related 13:25 25:1
rent35:9,13
requests 11:18
retaliation 11:15
135:23
131:23 141:17
rental 32:16 63:10
17:23 18:6,7,18
13:15 46:19,21
redirect 3:6,11,17
relating 11:19
repeat 120:7
19:12 85:11 90:16
95:13 96:15 97:2
131:3,5 147:14,15
relation 108:2,12
Rephrase 126:21
96:5,6,11 97:12
99:13 101:2
Reef 29:15
relationship 17:4
replace 79:11
97:17 98:2,4,6,10
returned 38:9
reefs 29:16,18,19
25:4,5146:9
replaced 44:12
98:12,13,14,16,23
67:18
29:19
relevance 45:485:9
79:19
99:3,6,7105:21
review 43:779:7
refer65:14,18
85:14 88:2189:9
report 64:5 97:10
107:4 111:8
111:22
reference 14:7 45:4
92:13,23 94:18
101:8,10
118:14,20,23
reviewed 42:16,18
45:8 83:19
112:22,24 115:6
reporter 95:7
119:6,9 121:23,25
111:24 152:24
referenced 112:13
relevancy 120:4
reports 145:5
122:3,5,12,15,18
revoke38:8 138:24
referred 9:19 24:6
125:4
represent24:23
122:23,23 123:1
revoked 8:7 144:3
47:22 69:20
relevant 91:15
104:14 108:18
123:20,23 124:4
Richmond 19:5,6,9
126:24131:7
94:20
109:4110:10
124:12,16,21,23
89:22,23112:15
referring 21:1
relief 29:12 37:23
119:17 120:20,24
124:24 125:5,15
1 15:8
29:1036:23
58:3
144:1146:10
125:25126:6,9,10
RICO 4:1113:6,25
106:11123:8
reluctant72:10
151:8
127:10,14,21
14:2,22,2519:3,6
refresh 64:2
remain 72:4
representation
145:17,21
19:10 85:23 86:21
refreshes 42:23
remarks 107:8
6:23 7:9 75:4
require 74:20,23
89:14,25 90:24,25
refusal 100:7
Reme 30:19 31:4
86:10 132:11
required 48:14
103:22 105:23
refused 79:13
68:21,25
137:6 148:21
79:7 81:20
107:9,11,21,24
109:8
remedies 37:9
representations
research 152:10
112:17 113:16
regard 17:10 45:16
81:15
16:192:10 93:18
researched 153:16
115:2,19 116:1,7
Florida Court Reporting
561 - 689 -0999
149:8
rid 47:18
Ridge 4:6,7 7:1,19
7:21,24 8:23
10:16 20:15,20
32:5,6,8,23 35:20
37:25 42:13 44:18
50:16,22 51:4
56:23 58:14 60:18
65:8 69:14 76:24
76:25 77:1 79:25
130:11 134:4
135:15 137:5
138:18 141:13,25
142:6 144:2 146:4
146:18 147:25
152:4,6,9 153:24
right 6:4,19 7:8
17:18 25:17 26:5
26:17 27:25 28:3
28:2134:25 38:7
52:24 54:17 56:9
60:2 64:7 67:17
68:11 73:17 75:9
77:14 83:13 92:15
96:1 101:19 103:7
103:10 106:14
111:11 116:14,17
116:25 117:11,13
117:16,19,21
118:3,7,10 121:2
121:18,20,25
122:13,14,15
123:20,23 124:5
127:5,12,16,21
129:19 132:3
133:8,8 134:11
139:13 141:3,9,14
141:20 142:1
143:3 144:10,11
144:15 145:1,9,18
146:6,8,12 147:6
147:9,14 149:21
150:7 151:5
152:13 153:14
155:8
rights 10:12 11:23
14:9,21,25 56:11
70:15 92:18 99:13
Ring 108:25 110:14
110:15
ripens 51:23
ripped 8:8
Road 2:5 77:7,12
77:15,20,22 78:10
78:14,20 130:16
Robert 2:12 3:13
5:23 134:1 135:17
136:10,11 137:6
149:19,24 150:11
rock 48:16
Roeder 2:5 5:15,16
26:7 105:15 118:3
118:13,15,17,19
118:22 119:1
Roeder's 19:16
role 26:8 108:2
137:1
roof 12:8 14:16
34:11,1135:16,25
36:14 49:20 99:16
99:22 100:3,4,10
100:14,16,18,18
100:23 101:14,15
102:7,11,14,19
138:24,25 139:1,2
142:23 148:10,10
148:12,17
room 44:1 61:7
70:1 104:7
roughly 125:17
routinely 109:20
rule 93:22 96:25
100:7
rules 48:11
ruling 27:7
rumors 69:24
rundown 32:18
33:147:17
running 46:11 57:7
84:24 153:3
Russian 31:20
Ryan 109:2 110:8
S4:1
S- o -1 -e-i -178:7
safe 10 1: 14
sand 104:23
sandwich 103:1
save 6:19 25:8
128:3
savings 38:15
saw 38:19 56:5
76:5 83:24 84:5,9
97:1 104:7,8
108:6 135:1
141:21
saying 21:25 44:2
72:22 84:2191:10
91:22
says 19:15 22:3,6,8
22:9,10 93:3
98:16 101:11
102:3 124:20
scale 75:20
scam 18:14 20:1
scenes 12:15
scheduling 88:4
155:4
school 39:14,15
134:8,9,17 135:4
135:10,21
scintilla 24:21
scope 149:11
Scott 12:19 84:22
84:23 104:3 105:1
Scotty 18:3
screen 10:25 79:4
79:19 81:9,17,21
screened 151:18
Scully 39:14 134:17
sculptor 29:8
sculptures 29:12
SE 2:13
seal 29:10
search 97:7 132:5
140:22 152:4
154:7
searched 56:13
95:11 128:15
seat 28:11 133:17
150:5
seats 46:10
seawall 80:4
