Transcript of Hearing 29 Nov 2011 Attorney asks to be Surety for Client

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HANSEN REPORTING SERVICE

(863) 382-3310

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IN THE COUNTY COURT OF HIGHLANDS COUNTY, FLORIDACLAIMS DIVISION

CASE NO: 11000301SPS

CAPITAL ONE BANK (USA) N.A.,

Plaintiff,

vs.

MOTIL, JAMES A.,

Defendant.________________________________

TRANSCRIPT OF PROCEEDINGS

DATE TAKEN: November 29, 2011

TIME: 9:30 A.M. - 10:37 A.M.

PLACE: Highlands County Courthouse430 South Commerce AvenueSebring, Florida 33870

BEFORE: The Honorable Anthony L. RitenourCircuit Judge

This cause came on to be heard at the time andplace aforesaid, when and where the followingproceedings were reported by:

Susan Rankine, Court ReporterHansen Reporting Service

326 Lemon AvenueSebring, Florida 33870

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(863) 382-3310

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APPEARANCES FOR THE PLAINTIFF(Via Telephone)

STANLEY ERSKINE, ESQUIREErskine & Fleisher

55 Weston Road, Suite 300Fort Lauderdale, Florida 33326

APPEARANCES FOR THE DEFENDANT

JAMES A. MOTIL, PRO SE

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(THEREUPON, the following proceedings were

had:)

THE COURT: Can you hear me?

MR. ERSKINE: Yes, Your Honor.

THE COURT: All right. Mr. Motil is -- is that

how you pronounce your name, Motil?

MR. MOTIL: Motil.

THE COURT: All right. Mr. Motil is present.

We have a whole slew of motions. A motion to quash,

motion to strike affidavit, motion to dismiss,

motion for leave to file third-party claim, motion

to dismiss for Plaintiff's failure to file

non-resident bond, motion to strike Defendant's

pleadings and discovery for ghost writing, motion to

strike Defendant's motion for leave to file a

third-party claim and for sanctions, motion to

determine confidentiality of court records and

motion to seal records. Does that sound like all of

them?

MR. ERSKINE: Sounds pretty close, Your Honor.

THE COURT: Okay. So based on that I assume

that most of these -- this is started by the Defense

filing motions and so it would seem appropriate for

him to go first. Is that your understanding,

Plaintiff?

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(863) 382-3310

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MR. ERSKINE: That's fine, Judge.

THE COURT: Okay.

MR. ERSKINE: Yes, Your Honor. I think he

should address the jurisdictional motions first

because, obviously, if I can't get past the

jurisdictional motions the rest of it really is a

nullity.

THE COURT: All right. Mr. Motil, which motion

of yours do you want to start with?

MR. MOTIL: I would like to make an objection

right at the moment for the fact that he is not the

attorney of record.

THE COURT: Who is not the attorney of record?

The guy on the phone?

MR. MOTIL: Mr. Erskine. Fleisher is the

attorney of record.

THE COURT: Who do you think is on the phone?

MR. MOTIL: Erskine. Isn't that what he said?

THE COURT: I thought you just said Erskine &

Fleisher is the attorney of the record and --

MR. MOTIL: No.

THE COURT: -- Mr. Erskine is on the phone?

MR. MOTIL: No. Mr. Fleisher is attorney of

record. Erskine is another attorney within that

particular framework, but he's not the attorney of

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(863) 382-3310

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record.

THE COURT: Okay. So you're saying he's an

attorney with that firm but he's not the one that

signed the initial paperwork?

MR. MOTIL: He didn't ask for leave to become a

new attorney for the record.

THE COURT: So you're objecting to -- okay.

Who is on the phone now?

MR. ERSKINE: Stanley Erskine, Your Honor.

THE COURT: Stanley Erskine of what law firm?

Erskine & Fleisher, right?

MR. ERSKINE: That's correct, Your Honor.

THE COURT: Okay. So I don't understand what

your objection is then.

MR. MOTIL: He failed to file a notice of

appearance. I've got some paperwork that he has

actually done himself when he's being sued, when

they themselves are being sued. They know how to

file a notice of appearance when they decide --

THE COURT: He's being sued? Who is he being

sued by?

MR. MOTIL: In this particular case Stephen J.

Pincus was the plaintiff and the Law Office of

Erskine & Fleisher was the defendant and they filed

a notice of appearance of substitution of counsel.

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(863) 382-3310

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THE COURT: What does that have to do with

this?

MR. MOTIL: He's not the -- Erskine is not the

attorney of record. Fleisher is the attorney of

record. They didn't file a substitution of counsel.

THE COURT: Substitution of -- okay. Do you

want to address that?

MR. ERSKINE: Sure, Judge. Mr. Motil

represents a new class of pro se defendants. Quite

frankly, Judge, we did a search on the Internet and

he's used this -- he's attempted to use this in

another case where he has been sued in a foreclosure

matter. And he's misreading the law in this arena

and it's squarely against Mr. Motil's position.

He has alluded to one particular case and he

has misrepresented the law in that case before the

Court and the pleadings. The case is referred to as

Pasco County versus Quail Hollow. In that

particular case, a Second DCA case, the Court goes

into the reasoning behind substitution of counsel

and notice of substitute counsel and notice of

appearance of additional counsel under the Rules of

Judicial Administration.

You're quite right, Judge, in your observation.

The attorney -- if an attorney files an appearance

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(863) 382-3310

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in a case and is not affiliated with the law firm,

the law is clear that a substitution of counsel

should be filed either to replace that prior counsel

or a notice of appearance of additional counsel to

show that that person may not be an attorney of

record but a co-counsel.

As aptly pointed out by this Court is that Mr.

Fleisher and myself are both partners in the same

law firm, we represent the same parties, the

representations in the case have been strictly

between myself and Mr. Fleisher and, therefore,

there's been no change of law firm and as a result

of which, since we're affiliated, we can both come

into the case at will. Notwithstanding, Judge, I

did file another notice of appearance to satisfy Mr.

Motil and Mr. Fleisher signed it, as I, which has

been filed in the court record to readopt all

pleadings and that either one of us could be

involved in the case, because I knew this would

happen.

THE COURT: Okay. All right. Well, I'll

overrule your objection.

Go ahead, Mr. Motil, with your motions. If you

want to go by when they were filed you had a

Defendant's motion to dismiss that was filed

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(863) 382-3310

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September the 28th.

MR. MOTIL: Okay. I would like to point out

some initial facts first. My affidavits are

unrefuted. And to get started, their statement of

claim, which is their original complaint, there are

no exhibits referenced. And you can only look at

the four corners of their complaint. They are not

using my legal name.

THE COURT: But you're going by -- you're

arguing your motion to dismiss now?

MR. ERSKINE: Judge, I think we may want to

address his motion to quash service. It was filed

the same date, along with his motion to file a cost

bond.

THE COURT: Let me find that. Motion to quash

service you said? Let's see.

MR. ERSKINE: Motion to quash defective service

of process filed on the 28th.

THE COURT: I know I had read that off earlier,

but she didn't put a sticky on that one. There's a

motion to dismiss, motion to strike affidavit.

MR. MOTIL: Motion to quash.

THE COURT: That was filed on the same date you

guys are saying?

MR. MOTIL: Yes.

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(863) 382-3310

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MR. ERSKINE: Yes, sir.

THE COURT: Okay. I see --

MR. MOTIL: It's only like one and a half

pages.

THE COURT: All right. Go ahead. Address your

motion to squash, I guess, because that would be the

initial thing.

MR. MOTIL: Okay. Comes now the Defendant in

error, James A. Motil, Jr., pursuant to Florida

Rules of Civil Procedure, Rule 1.070 and Florida

Statutes 48.031, Paragraph 5, and 55.203 to move

this Court to quash the service of process upon him.

It is defective for the following reasons: That

someone has failed to state the location where it

was dated at, the person serving the summons failed

to accurately record the time. The apparent time

handwritten on my copy of the summons is 1:10 b.m.

To enforce the final judgment a judgment

creditor needs an original lien certificate pursuant

to Florida Statute 55.203 and the original judgment

lien certificate must include, A, the legal name of

each judgment debtor, the legal name of judgment

creditor, and record a legal entity, the registered

name and document file number as shown in the

records of the Department of State. My legal name

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does not appear in the statement of claim, nor on

the summons. The only way to legally change this is

for the Plaintiff to amend his complaint, the person

serve me with a copy of the amended complaint.

It is well settled that a judgment entered

without due service of process is void. See also

Jose E. Vidal, Appellate, v. Sun Trust, Warner J.

Wherefore I move the Court to quash service of

process upon me and grant Plaintiff an extension of

time to file an amended statement of claim and serve

a copy upon me for findings of fact and inclusions

of law and for such other further and different

relief as the Court deems appropriate.

THE COURT: Let me try to find the summons

here, now that I found your motion. Are you going

to respond to that?

MR. ERSKINE: Sure, Judge. First of all, Rule

1.070 in his motion is inapplicable to the case at

bar because this is a small claims matter and I

believe under Rule 7.020 of the Small Claims Rules

it's not included and, as such, it's not applicable.

As far as Florida Statute 55.203 regarding a

final judgment, I have no idea how that is

applicable to the case and have no argument because

it deals with a judgment creditor with a lien.

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(863) 382-3310

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As far as Florida Statute 48.031(5), that deals

with return of service. And if Mr. Motil can be

kind enough to explain to both the Court and I how

his return does not comport with that particular

specific section, I don't understand, Judge, because

apparently pursuant to the return served on him,

which is an exhibit to his motion, the process

server complied with the statute.

THE COURT: It says the process -- I'm looking

at the service. It says, "I, Kenneth Rutledge,

today served James A. Motil at 1:19 p.m." What I'm

seeing. I'm not sure where you got 1:10 b.m., but

I'm reading --

MR. MOTIL: Judge, on my copy, it's attached to

it, it's dated 9/15/11 at 1:10 b.m., which is a

technicality, but still where it says dated at

there's nothing there. It didn't say where it was

served or anything. It's just technicalities.

THE COURT: So are you saying you are

withdrawing your motion then?

MR. MOTIL: No, I'm not withdrawing it. It's

just technicalities. I pointed them out.

THE COURT: Okay. All right. Well, yeah, I'm

not understanding where you're seeing it. I'm

looking at the original certificate of service and

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(863) 382-3310

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it says -- I don't know if you printed out two of

them, but the one in the file shows 1:10 -- well,

let's see.

MR. ERSKINE: Judge, I think the issue here is

whether or not the Defendant received the summons.

I'm assuming based upon his representation he

received the summons and he's addressing a

hypertechnical defect, I'm assuming. And if that's

in fact the case, Judge, the case law is clear that

hypertechnical defects in the summons will not

sustain a quashing the summons. I have the case of

American Hospital versus Nateman. I believe the

citation is 498 So. 2d 444.

So I'm not sure if he's talking about the

return of service or whether he's talking the actual

summons served on him, but in either event he was

served. He doesn't deny that.

THE COURT: All right. I'm going to deny that

motion. I'm really not sure what you're getting at

either. So let's move on to -- so I'm going to deny

the motion to quash. Service looks fine. So then

we've got to go to the motion to dismiss, I guess.

MR. ERSKINE: No, Judge. I think it's the cost

bond. It's another jurisdictional motion.

THE COURT: Let me find that one. Let's see.

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Notice of Plaintiff's failure to post non-resident

bond.

MR. ERSKINE: Right. We filed a reply, Judge.

We never received the original notice to file a cost

bond, which he reportedly filed on September 28th.

And when he sent us that notice of noncompliance,

which was on about I think the last week in October,

we filed a reply indicating we had not received it

and we did in fact file a cost bond.

THE COURT: And where is your cost bond? When

did you file that?

MR. ERSKINE: It should be around November 3rd

we sent it to the clerk.

THE COURT: Let me look around November 3rd.

There's a cancellation of hearing.

MR. ERSKINE: Right. We sent a check for

$111.50 on it looks like November the 3rd, Judge.

THE COURT: Well, as soon as I can find it if

that's been done then that takes care of that issue.

I just don't see it yet.

Mr. Motil, have you seen that he's filed a cost

bond now?

MR. MOTIL: Actually, I have a response to that

also.

THE COURT: Well, answer my question. Have you

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seen whether or not he has filed?

MR. MOTIL: I've seen that he filed a notice of

filing a non-resident cash bond, yes.

THE COURT: Well, then, if he's done that,

doesn't that get rid of that issue?

MR. MOTIL: No, it does not.

THE COURT: Why does it not?

MR. MOTIL: Because, as he stated, Plaintiff

claims that they did not receive this notice, which

is an unverified statement. This is something an

attorney should know when working for an

out-of-state client.

THE COURT: But it doesn't matter. If he's

already filed it, it now doesn't matter.

MR. MOTIL: I'm getting to the point. Just

give me just a little bit of leeway.

THE COURT: No, no, no, no. You need to answer

my questions. This is my courtroom. I run it. My

issue is if you said he didn't file a cost bond but

now he has, what else is there in regards to that

issue?

MR. MOTIL: Okay. They claim they filed a cost

bond.

THE COURT: Well, you just admitted that he has

now.

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MR. MOTIL: Okay. Then -- okay. Hold on.

THE COURT: I haven't found it yet, but you

said he did. Or you said he filed a notice of it.

MR. MOTIL: A notice of it, exactly.

THE COURT: Let's see. You said what date?

November 3rd?

MR. ERSKINE: Yes, sir. I'm going to look up

the court docket and see if it's in there.

THE COURT: I'm flipping through it. Go ahead,

Mr. Motil.

MR. MOTIL: Okay. On the purported bond it

does not say who is the principal or who is the

surety. Can either one of you tell me who those

are? According to Form 1.960, it lists a surety and

a principal and that's not in his notice of filing.

There's a notice of a filing. There's no bond

attached.

THE COURT: Motion to dismiss -- well, so far I

still haven't even seen it, so I can't respond to

that. I'm just going to have to check with the

clerk on that. Okay? If he has filed a proper

bond, then that would be denied. If he hasn't,

then --

MR. MOTIL: I can show you.

MR. ERSKINE: I didn't file a cash bond, Judge.

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THE COURT: Okay. Well, I'm not -- I'm just

not finding it. She's got stickies -- there is so

much stuff in here that's got stickies on it. Let's

see. Defendant's response to Plaintiff's --

Defendant's amended motion for leave to file. Okay.

Here's a reply to Defendant's motion to dismiss, a

failure to file -- okay.

MR. MOTIL: It should be right after that.

MR. ERSKINE: It's on the docket, Judge. It's

on the docket on 11/7.

THE COURT: Okay.

MR. ERSKINE: And it also says on the left on

the docket "Funds deposited in the registry of the

court."

THE COURT: Notice of cancelation of hearing.

You guys just have filed too much stuff right around

the same time period, which is --

MR. ERSKINE: Judge, you can also enter an

order finding me to be responsible for the amount of

money in any event and I can be held responsible,

which is fine with my firm.

MR. MOTIL: So who's the principal and who's

the surety?

THE COURT: Well, I see a notice that he's done

it. I still don't -- okay. All right. Well, if he

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has done it, he's okay. If he hasn't done it, he's

not. And it looks -- I'm going to have to check

with the clerk and see whether or not he has filed

the appropriate bond. He has in here a reply that

he has since filed a cost bond in order to address

the issue at hand. Okay?

MR. MOTIL: Well, he didn't.

THE COURT: Well, I don't know. You're saying

he did, but you're now questioning the wording on

it. You're not saying he didn't. You're saying you

don't like the wording on it.

MR. MOTIL: No. I'm saying that just putting a

100 bucks in the court's coffers is not a bond. I

have a Supreme Court official form right here and I

can hand it to you to go by. This is what the form

is supposed to look like.

THE COURT: Well, you can pass that up and I

will check with the clerk's office when we leave the

courtroom today. Because I'm just going by here it

says he's filed this and -- all right. Yes, you

handed me general bond forms for Florida Rules of

Civil Procedure.

And your response was you have already done

this, correct?

MR. ERSKINE: Correct, Judge.

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THE COURT: And I see the reply. I'm just

going to have to see -- for some reason I'm not

showing a sticky as to any monies that were put in

or anything like that.

MR. ERSKINE: Just so the Court is aware, I

pulled up the docket from the web right now, Judge,

and it says the clerk acknowledges receipt of the

money and the notice I just indicated on the 7th.

THE COURT: All right. So if it's been done,

it's done. If not, you would -- okay. Here we go.

Registry deposit. It's actually bond approval.

Okay. Notice of filing non-resident cash bond

pursuant to Florida Statute 57.011. It was back --

okay. All right. And then the clerk has

acknowledged -- the clerk approved it.

So, yes, Mr. Motil, on December -- or November

the 7th I show a registry deposit and that the clerk

has actually approved the bond.

MR. MOTIL: Okay. On that reported bond who is

the principal and who is the surety? In order for a

bond to be -- according to Florida Jurisprudence

states -- it's 0 So. 2d 171, form of good and

sufficient bond. It states, "A good and sufficient

bond is one with a principal and a surety company."

THE COURT: That would be a surety bond.

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MR. MOTIL: No. And it also states that no

attorney is allowed to become a surety on any bond

of a client in judicial proceedings. Again I ask

who is the principal and who is the surety? They

have still not answered that question. It's valid.

THE COURT: Do you want to respond to his

objection now?

MR. ERSKINE: Sure, Judge. Let's assume he's

correct and he moves to dismiss the action, which he

has, based upon that. We can -- this could be

circumvented very simply. This Court can hold me

responsible for all costs up to the amount of the

statutory requirement.

MR. MOTIL: According to Florida Statute 2011

452 --

MR. ERSKINE: What that would mean, Judge, is

that his position clearly is analogous -- would be

contrary to the statute. And let's assume his

position is correct. That would be diametrically

opposed to the responsibility enumerated under this

particular statute. Would this Court have the

ability to allow an attorney to act as a surety to

be responsible for the bond?

MR. MOTIL: Again --

MR. ERSKINE: It says so right in the -- it's

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in the cost bond statute you can hold me

responsible.

MR. MOTIL: Again, under Florida --

MR. ERSKINE: So whatever he has, unless it's a

specific statute, a case or whatever he's referring

to specifically construing 57.011 that says that an

attorney cannot be responsible, it's inapplicable.

THE COURT: What cost do you have that his $100

doesn't cover so far?

MR. MOTIL: I'm not arguing that point. I'm

arguing the technicalities of what he's doing.

THE COURT: Well, you have to answer my

question. You don't get to chose what you want to

argue. You've got to answer my question.

MR. MOTIL: His $100 cannot be paid by him.

It's got to be paid by the client, which would be --

MR. ERSKINE: It is paid by the -- I'm sorry.

MR. MOTIL: He just stated that he put the

money, that he personally put the money in the --

THE COURT: What cost do you have that is not

covered by the $100 that he has put in right now?

MR. MOTIL: I put in a couple of my own --

tons. I'm not prepared to answer that right now.

THE COURT: Okay. Then your objection is

overruled, because the whole idea of a cost bond is

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to cover the cost. If you don't have any costs and

he's already put in 103 bucks, you don't have --

you're forcing him to do a cost bond, which he has

done, but you haven't shown me that there's any

costs.

MR. MOTIL: But he hasn't because he has not

filed -- just because he threw 100 bucks in the

coffers is not specific as a bond. There's a form

for it. It's from the Florida Supreme Court --

THE COURT: There are cash bonds and surety

bonds.

MR. MOTIL: And it states every bond has a

principal, which is whoever the principal is, and

who the surety is.

THE COURT: And he's agreed to do that.

Overruled. Go ahead. What else do you want to

complain about? He's done a cash bond and what I'll

also say is based on his statement we'll hold him

responsible for any costs that you may have. But I

even asked you if you had any costs and you don't

have any it sounds like. So that's the whole reason

in putting up a cost bond, because that way if you

are the winning party they would cover your costs.

MR. MOTIL: In reference to that there's a

point to it. Because the Florida Statute 454.20,

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attorneys are not to be sureties. No attorney shall

be --

THE COURT: Okay. Well, I've already addressed

it. Once I've made a ruling you need to move on.

MR. MOTIL: But there's a reason for dismissal

--

THE COURT: Listen to me. Look at me. Look at

me. Look at me. When I make a ruling you don't

keep going on and on. Do you understand me?

MR. MOTIL: Yes, sir.

THE COURT: I don't know where else you've been

in a court, but let me explain something to you.

I've been allowing you to go on and I'm trying to

explain it to you. If you don't agree with what I

rule on, that's when you file an appeal, but once I

make a ruling you don't keep going down the same

road. Do you understand me?