second 9:7 36:20
49:18 91:24 113:7
116:11 130:25
secret 74:13 108:9
see 7:18 11:4 22:17
36:16 40:3 42:23
47:2 48:22 51:23
60:24 66:16 84:9
86:23 88:8,9
104:22 112:20
116:25 122:19
134:25 145:25
153:18 154:1,7
seeing 18:13 21:8
23:3 83:22 141:1
141:5
seek 58:12 112:6
113:6
seeking 91:18 93:1
97:2
seen 42:10 152:1
seizure 97:7
selected 56:16
sell 76:9,11,24
101:17
Sells 29:15
seminar 19:6
send 74:24 98:7
124:17 130:23
145:23
sending 124:21
sense 108:6
sent 17:24 93:3,17
98:10 122:16
Sentinel 61:22
separate 79:6
September 17:13
17:15,19 18:6
93:3 106:12
117:20 122:5
septic 33:2
served 111:19
Florida Court Reporting
561- 689 -0999
M
114:9
services 119:2
128:12,21 131:17
131:21
session 43:17 71:14
sessions 137:18,22
137:25
set 12:19 45:7
54:16 69:23
setting 123:9
settle 39:4 40:20
41:8 43:17 93:4
settled 40:23 95:21
127:11
settlement 8:21,22
41:5,15,16 42:24
43:3,11,13,25
44:3,5,2145:14
47:9 51:17 52:18
53:2 54:1155:1
57:13,15 83:7
91:3 106:2,10
117:19 127:13,15
127:17 139:13
146:21
settling 8:14
seven 6:7 62:17
87:4
sew 29:5
share 126:10
shared 6:14 9:23
10:3,6 52:10
73:13 119:10
she'll 26:6
Shelly 3:8 30:13
50:1 51:2152:8
57:11,12,14 58:6
60:23 76:12 133:1
133:10,21 151:9
Shelly's 76:18
shocked 47:17 50:4
56:25 95:22
shook 84:11
shoot 12:6
shop 142:10
short 20:4 134:16
shortchange 91:23
Shortly 152:11
show 20:20 33:23
152:2
showed 44:14 54:6
54:24,25 55:22
96:13 115:23
138:11 154:5
showing 23:15 33:7
42:5 113:9,18
114:12
shown 138:14
139:14
shows 23:8 128:10
side 44:15 77:21,25
78:3 144:4,9
sides 77:17
sign 57:15,18
signed 21:20,21
23:18 51:25 55:18
55:19,2169:17
138:11 139:12
significant 6:8
silicon 102:8
similar 114:9
simple 12:12 79:11
85:20 124:25
125:19
single 12:11 16:6
90:17 98:6,11,13
122:20,23
sir 15:24 17:5 26:9
28:1,11,23 45:17
87:21,22 88:2,23
106:6 112:23
117:14 120:6
122:18 128:5
132:22
sit 27:1
sitting 98:11
situation 61:2
80:20 109:7
six 6:7 18:7 20:16
21:19 80:16 87:3
Skip 105:9
slap 107:21
slip 129:16 130:1
132:18
slips 153:2
slope 80:6
slowed 10:16
small 136:22,24
social 124:19
soil 80:5
solar 12:8 14:16
99:15 101:25
102:6,7,13,19
103:1
sold 76:23,25
Soleil 78:4,7,16,17
somebody 134:1
someone's 147:7
someplace 62:4
somewhat 48:11
91:7
son 12:6 18:10
30:17 86:11
119:17
son's 18:11
soon 97:13 108:13
sorry 10:15 14:21
21:2 30:11 36:21
40:22 42:17 46:5
50:13,23,25 54:2
65:9 66:5 68:17
73:9,2179:25
80:23 81:7,16
83:16 84:4,21
89:19 99:20,25
100:6 103:23
111:23 114:16,23
116:10 117:23
118:21 120:22
121:4 122:8
125:20,21 126:15
128:13 147:20
150:12
sort 10:16 48:13
69:15
sought 10:22 37:23
sound 43:10
sounds 54:17
South 2:10 77:3
109:15
Southeast 150:15
Southern 92:5
space 49:21,23
Sparkling 2:5
speak 110:5
speaking 97:2
151:12,16
spearheading 15:2
special 43:16 54:13
56:16 64:12,18
78:18 96:20
specific 100:11,13
123:6 125:12,12
138:5 143:2 147:3
specifically 44:2
102:3 140:1 149:4
specifics 24:2
143:14
specify 122:7
speculation 65:20
speech 96:23 103:7
127:6
spent 8:10 38:11
96:19 98:5 138:25
139:2
spring 49:15 66:15
97:15
stabs 98:25
staff 9:2 70:2
153:20
stage 33:17
stall 96:9
stalled 38:19
Stamos 48:22 49:9
stand 13:13 21:5
88:2
standard 25:7
stands 90:13
start 5:13 17:3 85:2
88:19 96:7 97:11
109:23
started 35:22 40:4
51:14 54:1171:11
96:5 145:3
state 5:6 18:15 49:6
69:9 99:16 102:3
109:9,16 123:6
131:14 150:19
state's 102:4
statement 7:16
statements 47:14
70:5
states 59:14 115:1
statute 102:3 123:6
stay 77:1180:9
stays 73:8,11
step 28:12 87:21
132:22 133:17
149:15 150:6
stick 63:24
sticky 27:18
stipulate 93:11
stipulation 9:12
21:19 54:12 55:17
56:3,7 59:2 60:6
60:22 61:20 63:20
63:20 64:8 69:18
94:11 139:12
stipulations 87:6
stonewalled 95:14
96:1
stop 12:2 36:20
83:3
stopped 124:18
storage 132:7,15
stored 49:22
storms 102:9
story 36:4
straight 17:7
straighten 147:1
strategies 147:8