THE COURT: Okay. I've said that he has been

sufficient and they did a cash bond and if the cash

bond does not qualify for whatever reason the

attorney is personally liable for your costs. Move

on. Do you know what your next issue is?

MR. MOTIL: Motion to strike the affidavit --

THE COURT: Motion to strike affidavit of

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(863) 382-3310

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Tarnetta Mayfield.

MR. MOTIL: May I have a small break to go get

a drink of water? I'm parched.

THE COURT: That's fine. Hurry up.

(A short break was had.)

THE COURT: All right. Let me find it again.

It was Defendant's motion to -- no. Let me find it.

Motion to strike affidavit of Tarnetta Mayfield.

Okay. Why are you trying to -- let me try to find

the affidavit of Tarnetta Mayfield. Okay.

MR. ERSKINE: It's probably attached to the

complaint, the statement of claim, Your Honor.

THE COURT: I have it. Mr. Motil what is your

objection to this affidavit?

MR. MOTIL: First, it does not allege that

she's an employee or officer and that she's only

familiar with the manner and method of business

books and records, et cetera. The books are made by

an unnamed person. She only has personal knowledge

of this process. It's dated March 21st, 2011, which

is five months prior to the filing of the complaint,

13 days after the initial correspondence and 17 days

prior to the request for verification. Sounds a

little fishy. Her affidavit is hearsay and hearsay

is not admissible. She does not identify or certify

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(863) 382-3310

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any business record. It's not attached to it in any

way, shape or form.

Under Third American Jurisprudence So 2d, the

person with knowledge of facts asserted in an

affidavit is not presumed, but rather the court

should be shown how the affiant knew or could have

known such facts and if there's no evidence from

which an inference of personal knowledge can be

drawn, then it is presumed that such does not exist.

Person with personal knowledge Page 397 to 398.

Affidavits containing hearsay, legal conclusions and

irrelevant information are properly stricken without

an opportunity to amend as defects in the affidavits

are of substance and not form.

Again So 2d, 17 Amendment, Page 400. Before a

document may be admitted as a business record a

foundation for such admission must be laid. Section

90.803 Paragraph 6, Florida Statutes 2010 allows the

admission of records under regularly kept business

activity when the business record was made at or

near the time of matters reported and when the

business record is made by a person having personal

knowledge of the matters reported or when the

information supplied in the record is supplied by a

person with knowledge.

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Here none of the requirements for admission of

a business record are met. As noted, Ms. Mayfield

has alleged no personal knowledge as to the actual

preparation or maintenance of the specific documents

alleged by the Plaintiff. Further, Ms. Mayfield

made no attempt to admit the affidavit by

certification or declaration pursuant to Section

90.803 Paragraph 6-C, Florida Statutes. Because no

foundation has been laid and because the affiant has

no personal knowledge, admission of the affidavit

would be erroneous.

Now, I have another -- I actually have -- where

is it at? It's attached here somewhere. Another

affidavit that she put together for Capital One

regarding Thurston R. Mitchell where it's basically

a --

THE COURT: Who is Thurston R. Mitchell?

MR. MOTIL: It's just another case that she

filed an application against.

THE COURT: Well, let's worry about your case

and any appellate, you know, any decisions.

MR. MOTIL: Okay. We'll go to --

THE COURT: So your objection is that her --

I'm trying to look at your motion -- is that she

doesn't have personal knowledge, she's not a witness

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and she's not an officer or an employee.

MR. MOTIL: Yeah. Then an appeal from the

Circuit Court of Levy County, Judge Stanley H.

Griffis, III, stated in a case, Moshe Mazine and

Jaacove Bouskila vs. M&I Bank, it states quite

clearly, before a document may be admitted as a

business record a foundation for such admission must

be laid, Section 90.803 Florida Statutes 2010.

THE COURT: Why are you referring to business

records now? I thought you were attacking her

affidavit?

MR. MOTIL: Because her affidavit isn't a

business record. She supplied none of it. It's all

hearsay. Everything in her affidavit is hearsay at

best. It's not admissible in any way, shape or

form.

THE COURT: It's not admissible at what?

MR. MOTIL: In proving their case of cause of

action.

THE COURT: Okay. Do you want to respond to

that?

MR. ERSKINE: Judge, I think your observation

is clear the affidavit has been filed to show the

establishment of the debt. There's no pending

proceedings in which the affidavit is being used

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and, quite frankly, Mr. Motil has the opportunity if

he wishes at any other subsequent proceeding where

the affidavit is being used to of course move to

strike it for whatever basis he feels appropriate.

At this juncture, since there is no pending

proceeding using the affidavit, his motion really is

premature and frankly moot at this juncture.

THE COURT: Yeah. I'm a little bit -- see, if

we were at a trial, Mr. Motil, and they were trying

to introduce the affidavit at trial a lot of your

arguments would be justified because they cannot use

an affidavit at trial. Affidavits though can be

used in certain other hearings, so I'm not really

sure why you filed it at this time. For example, at

certain motion hearings affidavits are permitted

under the rules. So I'm really at a loss as to why

you're trying to strike it right now.

MR. MOTIL: I'm trying to strike it now because

that's their only so-called proof that I, James A.

Motil, Jr., owes the debt to Capital One.

THE COURT: Okay. Well -- all right.

MR. MOTIL: Which is my point for my motion to

dismiss. They've got a one-page document. On the

four corners of the document they have no proof.

There's no exhibits attached to it.

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THE COURT: We'll address your motion to strike

the affidavit. Well, your motion to dismiss was --

did we actually address that one yet?

MR. MOTIL: No, not yet.

MR. ERSKINE: No, Judge.

THE COURT: So we just had the motion to strike

affidavit. I'm not sure why -- I mean, I know why

you're saying you're striking it. She alleges

actually that she's an authorized agent. Does she

use the word "officer" or "employee"? No. She uses

the word "agent".

I'm at a loss. I'm not really understanding

what you're trying to strike or really why because

it's not being used at a trial. So at least at this

point it's a denial of that. All right. What is

your next motion?

MR. MOTIL: Okay. My motion --

MR. ERSKINE: Judge, what I believe he has left

is his motion to dismiss and his motion for leave to

file a third-party claim. And I think he just filed

another one to amend. He filed another one on the

7th of November to file an amended I guess

third-party claim and counterclaim. Those are the

three items left I see from the Defendant.

THE COURT: So the motion to dismiss is --

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(863) 382-3310

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let's see. You say Plaintiff's identity is vague.

Why are you saying it's vague?

MR. MOTIL: Because they said James A. Motil.

I'm not James A. Motil. If you Google that name

there's more than three of them. One lives in

Arizona. One lives in Cleveland. One of those is

actually my father. I'm James A. Motil, Jr.

Actually, James Angelo Motil, Jr. They are not

referring to me. They are referring to someone with

a name similar.

THE COURT: So are you saying you're not the

person --

MR. MOTIL: That's exactly what I'm saying.

That's exactly what I'm saying. I'm not James A.

Motil. I'm James Angelo Motil, Jr.

THE COURT: That would be --

MR. MOTIL: They are not referring to me

personally. I'm here only because -- had I looked

at the original summons and saw it was James A.

Motil I wouldn't even have signed it accepting it

because I'm not James A. Motil. I'm James Angelo

Motil, Jr. They are not suing me, James Angelo

Motil, Jr. They are suing James A. Motil.

MR. ERSKINE: Judge, may I voir dire the

Defendant so maybe we can get to the bottom of this?

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THE COURT: Sure.

VOIR DIRE EXAMINATION

BY MR. ERSKINE:

Q. Mr. Motil, are you not on the account with

Capital One?

THE COURT: Hold on. Hold on. Raise your

right hand.

MR. MOTIL: I will not be sworn in. I wasn't

prepared to be sworn in for anything. I object. I

wasn't given notice in time to prepare for anything

like this.

THE COURT: Okay. So you're telling me you're

not going to raise your right hand and be sworn in?

I'm just asking you. That's what you said.

MR. MOTIL: I will go ahead and swear, but I'm

objecting to it.

THE COURT: Let me ask you this. You don't

want to be sworn in?

MR. MOTIL: I don't have a problem being sworn

in. I just object to it.

THE COURT: In like three sentences you have

changed your mind. If you're going to object I

won't swear you in.

MR. MOTIL: Well, I'm going to object.

THE COURT: Okay. Then your motion is denied.

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MR. MOTIL: Okay.

THE COURT: Okay. Let's move on to something

else then if you're going to object and he's allowed

to voir dire you as to whether or not you're the

person you're claiming. If you want to object I

will allow you to object as this was not set for a

hearing for a trial, then we'll deny your motion.

It's as simple as that.

MR. MOTIL: And which motion was that?

THE COURT: Your motion to dismiss based on you

saying you're not the person he's looking for. If

you don't want to give testimony in regards to that

I'm not going to make you right now because it was

not a testimonial set hearing, so we'll deny your

motion.

MR. ERSKINE: Just for purposes of the record,

Your Honor, in small claims proceedings there's no

need to give notice with respect to any type of

motion whatsoever, summary claims motions, anything,

so therefore it would be in the Court's clear right

to seek an evidentiary hearing on short notice.

THE COURT: I understand, but my problem is

we're also getting backlogged. I have people

waiting for another hearing that's supposed to start

and I'm not going to have this drag on for another

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(863) 382-3310

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hour.

MR. ERSKINE: I understand, Judge. I'm just

making sure the record reflects same.

THE COURT: Okay. All right. So he doesn't

want to be sworn in so we're going to deny the

motion to dismiss.

MR. ERSKINE: What he has now, Judge, is his

motion for a third-party complaint and that was

filed on September 28th. And on November 7th he

filed I guess an amended motion to file a

third-party complaint and also a counterclaim. He

did not file with either motion a proposed

third-party complaint or a set of counterclaims.

THE COURT: Well, what day did you file your

motion -- what date is the motion to amend?

MR. ERSKINE: The motion for leave to file a

third-party claim on September 28th I believe, Your

Honor, with that initial package he sent to the

Court.

THE COURT: Okay. Let me see if I can find it.

Objections, motion to dismiss, non-resident cost

bond, motion to strike, motion to dismiss. Okay.

And you want to add a third party. Who do you want

to add? Here it is. Defendant's motion for leave

to file a third-party claim. All right. Mr. Motil,

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(863) 382-3310

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who are you wanting to add as a third party?

MR. MOTIL: Capital One and the attorney of

record and Erskine and Fleisher, both of them.

THE COURT: Okay. And then -- well, if you

want to do Capital One, that's a counterclaim. You

can do that whenever you want. Well, I shouldn't

say whenever you want, but you can file. If you

want to do a counterclaim, have at it.

Let's see. Jurisdiction of the Court arises --

venue is proper. Plaintiff has alleged that James

is liable for a consumer debt, thus he's a consumer.

The lawyers are attempting to collect a consumer

debt from the Plaintiff and they are debt

collectors. The lawyers have failed to provide

proper notice to James Motil, have failed to

sufficiently validate an alleged consumer debt. The

lawyers have made false and misleading statements.

File a third-party claim against the lawyers for

findings of fact, conclusions of law --

All right. So you're wanting to file a

third-party claim against the attorneys?

MR. MOTIL: On the first one I was going to sue

the attorneys for violations. On the second one now

that there's another attorney involved in Capital

One it comes under FDCPA because they hired an

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(863) 382-3310

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attorney to collect an alleged consumer debt. Read

Heintz versus Jenkins.

THE COURT: Are you saying that they have done

something wrong in their attempt to collect a debt?

MR. MOTIL: They failed to verify the debt

before filing a claim against me.

THE COURT: "They" being the attorneys?

MR. MOTIL: The attorneys and Capital One.

THE COURT: If Capital One is the original debt

creditor they are not considered a debt collector.

MR. MOTIL: Well, if you may, the act defines

debt collectors to whom it applies as including

those who regularly collect or attempt to collect

directly or indirectly consumer debts --

THE COURT: Right.

MR. MOTIL: -- owed or due or asserted to be

owed or due another. So 2d 1692(a) Paragraph 6.

THE COURT: Right.

MR. MOTIL: And in 1977 the debtor did not

include any attorney at law collecting a debt, but

in 1986 Congress repealed this exemption in its

entirety, so they should have done what they were

supposed to originally. Attorneys at law firms that

engage in traditional debt collection activities

like sending dunning letters, which they did, making

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(863) 382-3310

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collection calls to consumers, are covered by the

act. That act applies to attorneys who directly

engage in consumer debt collection activity even

when that activity consists of litigation.

THE COURT: Okay. So the whole thing is you

want to file a third-party claim against the

attorneys, right?

MR. MOTIL: Yes.

THE COURT: And what was your response to that?

MR. ERSKINE: First of all, Judge, a couple of

things, one of which is a third-party complaint, and

I'm not sure the Defendant clearly understands it,

is that a claim he's suggesting that we are

responsible to him as a result of the underlying

action. So, in essence, he incurred a debt and

because of actions on our part we're now responsible

for that debt. It doesn't work that way. It has to

arise out of the circumstances with respect to the

statement of claim. How the collection of a debt

arises out of the claim between him and the

Plaintiff is tortious to say the least.

Notwithstanding that, just for the Court's

edification, which is part of our motion to file

confidential records, the document that he's

referring to he was verified the debt, it was given

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(863) 382-3310

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to him. He had filed a claim for fraudulent use of

his credit card and the account statement changed in

terms of the credit card number. So he's trying to

use that specific set of circumstances suggesting

that we only supplied him the information relative

to another account which was not his and as a result

of which we violated his rights.

THE COURT: Okay. All right. Well, he started

it and now you're going into the substance of it.

Just to the idea of him wanting to file a

third-amended complaint, I mean a third-party claim,

whether or not it's baseless, I don't know. I

mean --

MR. ERSKINE: No. I understand, Judge. I'm

just trying to give the Court a little groundwork on

the basis for it, but as far as the actual request

to seek a third-party claim, I don't think he can do

that under the circumstances because he hasn't

alleged enough facts or circumstances to show how

the underlying statement of claim is tied to his

third-party suit.

MR. MOTIL: I can't do that because you won't

let me do my motion to dismiss. There's still no

cause of action.

THE COURT: There's still a cause of action?

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(863) 382-3310

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MR. MOTIL: There is still zero cause of

action. They have not proven their case.

THE COURT: They don't have to prove their case

yet. They're not at trial.

MR. MOTIL: That's the whole point of this. If

they were to prove that I am who they say I am then

this whole point is moot, but the point is they

haven't. I mean, I may not be arguing this

properly. Obviously, I'm not. I'm not an attorney,

but I have more than enough examples of their not

following procedures properly, not filing the proper

paperwork. They are just basically snowballing and

whitewashing everything that's going on here.

That's the whole reason for my motion to dismiss,

but you --

THE COURT: Well, you decided you didn't want

to testify and they wanted to prove that you were

the right person and so I wasn't going to sit there

and let-- you can't have it both ways. You can't

use something as a shield and then as a sword. That

was the reason. You decided you really didn't want

to testify because you didn't get proper notice, so

they were going to question you, do a voir dire of

you. Are you changing your mind now?

MR. MOTIL: If I can get to my motion to

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(863) 382-3310

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dismiss, then yes, I will do anything you want me

to.

THE COURT: What time was the next hearing

supposed to start?

THE BAILIFF: Ten o'clock, Your Honor.

THE COURT: All right. So you want to proceed

on with your motion to dismiss and you want to be

sworn in?


THE COURT: Raise your right hand. Raise your

right hand.

WHEREUPON.

JAMES A. MOTIL, JR.

called as a witness by the Plaintiff, was duly sworn by

the Court, and in answer to questions propounded,

testified as follows:


THE COURT: All right. Go ahead. He's going

to voir dire you in regards to that issue and then

we'll go back to your motion to dismiss.

Go ahead, Mr. Erskine.

MR. ERSKINE: Thank you, Your Honor.

VOIR DIRE EXAMINATION

BY MR. ERSKINE:

Q. Mr. Motil, do you reside at 113 South Delaney

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(863) 382-3310

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Avenue?

A. Yes, I do.

Q. Is that a yes?

A. Yes.

THE COURT: Yes, it is.

Q. How long have you resided there?

A. I've lived there for about off and on for ten

years.

Q. Does anyone else live with you?

A. Multiple people live with me.

THE COURT: He said multiple people live with

him.

Q. Did you ever open an account with Capital One

Bank?

A. Plead the Fifth.

Q. Excuse me?

THE COURT: He said he pleads the Fifth.

Q. Would you be kind enough to tell us what your

social security number is?

A. No. I plead the Fifth.

Q. Would you be kind enough to tell me what your

date of birth is?

A. I plead the Fifth.

Q. Could you be kind enough to tell me where you

work?

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(863) 382-3310

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A. I am unemployed.

Q. Where did you work before you were unemployed?


Q. Did you ever use the Capital One credit card?


Q. Other than the Capital One, do you have any

other credit cards?

A. No, I do not.

Q. So you did in fact have a Capital One credit

card?

A. No, I did not. You asked me if I had any

others. I do not have --

Q. Do you have any brothers? Do you have any

brothers?

A. No, I do not.

Q. Do you have -- you obviously have a father, I

assume.

A. Yes, I do.

Q. And his full name?

A. James Angelo Motil.

Q. James A. Motil as well?

A. Some people reference him as that, yes.

Q. And is his middle name the same as yours?

A. Yes.

Q. Where does he reside?

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(863) 382-3310

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A. Somewhere in Ohio at the moment.

Q. He's in Ohio. And how long has he lived in

Ohio?

A. All of his life.

Q. So he's never lived in Florida?

A. Nope.

Q. Do you know the address for your father where

he lives?

A. No.

Q. Do you know what city in Ohio?

A. Offhand, no.

Q. Are you married?

A. No.

Q. Do you have any children?

A. No.

Q. Do you own real estate?


Q. The public records say you have real estate,

sir. Is that correct or incorrect?

A. I can't confirm or deny that. It's not

pertinent.

MR. ERSKINE: Judge, at this point I have no

further questions subject to the voir dire. I would

ask the Court to entertain an ore tenus motion to

strike all the pleadings of the Defendant and enter

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(863) 382-3310

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a default. And the basis for saying that is, as

this Court knows, when a party pleads the Fifth it

does not militate in their favor relative to all

kinds of issues, particularly discovery. And if it

appears that this is going to continue, then

obviously the Plaintiff's hands are going to be

tied.

THE COURT: Mr. Motil, how do you expect this

case to be resolved? When you say you plead the

Fifth, Mr. Motil, would you tell me what your

understanding of that means?

MR. MOTIL: I don't have to -- I don't have to

say anything negative or positive that could

potentially be used against me or for me in any way,

shape or form.

THE COURT: That's your understanding of what

pleading the Fifth is?

MR. MOTIL: Yeah, basically.

THE COURT: Do you understand this is not a

criminal court that we're doing here today?

MR. MOTIL: I understand that.

THE COURT: You understand that. If this goes

to a trial how do you expect to defend yourself if

you're going to somehow believe that the Fifth

Amendment to the Constitution applies to you in this

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(863) 382-3310

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civil case?

MR. MOTIL: I will have to cross that bridge if

and when it comes to it.

THE COURT: Okay. All right. What else did

you have in regards to your motion to dismiss? You

have answered his questions. It appears that he is

--

MR. MOTIL: I want to start --

THE COURT: We'll get back to his other

motions.

MR. MOTIL: -- pleads in what capacity the

Plaintiff brings suit and by failing to allege the

nature of his legal entity, whether it's active,

inactive, foreign, domestic, for profit or

nonprofit, et cetera, the Plaintiff has not pled

that it has the capacity to maintain suit before

this Court, thus the Court as yet has no subject

matter jurisdiction to hear Plaintiff's case.

Plaintiff's standing as a real party interest is

also vague. Plaintiff has failed to identify James,

me, by my full legal name. James A. Motil is my

father. My full name is James Angelo Motil, Jr.

Plaintiff is vague in not stating whether it is

based upon an oral or written agreement. The claim

mentions an agreement but failed to attach a copy of

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(863) 382-3310

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Plaintiff's cause of action to the claim in

violation of Florida Rules of Civil Procedure 1.130.

THE COURT: All right. Let me stop you for a

second. If all you're going to do is read to me

every line in here, I can read it.

MR. MOTIL: No. I'm done with that. I've got

more notes here.

THE COURT: Okay. In summary, because you guys

are now 27 minutes beyond your time period, you're

thinking I should dismiss this in summary why? If

you could summarize why you think I should --

MR. MOTIL: On the four corners of the

complaint, okay, you have got -- you're looking at

--

THE COURT: The statement of claim. I see it.