strategized 146:20
strategy 54:23
140:10 144:7
Stream 1:8 5:10,19
10:24 11:9 13:20
14:12 16:4 18:14
18:24 19:1,2,22
24:24 29:5 76:13
77:4,6,13,17
79:21,25 83:15
84:17,25 85:4,7
86:5 88:18 92:1
93:16 95:5 103:4
104:10,12 105:8
Florida Court Reporting
561- 689 -0999
17
109:13,14,17,18
115:15 117:11
118:23 124:5
127:10,12 130:14
143:19 144:17
145:18 146:23
147:22 151:18
Stream's 112:9
street2:13 78:4
150:15
stress 66:20 137:21
stresses 66:22
67:12
structure 79:6
structures 29:23
struggling 67:5
STUBBS 2:9
studied 152:24
studio 35:11
stuff 43:7 83:9
109:25 145:6
subject 64:19,20
submerged 103:14
submit 6:9 129:6
submitted 60:11
substantial 25:4
substantially 24:25
successful 96:2
successfully 9:11
sued 99:11 103:3,6
103:14 109:10
143:19 148:13,14
suffered 57:3 70:16
sufficient 49:10
102:20
suggest 26:22 93:7
suggested 40:14
62:23
suing 12:199:18
103:14
suit 4:8 7:23,25
12:8 14:15 37:13
37:16 91:25 94:15
99:14
Suite 2:10
suits 15:14 144:25
145:12
summer 49:15
65:16 69:12 97:15
97:20
summons 112:1
Sunshine 9:16
44:25 46:22 47:21
48:4 49:4 69:7
supplement 59:6
supplemental 1:15
5:11,11
supplementing
59:11
support 63:6
100:15
suppose 110:12
supposed 9:8 11:11
18:11
sure 22:8 23:23,25
63:22 64:5 66:25
67:20 83:1198:24
99:1 106:17
112:23 116:12
120:17 138:13
142:8 144:22
surface 102:14
surprised 27:4
Sustained 106:21
123:14,17 129:10
swear 21:6 74:9
149:22
Sweetapple 2:12,12
3:5,13 5:23,23 6:1
6:2 8:13 9:9,10,19
9:19,23 10:6,8,11
10:20,23 11:3,3
12:11,17,20,25
13:5,10,13 14:1
14:17 16:1,14,21
16:22,23,24 17:6
17:18 18:23 19:1
21:2,4 25:10,13
25:16 26:18 39:16
39:2140:9,24
41:4 45:3,8,17
51:18,22 52:6,14
52:2153:1,9,17
53:20,25 54:3,10
54:22 55:1,7,9,24
56:17,20,22 57:22
58:17,20,23 59:1
59:5,15,18 60:7
61:5,17 63:10,15
63:16 65:8,11,14
65:19 66:10,17
70:9 71:6,13,24
72:8 73:20 74:6,7
75:12,22,24 78:22
79:2,15,24 81:10
81:13,19,25 82:2
82:23 83:2,4,6,11
83:14,22 84:5
85:8 86:13 87:14
87:15 88:11,13,20
88:24 89:10,12,24
90:1,13 91:2,8,11
92:19,24 93:10,14
93:20 94:5,9,13
104:2,8,10,11,18
105:25 106:4,19
112:10,13,18,19
113:20 115:5,22
115:25 116:15,16
116:18,20 117:4
120:8 122:8,11
123:16,18 125:14
126:22 127:25
128:3,6 129:11
130:25 131:7
134:2,7,14 135:17
136:2,10,11
139:16 140:4,24
141:2,8,11,23
142:12 143:5,11
143:16,23 146:19
146:22 147:2,22
148:1 149:7,20,21
149:24 150:11
151:3 153:13
154:17,22 155:1
Sweetapple's 6:22
15:1 25:21 40:1
54:7 57:25 75:4
79:13 85:18,19
86:9 90:2192:9
93:2 97:25 106:11
107:7,17 108:2
134:12,15 137:6
141:16
Sweetapples 134:9
134:10
sword 144:4
sworn 28:7 133:12
150:1
sycophants 116:9
116:10
system 23:2 102:1
102:12 152:18,18
152:19,25
T 4:l
table 95:17
tactic 96:10
take 19:6 21:5 34:4
36:5 42:6,22 54:7
55:1,4,14 62:12
81:10 82:9 88:6
114:6 117:1
122:17 124:22
125:15,17 139:7
140:9 147:10
taken 5:2 13:21
27:8 42:8 44:5
88:14
talk 17:3 24:10
53:9 82:2 89:3
94:10,11,2195:8
108:5 123:9 126:8
140:4
talked 9:18 10:19
22:3 23:2140:2
71:12,18 119:5
137:8 140:7
146:20
talking 13:5 17:3
19:2 21:8 22:2
29:19 30:3,4 40:4
74:11,13 76:14
81:16 83:3,9 85:3
90:15 91:2 130:15
130:18 132:10
talks 45:9 66:19
90:14
tall 22:3
tanks 33:2
taped 62:17
tapes 62:24
Taylor 109:2 110:8
team 89:2192:11
technicality 101:22
technically 37:17
teeth 135:2
tell 7:16 20:5 21:4
23:20 29:2 33:8
46:21 51:7,20
52:24 58:2 72:1
72:25 74:7 86:24
87:8 88:17 89:4
94:19 95:16
100:24 102:1
103:18 113:10
114:13 133:20
150:10
telling 19:9 72:5
101:13,14
tenants 35:13 46:24
49:24 51:10 60:24
67:6 139:3
term 126:23
terms 41:16 56:3
61:6 89:18 121:22
122:3 140:23
testified 28:8 43:14
66:24 126:13
128:25 129:3,18
129:20 133:13
139:16 141:22
150:2
testify 92:20 93:14
153:15
testifying 144:19
154:20
testimony 5:1
15:25 87:9 91:23
93:2 94:20 129:5
129:7,13
thank 5:17,22 14:5
16:19 20:10 25:16
Florida Court Reporting