MR. MOTIL: -- the statement of claim, which

they don't have anything attached to it. They have

an affidavit which is not admissible. But you have

denied that, so now it's admissible. I've also got

two cases in which you yourself -- where is it at --

Case Number 08000564SPS, which is Capital One versus

Ron Bil, where you stated that the Plaintiff must

provide a signature for the agreement. You also

stated in FIA Card Services versus Karen Tifft in

Case Number 10000219SPS they also must have a signed

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(863) 382-3310

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application.

THE COURT: Yeah, there's a lot of cases that I

require the Plaintiff to provide stuff. So you're

asking that they provide certain things?

MR. MOTIL: That was the whole point. When

they sent me the original dunning letter I requested

a verification of debt. They sent me a one-inch

thick stack of paper. Ten pages of it was

statements, the rest of it basically mumbo-jumbo.

Some pages were blank. Some had some squiggly lines

photocopied on it. I don't even know what it was.

If you look it's inside the yellow manila envelope

that he's trying to keep secret.

There is nothing attached to his original

complaint. It's a one-page document. There's no

exhibits attached to it. It says quite clearly

there's no exhibits referenced. I mean, if they

didn't attach anything to prove their case they have

no case. Irregardless of everything else, if they

did not supply a valid cause of action then they

have no cause of action.

THE COURT: Okay. All right. Response?

MR. ERSKINE: Your Honor, as far as the problem

with the current environment is issues of privacy

and as a result of which we do not attach everything

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(863) 382-3310

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to the complaint. We're allowed to redact certain

information, which we did, and therefore as ag51.

Result of which that's why everything is not

attached. That's the purpose behind filing the

motion for leave to file with this Court a variety

of confidential documents, which we of course filed

with the Court with, I don't know, a hundred pages

worth of statements or documents.

It's a small claims matter. We filed

preliminary documentation sufficient enough to state

a cause of action. He's arguing Rules of Civil

Procedure relative to a more definite statement

concerning a statement of claim. As this Court well

knows all we have to do is a brief allegation of

what the cause of action is. We don't have to go

into all kinds of verbiage and documentation like we

would have to do in a more sophisticated

environment.

If the Court wants me to file an amended

statement of claim, I will.

THE COURT: Okay.

MR. MOTIL: They could have shown the cause of

action with one sheet of paper, not 30,000 pieces.

I mean, literally, he's got a one-inch thick stack.

There's nothing in there that states a cause of

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(863) 382-3310

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action. It's just mumbo-jumbo. You can look at it.

It's right there in front of you.

THE COURT: You're talking about in this

envelope?

MR. MOTIL: That was applied and submitted

after his initial state of claim. So the statement

of claim is still only one document. There's

nothing there. And it says no -- and if you read it

there's no exhibits. Where is the attachments?

What exhibits to prove it? What's his cause of

action?

MR. ERSKINE: Judge, the end result is that Mr.

Motil does not understand certain issues such as

doctrine of equitable estoppel and acceptance by

use. He just feels if you don't have a signed

document you're not going to have a contract. It's

a ruse. We both know that.

The issue here is whether or not he obtained

the account and whether he used it. And if he did,

there's certain principles under the law, one being

doctrine of equitable estoppel notwithstanding

acceptance by use, which creates a contract under

the law. You don't have to sign anything to create

a written contract. That's what he's driving at.

THE COURT: Okay.

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(863) 382-3310

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MR. MOTIL: You do have to do something like

create a written contract. It's written down.

You're implying in your statement that there's a

breach of contract of either oral or implied

contract, such indebitatus assumpsit and/or an

unjust enrichment, but oral and implied contracts

are barred by two Florida statutes of fraud, Florida

Statute 672.201 and Florida Statute 687.0304. They

are barred. There is nothing --

THE COURT: You're telling me that oral

contracts are barred in Florida? Is that what

you're saying?

MR. MOTIL: Yes, I am.

THE COURT: Okay. What is the next thing you

said? You said oral contracts were barred and

something else you just said.

MR. MOTIL: Oral and implied contracts are

barred by two Florida statutes of fraud, Florida

Statute 672.201 and Florida Statute 687.0304.

THE COURT: All right. At this point I'm going

to deny your motion to dismiss. It is premature. A

lot of it's affirmative defenses. A lot of it, to

be honest with you, I don't -- I'm not really sure

some of what you're getting at, but oral contracts

are not barred in the State of Florida. Now,

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(863) 382-3310

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certain types of oral contracts are, but oral

contracts on a whole are not barred. So I'm not

sure --

All right. Do we have any other motions that I

can --

MR. ERSKINE: His third-party complaint, Judge.

THE COURT: Well, on the third-party complaint

you're going to have to show me how you believe --

file something more detailed to show me how these

attorneys should be listed as defendants then -- but

you're right, your motion to do that is very vague.

I mean, just the mere fact you are mad at them for

representing Capital One is not in and of itself

valid.

And also understand, Mr. Motil, if you do file

a complaint against them and it's bogus they can get

sanctions, which would be not only monies but

according to how bogus, if it is bogus, there is a

lot of problems it can cause you. So you might want

to think real hard before you, just to try to tie

this case up, try to file a lawsuit against the

attorneys simply representing a credit card company.

I'm not telling you what to do or what not to do,

who to get advice from and who not to get advice

from. I'm just letting you know that you need to be

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(863) 382-3310

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careful, you know, just because -- you know, if this

is you and it's your credit card, take your lumps

and see what you can work out with them. If it's

not you or whatever, that's something, but to then

try to drag this out by filing something against the

attorneys could come back and bite you and it could

be a pretty hard bite, so just be aware of that.

All right. So what we'll say is on that one

I'll reserve on you filing an appropriate motion to

show why they should be listed more than what you

did in your vague one. All right. Do we have

anything else I need to address?

MR. ERSKINE: Judge, on the motion to determine

the confidentiality of court records we filed a

whole slew of documents. I would like them to be

sealed to protect Mr. Motil's privacy rights.

THE COURT: Okay. I assume you don't mind them

protecting your privacy rights?

MR. MOTIL: No.

THE COURT: All right. So he says he doesn't

object to that, so we'll grant that.

Go ahead. Next?

MR. ERSKINE: The only other motion I have

right now, Judge, is my motion to strike pleadings

for ghost writing, but I'll withdraw it from the

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(863) 382-3310

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calendar today to be heard at another date for

evidentiary purposes should we deem it necessary.

THE COURT: All right. Would you prepare me an

order based on what we have discussed here today?

MR. ERSKINE: Yes, sir.

THE COURT: Thank you.

MR. ERSKINE: Thank you, Judge.

THE COURT: All right.

MR. ERSKINE: Have a good day, sir.

THE COURT: You, too.

(THEREUPON, these proceedings were concluded.

at 10:37 a.m.)

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(863) 382-3310

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CERTIFICATE OF REPORTER

STATE OF FLORIDA )

COUNTY OF HIGHLANDS )

I, SUSAN A. RANKINE, Court Reporter, hereby

certify that I was authorized to and did report the

foregoing proceedings, and that the above and foregoing

pages, numbered 1 through 51 inclusive, represent a true

and correct transcription of my stenographic notes taken

at that time.

DATED at Sebring, Highlands County, Florida

this 28th day of December, 201.

_______________________________

SUSAN A. RANKINE, COURT REPORTER

$

$100 [3] - 20:8, 20:15,

20:21

$111.50 [1] - 13:17

0

0 [1] - 18:22

08000564SPS [1] -

44:21

1

1 [1] - 52:10

1.070 [2] - 9:10, 10:18

1.130 [1] - 44:2

1.960 [1] - 15:14

100 [2] - 17:13, 21:7

10000219SPS [1] -

44:25

103 [1] - 21:2

10:37 [2] - 1:14, 51:12

11/7 [1] - 16:10

11000301SPS [1] - 1:3

113 [1] - 38:25

13 [1] - 23:22

1692(a [1] - 34:17

17 [2] - 23:22, 24:15

171 [1] - 18:22

1977 [1] - 34:19

1986 [1] - 34:21

1:10 [4] - 9:17, 11:12,

11:15, 12:2

1:19 [1] - 11:11

2

201 [1] - 52:15

2010 [2] - 24:18, 26:8

2011 [3] - 1:13, 19:14,

23:20

21st [1] - 23:20

27 [1] - 44:9

28th [6] - 8:1, 8:18,

13:5, 32:9, 32:17,

52:15

29 [1] - 1:13

2d [5] - 12:13, 18:22,

24:3, 24:15, 34:17

3

30,000 [1] - 46:23

300 [1] - 2:4

326 [1] - 1:22

33326 [1] - 2:5

33870 [2] - 1:16, 1:22

397 [1] - 24:10

398 [1] - 24:10

3rd [4] - 13:12, 13:14,

13:17, 15:6

4

400 [1] - 24:15

430 [1] - 1:15

444 [1] - 12:13

452 [1] - 19:15

454.20 [1] - 21:25

48.031 [1] - 9:11

48.031(5 [1] - 11:1

498 [1] - 12:13

5

5 [1] - 9:11

51 [1] - 52:10

55 [1] - 2:4

55.203 [3] - 9:11, 9:20,

10:22

57.011 [2] - 18:13,

20:6

6

6 [2] - 24:18, 34:17

6-C [1] - 25:8

672.201 [2] - 48:8,

48:19

687.0304 [2] - 48:8,

48:19

7

7.020 [1] - 10:20

7th [4] - 18:8, 18:17,

28:22, 32:9

9

9/15/11 [1] - 11:15

90.803 [3] - 24:18,

25:8, 26:8

9:30 [1] - 1:14

A

a.m [1] - 51:12

A.M [2] - 1:14

ability [1] - 19:22

acceptance [2] -

47:14, 47:22

accepting [1] - 29:20

according [4] - 15:14,

18:21, 19:14, 49:18

account [5] - 30:4,

36:2, 36:6, 39:13,

47:19

accurately [1] - 9:16

acknowledged [1] -

18:15

acknowledges [1] -

18:7

act [4] - 19:22, 34:11,

35:2

action [14] - 19:9,

26:19, 35:15, 36:24,

36:25, 37:2, 44:1,

45:20, 45:21, 46:11,

46:15, 46:23, 47:1,

47:11

actions [1] - 35:16

active [1] - 43:13

activities [1] - 34:24

activity [3] - 24:20,

35:3, 35:4

actual [3] - 12:15,

25:3, 36:16

add [3] - 32:23, 32:24,

33:1

additional [2] - 6:22,

7:4

address [9] - 4:4, 6:7,

8:12, 9:5, 17:5, 28:1,

28:3, 41:7, 50:12

addressed [1] - 22:3

addressing [1] - 12:7

Administration [1] -

6:23

admissible [5] -

23:25, 26:15, 26:17,

44:18, 44:19

admission [5] - 24:17,

24:19, 25:1, 25:10,

26:7

admit [1] - 25:6

admitted [3] - 14:24,

24:16, 26:6

advice [2] - 49:24

affiant [2] - 24:6, 25:9

affidavit [24] - 3:10,

8:21, 22:24, 22:25,

23:8, 23:10, 23:14,

23:24, 24:5, 25:6,

25:10, 25:14, 26:11,

26:12, 26:14, 26:23,

26:25, 27:3, 27:6,

27:10, 27:12, 28:2,

28:7, 44:18

affidavits [5] - 8:3,

24:11, 24:13, 27:12,

27:15

affiliated [2] - 7:1,

7:13

aforesaid [1] - 1:19

ag51 [1] - 46:2

agent [1] - 28:9

agent" [1] - 28:11

agree [1] - 22:14

agreed [1] - 21:15

agreement [3] - 43:24,

43:25, 44:23

ahead [8] - 7:23, 9:5,

15:9, 21:16, 30:15,

38:18, 38:21, 50:22

allegation [1] - 46:14

allege [2] - 23:15,

43:12

alleged [6] - 25:3,

25:5, 33:10, 33:16,

34:1, 36:19

alleges [1] - 28:8

allow [2] - 19:22, 31:6

allowed [3] - 19:2,

31:3, 46:1

allowing [1] - 22:13

allows [1] - 24:18

alluded [1] - 6:15

amend [4] - 10:3,

24:13, 28:21, 32:15

amended [7] - 10:4,

10:10, 16:5, 28:22,

32:10, 36:11, 46:19

Amendment [2] -

24:15, 42:25

American [2] - 12:12,

24:3

amount [2] - 16:19,

19:12

analogous [1] - 19:17

Angelo [6] - 29:8,

29:15, 29:21, 29:22,

40:20, 43:22

answer [6] - 13:25,

14:17, 20:12, 20:14,

20:23, 38:15

answered [2] - 19:5,

43:6

Anthony [1] - 1:17

apparent [1] - 9:16

appeal [2] - 22:15,

26:2

appear [1] - 10:1

appearance [7] - 5:16,

5:19, 5:25, 6:22,

6:25, 7:4, 7:15

APPEARANCES [2] -

2:1, 2:8

Appellate [1] - 10:7

appellate [1] - 25:21

applicable [2] - 10:21,

1

10:24

application [2] -

25:19, 45:1

applied [1] - 47:5

applies [3] - 34:12,

35:2, 42:25

appropriate [5] - 3:23,

10:13, 17:4, 27:4,

50:9

approval [1] - 18:11

approved [2] - 18:15,

18:18

aptly [1] - 7:7

arena [1] - 6:13

argue [1] - 20:14

arguing [5] - 8:10,

20:10, 20:11, 37:8,

46:11

argument [1] - 10:24

arguments [1] - 27:11

arise [1] - 35:18

arises [2] - 33:9, 35:20

Arizona [1] - 29:6

asserted [2] - 24:4,

34:16

assume [5] - 3:21,

19:8, 19:18, 40:17,

50:17

assuming [2] - 12:6,

12:8

assumpsit [1] - 48:5

attach [3] - 43:25,

45:18, 45:25

attached [10] - 11:14,

15:17, 23:11, 24:1,

25:13, 27:25, 44:17,

45:14, 45:16, 46:4

attachments [1] - 47:9

attacking [1] - 26:10

attempt [3] - 25:6,

34:4, 34:13

attempted [1] - 6:11

attempting [1] - 33:12

attorney [25] - 4:12,

4:13, 4:16, 4:20,

4:23, 4:24, 4:25, 5:3,

5:6, 6:4, 6:25, 7:5,

14:11, 19:2, 19:22,

20:7, 22:1, 22:22,

33:2, 33:24, 34:1,

34:20, 37:9

attorneys [11] - 22:1,

33:21, 33:23, 34:7,

34:8, 34:23, 35:2,

35:7, 49:10, 49:22,

50:6

authorized [2] - 28:9,

52:8

Avenue [3] - 1:15,

1:22, 39:1

aware [2] - 18:5, 50:7

B

b.m [3] - 9:17, 11:12,

11:15

backlogged [1] -

31:23

BAILIFF [1] - 38:5

Bank [2] - 26:5, 39:14

BANK [1] - 1:4

bar [1] - 10:19

barred [7] - 48:7, 48:9,

48:11, 48:15, 48:18,

48:25, 49:2

based [7] - 3:21, 12:6,

19:10, 21:18, 31:10,

43:24, 51:4

baseless [1] - 36:12

basis [3] - 27:4, 36:16,

42:1

become [2] - 5:5, 19:2

BEFORE [1] - 1:17

behind [2] - 6:20, 46:4

best [1] - 26:15

between [2] - 7:11,

35:20

beyond [1] - 44:9

Bil [1] - 44:22

birth [1] - 39:22

bit [2] - 14:16, 27:8

bite [2] - 50:6, 50:7

blank [1] - 45:10

bogus [3] - 49:16,

49:18

bond [39] - 3:13, 8:14,

12:24, 13:2, 13:5,

13:9, 13:10, 13:22,

14:3, 14:19, 14:23,

15:11, 15:16, 15:22,

15:25, 17:4, 17:5,

17:13, 17:21, 18:11,

18:12, 18:18, 18:19,

18:21, 18:23, 18:24,

18:25, 19:2, 19:23,

20:1, 20:25, 21:3,

21:8, 21:12, 21:17,

21:22, 22:20, 22:21,

32:22

bonds [2] - 21:10,

21:11

books [2] - 23:18

bottom [1] - 29:25

Bouskila [1] - 26:5

breach [1] - 48:4

break [2] - 23:2, 23:5

bridge [1] - 43:2

brief [1] - 46:14

brings [1] - 43:12

brothers [2] - 40:13,

40:14

bucks [3] - 17:13,

21:2, 21:7

business [10] - 23:17,

24:1, 24:16, 24:19,

24:20, 24:22, 25:2,

26:7, 26:9, 26:13

BY [2] - 30:3, 38:24

C

calendar [1] - 51:1

cancelation [1] -

16:15

cancellation [1] -

13:15

cannot [3] - 20:7,

20:15, 27:11

capacity [2] - 43:11,

43:16

Capital [13] - 25:14,

27:20, 30:5, 33:5,

33:24, 34:8, 34:9,

39:13, 40:4, 40:6,

40:9, 44:21, 49:13

capital [1] - 33:2

CAPITAL [1] - 1:4

card [6] - 36:2, 36:3,

40:4, 40:10, 49:22,

50:2

Card [1] - 44:24

cards [1] - 40:7

care [1] - 13:19

careful [1] - 50:1

Case [2] - 44:21, 44:25

CASE [1] - 1:3

case [29] - 5:22, 6:12,

6:15, 6:16, 6:17,

6:19, 7:1, 7:10, 7:14,

7:19, 10:18, 10:24,

12:9, 12:11, 20:5,

25:18, 25:20, 26:4,

26:18, 37:2, 37:3,

42:9, 43:1, 43:18,

45:18, 45:19, 49:21

cases [2] - 44:20, 45:2

cash [7] - 14:3, 15:25,

18:12, 21:10, 21:17,

22:20

certain [7] - 27:13,

27:15, 45:4, 46:1,

47:13, 47:20, 49:1

CERTIFICATE [1] -

52:1

certificate [3] - 9:19,

9:21, 11:25

certification [1] - 25:7

certify [2] - 23:25,

52:8

cetera [2] - 23:18,

43:15

change [2] - 7:12,

10:2

changed [2] - 30:22,

36:2

changing [1] - 37:24

check [4] - 13:16,

15:20, 17:2, 17:18

children [1] - 41:14

chose [1] - 20:13

Circuit [2] - 1:17, 26:3