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M
27:1128:23 58:18
59:17,22 87:22
91:13 116:18
117:2 122:10
132:22,24 133:16
140:12 147:13
149:14 155:9,10
Thanks 25:15
themes 13:15
theory 92:23
therapist 73:22
137:15
therapy 71:19
Thereabouts 130:6
thermal 102:7
thick 102:13
thin 22:4
thing 13:25 48:12
56:9 103:10 123:4
things 20:8 29:8
48:12 51:1 52:18
62:20 63:24 66:21
70:11,19,20 84:11
95:25 132:19
140:10 147:1
think 19:4 24:16,18
32:1,13 36:18
37:8 40:3 44:11
48:10 51:25 53:7
56:17 57:4,17,23
61:23 63:11,14
64:13 70:18 72:12
72:20 80:25 83:24
84:19 85:9 89:1
91:15 92:12 104:6
106:16 110:15,17
114:14 116:24
120:2 124:14,17
129:20 131:1
134:15 135:22
136:8 137:21
146:8 147:8
153:24 154:4
155:1
thinking 40:7
70:13 103:23
144:7
thinks 20:14 23:21
third 2:13 102:25
Thomas 103:11
thought 22:8 24:22
43:25 59:5 67:3,4
67:8 70:15,16
71:21 104:20
108:5 118:6
126:11 127:4,6
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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.
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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
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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
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E X H I B I T S
PLAINTIFF'S
DESCRIPTION
ADMITTED
No.
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Depo of Edwin Jonas
27
No.
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Photographs
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No.
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Town of Ocean Ridge Minutes
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Town of Ocean Ridge Records
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Federal Suit
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Motion for Leave
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RICO Case #9:15 -CV -80182
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DEFENDANT'S
No.
1
Dapix Records
199
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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
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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
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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?
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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
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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.
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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
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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
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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
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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
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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?
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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
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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
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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
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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.
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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
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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
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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 --