circumstances [4] -

35:18, 36:4, 36:18,

36:19

circumvented [1] -

19:11

citation [1] - 12:13

city [1] - 41:10

Civil [4] - 9:10, 17:22,

44:2, 46:11

civil [1] - 43:1

claim [30] - 3:11, 3:16,

8:5, 10:1, 10:10,

14:22, 23:12, 28:20,

28:23, 32:17, 32:25,

33:18, 33:21, 34:6,

35:6, 35:13, 35:19,

35:20, 36:1, 36:11,

36:17, 36:20, 43:24,

44:1, 44:15, 44:16,

46:13, 46:20, 47:6,

47:7

claiming [1] - 31:5

claims [5] - 10:19,

14:9, 31:17, 31:19,

46:9

CLAIMS [1] - 1:1

Claims [1] - 10:20

class [1] - 6:9

clear [4] - 7:2, 12:9,

26:23, 31:20

clearly [4] - 19:17,

26:6, 35:12, 45:16

clerk [7] - 13:13,

15:21, 17:3, 18:7,

18:14, 18:15, 18:17

clerk's [1] - 17:18

Cleveland [1] - 29:6

client [3] - 14:12, 19:3,

20:16

close [1] - 3:20

co [1] - 7:6

co-counsel [1] - 7:6

coffers [2] - 17:13,

21:8

collect [5] - 33:12,

34:1, 34:4, 34:13

collecting [1] - 34:20

collection [4] - 34:24,

35:1, 35:3, 35:19

collector [1] - 34:10

collectors [2] - 33:14,

34:12

Commerce [1] - 1:15

company [2] - 18:24,

49:22

complain [1] - 21:17

complaint [17] - 8:5,

8:7, 10:3, 10:4,

23:12, 23:21, 32:8,

32:11, 32:13, 35:11,

36:11, 44:13, 45:15,

46:1, 49:6, 49:7,

49:16

complied [1] - 11:8

comport [1] - 11:4

concerning [1] - 46:13

concluded [1] - 51:11

conclusions [2] -

24:11, 33:19

confidential [2] -

35:24, 46:6

confidentiality [2] -

3:17, 50:14

confirm [1] - 41:20

Congress [1] - 34:21

considered [1] - 34:10

consists [1] - 35:4

Constitution [1] -

42:25

construing [1] - 20:6

consumer [7] - 33:11,

33:12, 33:16, 34:1,

34:14, 35:3

consumers [1] - 35:1

containing [1] - 24:11

continue [1] - 42:5

contract [6] - 47:16,

47:22, 47:24, 48:2,

48:4, 48:5

contracts [7] - 48:6,

48:11, 48:15, 48:17,

48:24, 49:1, 49:2

contrary [1] - 19:18

copy [5] - 9:17, 10:4,

10:11, 11:14, 43:25

corners [3] - 8:7,

27:24, 44:12

correct [7] - 5:12,

17:24, 17:25, 19:9,

19:19, 41:19, 52:11

correspondence [1] -

23:22

cost [17] - 8:13, 12:23,

13:4, 13:9, 13:10,

13:21, 14:19, 14:22,

17:5, 20:1, 20:8,

20:20, 20:25, 21:1,

2

21:3, 21:22, 32:21

costs [7] - 19:12, 21:1,

21:5, 21:19, 21:20,

21:23, 22:22

counsel [9] - 5:25,

6:5, 6:20, 6:21, 6:22,

7:2, 7:3, 7:4, 7:6

counterclaim [4] -

28:23, 32:11, 33:5,

33:8

counterclaims [1] -

32:13

COUNTY [3] - 1:1,

52:3

County [4] - 1:15,

6:18, 26:3, 52:14

couple [2] - 20:22,

35:10

course [2] - 27:3, 46:6

court [8] - 3:17, 7:17,

15:8, 16:14, 22:12,

24:5, 42:20, 50:14

COURT [137] - 1:1,

3:3, 3:5, 3:8, 3:21,

4:2, 4:8, 4:13, 4:17,

4:19, 4:22, 5:2, 5:7,

5:10, 5:13, 5:20, 6:1,

6:6, 7:21, 8:9, 8:15,

8:19, 8:23, 9:2, 9:5,

10:14, 11:9, 11:19,

11:23, 12:18, 12:25,

13:10, 13:14, 13:18,

13:25, 14:4, 14:7,

14:13, 14:17, 14:24,

15:2, 15:5, 15:9,

15:18, 16:1, 16:11,

16:15, 16:24, 17:8,

17:17, 18:1, 18:9,

18:25, 19:6, 20:8,

20:12, 20:20, 20:24,

21:10, 21:15, 22:3,

22:7, 22:11, 22:19,

22:25, 23:4, 23:6,

23:13, 25:17, 25:20,

25:23, 26:9, 26:17,

26:20, 27:8, 27:21,

28:1, 28:6, 28:25,

29:11, 29:16, 30:1,

30:6, 30:12, 30:17,

30:21, 30:25, 31:2,

31:10, 31:22, 32:4,

32:14, 32:20, 33:4,

34:3, 34:7, 34:9,

34:15, 34:18, 35:5,

35:9, 36:8, 36:25,

37:3, 37:16, 38:3,

38:6, 38:10, 38:18,

39:5, 39:11, 39:17,

42:8, 42:16, 42:19,

42:22, 43:4, 43:9,

44:3, 44:8, 44:15,

45:2, 45:22, 46:21,

47:3, 47:25, 48:10,

48:14, 48:20, 49:7,

50:17, 50:20, 51:3,

51:6, 51:8, 51:10,

52:22

Court [27] - 1:21, 6:17,

6:19, 7:7, 9:12, 10:8,

10:13, 11:3, 17:14,

18:5, 19:11, 19:21,

21:9, 26:3, 32:19,

33:9, 36:15, 38:15,

41:24, 42:2, 43:17,

46:5, 46:7, 46:13,

46:19, 52:7

court's [1] - 17:13

Court's [2] - 31:20,

35:22

Courthouse [1] - 1:15

courtroom [2] - 14:18,

17:19

cover [3] - 20:9, 21:1,

21:23

covered [2] - 20:21,

35:1

create [2] - 47:23, 48:2

creates [1] - 47:22

credit [7] - 36:2, 36:3,

40:4, 40:7, 40:9,

49:22, 50:2

creditor [4] - 9:19,

9:23, 10:25, 34:10

criminal [1] - 42:20

cross [1] - 43:2

current [1] - 45:24

D

DATE [1] - 1:13

date [6] - 8:13, 8:23,

15:5, 32:15, 39:22,

51:1

DATED [1] - 52:14

dated [4] - 9:15,

11:15, 11:16, 23:20

days [2] - 23:22

DCA [1] - 6:19

deals [2] - 10:25, 11:1

debt [20] - 26:24,

27:20, 33:11, 33:13,

33:16, 34:1, 34:4,

34:5, 34:9, 34:10,

34:12, 34:20, 34:24,

35:3, 35:15, 35:17,

35:19, 35:25, 45:7

debtor [2] - 9:22,

34:19

debts [1] - 34:14

December [2] - 18:16,

52:15

decide [1] - 5:19

decided [2] - 37:16,

37:21

decisions [1] - 25:21

declaration [1] - 25:7

deem [1] - 51:2

deems [1] - 10:13

default [1] - 42:1

defect [1] - 12:8

defective [2] - 8:17,

9:13

defects [2] - 12:10,

24:13

defend [1] - 42:23

DEFENDANT [1] - 2:8

Defendant [7] - 1:8,

9:8, 12:5, 28:24,

29:25, 35:12, 41:25

defendant [1] - 5:24

Defendant's [6] - 3:13,

3:15, 7:25, 16:5,

16:6, 23:7

defendant's [2] - 16:4,

32:24

defendants [2] - 6:9,

49:10

Defense [1] - 3:22

defenses [1] - 48:22

defines [1] - 34:11

definite [1] - 46:12

Delaney [1] - 38:25

denial [1] - 28:15

denied [3] - 15:22,

30:25, 44:19

deny [8] - 12:17,

12:18, 12:20, 31:7,

31:14, 32:5, 41:20,

48:21

Department [1] - 9:25

deposit [2] - 18:11,

18:17

deposited [1] - 16:13

detailed [1] - 49:9

determine [2] - 3:17,

50:13

diametrically [1] -

19:19

different [1] - 10:12

dire [5] - 29:24, 31:4,

37:23, 38:19, 41:23

DIRE [2] - 30:2, 38:23

directly [2] - 34:14,

35:2

discovery [2] - 3:14,

42:4

discussed [1] - 51:4

dismiss [25] - 3:10,

3:12, 7:25, 8:10,

8:21, 12:22, 15:18,

16:6, 19:9, 27:23,

28:2, 28:19, 28:25,

31:10, 32:6, 32:21,

32:22, 36:23, 37:14,

38:1, 38:7, 38:20,

43:5, 44:10, 48:21

dismissal [1] - 22:5

DIVISION [1] - 1:1

docket [5] - 15:8,

16:9, 16:10, 16:13,

18:6

doctrine [2] - 47:14,

47:21

document [9] - 9:24,

24:16, 26:6, 27:23,

27:24, 35:24, 45:15,

47:7, 47:16

documentation [2] -

46:10, 46:16

documents [4] - 25:4,

46:6, 46:8, 50:15

domestic [1] - 43:14

done [14] - 5:17,

13:19, 14:4, 16:24,

17:1, 17:23, 18:9,

18:10, 21:4, 21:17,

34:3, 34:22, 44:6

down [2] - 22:16, 48:2

drag [2] - 31:25, 50:5

drawn [1] - 24:9

drink [1] - 23:3

driving [1] - 47:24

due [3] - 10:6, 34:16,

34:17

duly [1] - 38:14

dunning [2] - 34:25,

45:6

E

edification [1] - 35:23

either [7] - 7:3, 7:18,

12:16, 12:20, 15:13,

32:12, 48:4

employee [3] - 23:16,

26:1, 28:10

end [1] - 47:12

enforce [1] - 9:18

engage [2] - 34:24,

35:3

enrichment [1] - 48:6

enter [2] - 16:18,

41:25

entered [1] - 10:5

entertain [1] - 41:24

entirety [1] - 34:22

entity [2] - 9:23, 43:13

enumerated [1] -

19:20

envelope [2] - 45:12,

47:4

environment [2] -

45:24, 46:18

equitable [2] - 47:14,

47:21

erroneous [1] - 25:11

error [1] - 9:9

ERSKINE [52] - 2:3,

3:4, 3:20, 4:1, 4:3,

5:9, 5:12, 6:8, 8:11,

8:17, 9:1, 10:17,

12:4, 12:23, 13:3,

13:12, 13:16, 15:7,

15:25, 16:9, 16:12,

16:18, 17:25, 18:5,

19:8, 19:16, 19:25,

20:4, 20:17, 23:11,

26:22, 28:5, 28:18,

29:24, 30:3, 31:16,

32:2, 32:7, 32:16,

35:10, 36:14, 38:22,

38:24, 41:22, 45:23,

47:12, 49:6, 50:13,

50:23, 51:5, 51:7,

51:9

Erskine [13] - 2:4,

4:15, 4:18, 4:19,

4:22, 4:24, 5:9, 5:10,

5:11, 5:24, 6:3, 33:3,

38:21

ESQUIRE [1] - 2:3

essence [1] - 35:15

establishment [1] -

26:24

estate [2] - 41:16,

41:18