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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.
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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
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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
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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?
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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.
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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?
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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,
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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
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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
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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?
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.)
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.)
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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
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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
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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
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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
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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
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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
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certification
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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
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188:2 202:5
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costs 198:15
counsel 156:16
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counsels 191:9
counterclaim 170:7
177:18,23 179:10
179:24
counterclaims
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208:4
course 166:17
183:14 190:4
court 156:1 160:2
162:5,7 163:10
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174:1 175:8,11
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184:21 185:4,11
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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
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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
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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
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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
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Dated 208:20
day 172:22 186:2,4
186:9 200:16
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208:20
days 173:16
dealing 202:1
deals 172:12
debate 172:16,25
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186:14
decide 184:7
decision 173:2
declarations
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declare 170:16
defend 180:7
183:13
defendant 156:9
157:8 178:23,25
179:1,2,3 193:4
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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
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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
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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
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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
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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 161:13,14
162:21 166:23
168:18
John 201:19
JOHNSTON 157:9
Jonas 159:4 187:12
188:5 196:17
Jonas's 188:1,3,8
Jonathan 166:19
174:13 178:2
Jones 157:9 168:7
168:12 176:23
177:11
judge 166:18 168:8
170:12 172:20
173:21 188:10
190:13 199:4
207:6
judicial 156:1
180:1
July 168:6 176:18
176:20 177:1
K
keep 181:2
KELLY 208:6,23
kill 190:17,18
King 189:2,6,9,15
190:3,6,13 191:2
191:10,14 192:9
King's 190:25
191:22
kingpin 170:24
knew 174:14
176:15
know 161:8 165:13
168:11 169:15,22
173:18 176:2,14
176:25 180:13
182:17 183:1
190:12 202:1,5
203:23 204:2,25
206:1
knowledge 161:18
202:22
known 183:15
194:25
L 157:5 208:6,23
Lake 157:5
Lakeland 161:15
languages 191:3
law 162:25 164:4
164:21 166:13,20
166:21 168:18
171:3,18 174:15
174:18 178:3
184:5 191:25
197:8
lawsuit 181:7
lawsuits 163:24
166:17 167:12,15
168:25 174:12
179:25
lawyer 167:22
187:23,23
lawyers 170:25
182:15,16
lead 188:5,7
learned 161:20
166:6,10,11,11
169:3 174:19
182:23
leave 159:10
177:17
led 166:24 183:16
legal 170:5 171:23
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
means 201:12
208:18
mediate 190:11
mediates 191:9
medical 191:6,7
192:1
meeting 159:9
168:11 176:18,18
176:20,22,23,24
177:10 182:6
187:10
meets 197:21
member205:6,8
menagerie 184:9
mention 194:16
mentioned 175:25
176:3 185:21
merits 172:16
met 168:12 181:9
181:10
Miami 182:15,17
mid 199:12
minutes 159:6,9
185:13,14
misrepresenting
164:20
MO 164:2 166:4
Monday 206:14
207:2
money 170:20
198:12 201:16
monies 195:7
198:14 200:1
201:23
month 164:22
172:9 187:6
months 163:25
187:16
Morgan 169:16,20
169:21 180:23
181:2,3,6,14
182:1
Morgan's 181:11
motion 156:15
159:10 167:10
170:12 172:19
Florida Court Reporting
561- 689 -0999
5
177:17 182:12
183:2 184:13
186:6 187:16
motions 166:22
184:19
move 164:5,19,23
180:10 184:18
189:9 198:19
N 158:1
name 161:11
171:19 185:20
193:14 194:13,18
194:22 195:2,5,10
201:12 202:11
204:18 206:6
named 166:23
177:24
names 161:4
nature 165:16
197:24
necessary 180:6,8,9
need 172:24 173:15
185:6,11 188:14
190:24 200:22
203:18 206:25
needed 200:21
negatively 190:8
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
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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
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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
12159:8 193:24
12/14159:9
12th 176:18
13 193:24
130 158:6
132 158:9
139 158:10
13th 208:20
14177:4
146158:11
149158:14
15 177:6
15th 156:1 182:25
203:7 206:23
160158:15
174159:12
17th 170:13
18187:14 202:2
188158:16
1900197:7 198:5
200:16
191158:17
193158:20
199158:21 159:15
1998187:3 192 :6
196:20 199:16
203:16,17 204:2,4
1st 197:6 198:4
2:30156:25
20157:13 161:4
167:12
2000s 199:12
2005 199:14
2006199:14
2014 161:24 165 :3
168:6 173.10
177:3 182:25
185:23 186:3,14
187:2,5
2015 156:24 170:13
176:21 197:7
198:5 200:14
208:20
207 208:9
Florida Court Reporting
561- 669 -0999
223- 9990157:4
22nd 165:3
24th 168:6 176:18
176:20 177:1
186:14
25168:24,25
171:17 190:4
27158:4 159:4
28 161:2
3 159:7
30190:4
3272 157:3
32819157:6
33401157:10
33432 157:13
33480157:3
35159:5
352- 4194157:6
392 -1230 157:14
3rd 176:11
4159:6
4:30 207:4
40180:3
407 157:6
424th 203:3
45159:6
4th 203:16
5 159:9
50- 2014 -4474
170:8
50- 2014CA004474
177:22
502013CA01771...
156:3
505157:10
561157:4,11,14
59159:7
659 -3000 157:11
6th 196:20 203:17
10
203:18
7
7159:12 173:6
174:3
7414157:5
8
8 159:10
8th 173:8 175:21
9
9177:16 179:13,14
180:11,14,15,20
9/8/14159:12
9:15 -CV -80182
159:11
94159:8
Florida Court Reporting
561- 689 -0999