estoppel [2] - 47:14,

47:21

et [2] - 23:18, 43:15

event [2] - 12:16,

16:20

evidence [1] - 24:7

evidentiary [2] -

31:21, 51:2

exactly [3] - 15:4,

29:13, 29:14

EXAMINATION [2] -

30:2, 38:23

example [1] - 27:14

examples [1] - 37:10

excuse [1] - 39:16

exemption [1] - 34:21

exhibit [1] - 11:7

exhibits [6] - 8:6,

27:25, 45:16, 45:17,

47:9, 47:10

exist [1] - 24:9

expect [2] - 42:8,

3

42:23

explain [3] - 11:3,

22:12, 22:14

extension [1] - 10:9

F

fact [7] - 4:11, 10:11,

12:9, 13:9, 33:19,

40:9, 49:12

facts [4] - 8:3, 24:4,

24:7, 36:19

failed [8] - 5:15, 9:14,

9:15, 33:14, 33:15,

34:5, 43:20, 43:25

failing [1] - 43:12

failure [3] - 3:12, 13:1,

16:7

false [1] - 33:17

familiar [1] - 23:17

far [6] - 10:22, 11:1,

15:18, 20:9, 36:16,

45:23

father [4] - 29:7,

40:16, 41:7, 43:22

favor [1] - 42:3

FDCPA [1] - 33:25

FIA [1] - 44:24

Fifth [11] - 39:15,

39:17, 39:20, 39:23,

40:3, 40:5, 41:17,

42:2, 42:10, 42:17,

42:24

file [37] - 3:11, 3:12,

3:15, 5:15, 5:19, 6:5,

7:15, 8:13, 9:24,

10:10, 12:2, 13:4,

13:9, 13:11, 14:19,

15:25, 16:5, 16:7,

22:15, 28:20, 28:22,

32:10, 32:12, 32:14,

32:16, 32:25, 33:7,

33:18, 33:20, 35:6,

35:23, 36:10, 46:5,

46:19, 49:9, 49:15,

49:21

filed [34] - 5:24, 7:3,

7:17, 7:24, 7:25,

8:12, 8:18, 8:23,

13:3, 13:5, 13:8,

13:21, 14:1, 14:2,

14:14, 14:22, 15:3,

15:21, 16:16, 17:3,

17:5, 17:20, 21:7,

25:19, 26:23, 27:14,

28:20, 28:21, 32:9,

32:10, 36:1, 46:6,

46:9, 50:14

files [1] - 6:25

filing [11] - 3:23, 14:3,

15:15, 15:16, 18:12,

23:21, 34:6, 37:11,

46:4, 50:5, 50:9

final [2] - 9:18, 10:23

findings [2] - 10:11,

33:19

fine [4] - 4:1, 12:21,

16:21, 23:4

firm [6] - 5:3, 5:10,

7:1, 7:9, 7:12, 16:21

firms [1] - 34:23

first [7] - 3:24, 4:4,

8:3, 10:17, 23:15,

33:22, 35:10

fishy [1] - 23:24

five [1] - 23:21

Fleisher [11] - 2:4,

4:15, 4:20, 4:23,

5:11, 5:24, 6:4, 7:8,

7:11, 7:16, 33:3

flipping [1] - 15:9

FLORIDA [2] - 1:1,

52:2

Florida [29] - 1:16,

1:22, 2:5, 9:9, 9:10,

9:20, 10:22, 11:1,

17:21, 18:13, 18:21,

19:14, 20:3, 21:9,

21:25, 24:18, 25:8,

26:8, 41:5, 44:2,

48:7, 48:8, 48:11,

48:18, 48:19, 48:25,

52:14

following [4] - 1:19,

3:1, 9:13, 37:11

follows [1] - 38:16

FOR [2] - 2:1, 2:8

forcing [1] - 21:3

foreclosure [1] - 6:12

foregoing [2] - 52:9

foreign [1] - 43:14

Form [1] - 15:14

form [8] - 17:14,

17:15, 18:22, 21:8,

24:2, 24:14, 26:16,

42:15

forms [1] - 17:21

Fort [1] - 2:5

foundation [3] -

24:17, 25:9, 26:7

four [3] - 8:7, 27:24,

44:12

framework [1] - 4:25

frankly [3] - 6:10,

27:1, 27:7

fraud [2] - 48:7, 48:18

fraudulent [1] - 36:1

front [1] - 47:2

full [3] - 40:19, 43:21,

43:22

Funds [1] - 16:13

G

general [1] - 17:21

ghost [2] - 3:14, 50:25

given [2] - 30:10,

35:25

Google [1] - 29:4

grant [2] - 10:9, 50:21

Griffis [1] - 26:4

groundwork [1] -

36:15

guess [4] - 9:6, 12:22,

28:22, 32:10

guy [1] - 4:14

guys [3] - 8:24, 16:16,

44:8

H

half [1] - 9:3

hand [6] - 17:6, 17:15,

30:7, 30:13, 38:10,

38:11

handed [1] - 17:21

hands [1] - 42:6

handwritten [1] - 9:17

Hansen [1] - 1:21

hard [2] - 49:20, 50:7

hear [2] - 3:3, 43:18

heard [2] - 1:19, 51:1

hearing [7] - 13:15,

16:15, 31:7, 31:14,

31:21, 31:24, 38:3

hearings [2] - 27:13,

27:15

hearsay [5] - 23:24,

24:11, 26:14

Heintz [1] - 34:2

held [1] - 16:20

hereby [1] - 52:7

HIGHLANDS [2] - 1:1,

52:3

Highlands [2] - 1:15,

52:14

himself [1] - 5:17

hired [1] - 33:25

hold [6] - 15:1, 19:11,

20:1, 21:18, 30:6

Hollow [1] - 6:18

honest [1] - 48:23

Honor [11] - 3:4, 3:20,

4:3, 5:9, 5:12, 23:12,

31:17, 32:18, 38:5,

38:22, 45:23

Honorable [1] - 1:17

Hospital [1] - 12:12

hour [1] - 32:1

hundred [1] - 46:7

hurry [1] - 23:4

hypertechnical [2] -

12:8, 12:10

I

idea [3] - 10:23, 20:25,

36:10

identify [2] - 23:25,

43:20

identity [1] - 29:1

III [1] - 26:4

implied [3] - 48:4,

48:6, 48:17

implying [1] - 48:3

IN [1] - 1:1

inactive [1] - 43:14

inapplicable [2] -

10:18, 20:7

inch [2] - 45:7, 46:24

include [2] - 9:21,

34:20

included [1] - 10:21

including [1] - 34:12

inclusions [1] - 10:11

inclusive [1] - 52:10

incorrect [1] - 41:19

incurred [1] - 35:15

indebitatus [1] - 48:5

indicated [1] - 18:8

indicating [1] - 13:8

indirectly [1] - 34:14

inference [1] - 24:8

information [4] -

24:12, 24:24, 36:5,

46:2

initial [6] - 5:4, 8:3,

9:7, 23:22, 32:18,

47:6

inside [1] - 45:12

interest [1] - 43:19

Internet [1] - 6:10

introduce [1] - 27:10

involved [2] - 7:19,

33:24

irregardless [1] -

45:19

irrelevant [1] - 24:12

issue [9] - 12:4, 13:19,

14:5, 14:19, 14:21,

17:6, 22:23, 38:19,

47:18

issues [3] - 42:4,

45:24, 47:13

items [1] - 28:24

itself [1] - 49:13

J

Jaacove [1] - 26:5

James [21] - 9:9,

11:11, 27:19, 29:3,

29:4, 29:7, 29:8,

29:14, 29:15, 29:19,

29:21, 29:22, 29:23,

33:10, 33:15, 40:20,

40:21, 43:20, 43:21,

43:22

JAMES [3] - 1:7, 2:9,

38:13

Jenkins [1] - 34:2

Jose [1] - 10:7

JR [1] - 38:13

Jr [8] - 9:9, 27:20,

29:7, 29:8, 29:15,

29:22, 29:23, 43:22

Judge [32] - 1:17, 4:1,

6:8, 6:10, 6:24, 7:14,

10:17, 11:5, 11:14,

12:9, 12:23, 13:3,

13:17, 15:25, 16:9,

17:25, 18:6, 19:8,

19:16, 26:3, 26:22,

28:5, 29:24, 32:2,

32:7, 35:10, 36:14,

41:22, 47:12, 49:6,

50:24, 51:7

judge [5] - 8:11, 12:4,

16:18, 28:18, 50:13

judgment [8] - 9:18,

9:20, 9:22, 10:5,

10:23, 10:25

judicial [1] - 19:3

Judicial [1] - 6:23

jumbo [2] - 45:9, 47:1

juncture [2] - 27:5,

27:7

jurisdiction [2] - 33:9,

43:18

jurisdictional [3] - 4:4,

4:6, 12:24

Jurisprudence [2] -

18:21, 24:3

justified [1] - 27:11

K

Karen [1] - 44:24

keep [3] - 22:9, 22:16,

45:13

Kenneth [1] - 11:10

kept [1] - 24:19

kind [4] - 11:3, 39:18,

39:21, 39:24

kinds [2] - 42:4, 46:16

4

knowledge [9] -

23:19, 24:4, 24:8,

24:10, 24:23, 24:25,

25:3, 25:10, 25:25

known [1] - 24:7

knows [2] - 42:2,

46:14

L

laid [3] - 24:17, 25:9,

26:8

last [1] - 13:7

Lauderdale [1] - 2:5

law [14] - 5:10, 6:13,

6:16, 7:1, 7:2, 7:9,

7:12, 10:12, 12:9,

33:19, 34:20, 34:23,

47:20, 47:23

Law [1] - 5:23

lawsuit [1] - 49:21

lawyers [4] - 33:12,

33:14, 33:17, 33:18

least [2] - 28:14, 35:21

leave [9] - 3:11, 3:15,

5:5, 16:5, 17:18,

28:19, 32:16, 32:24,

46:5

leeway [1] - 14:16

left [3] - 16:12, 28:18,

28:24

legal [8] - 8:8, 9:21,

9:22, 9:23, 9:25,

24:11, 43:13, 43:21

legally [1] - 10:2

Lemon [1] - 1:22

letter [1] - 45:6

letters [1] - 34:25

letting [1] - 49:25

Levy [1] - 26:3

liable [2] - 22:22,

33:11

lien [3] - 9:19, 9:21,

10:25

life [1] - 41:4

line [1] - 44:5

lines [1] - 45:10

listed [2] - 49:10,

50:10

listen [1] - 22:7

lists [1] - 15:14

literally [1] - 46:24

litigation [1] - 35:4

live [3] - 39:9, 39:10,

39:11

lived [3] - 39:7, 41:2,

41:5

lives [3] - 29:5, 29:6,

41:8

location [1] - 9:14

look [10] - 8:6, 13:14,

15:7, 17:16, 22:7,

22:8, 25:24, 45:12,

47:1

looked [1] - 29:18

looking [4] - 11:9,

11:25, 31:11, 44:13

looks [3] - 12:21,

13:17, 17:2

loss [2] - 27:16, 28:12

lumps [1] - 50:2

M

M&I [1] - 26:5

mad [1] - 49:12

maintain [1] - 43:16

maintenance [1] -

25:4

manila [1] - 45:12

manner [1] - 23:17

March [1] - 23:20

married [1] - 41:12

matter [6] - 6:13,

10:19, 14:13, 14:14,

43:18, 46:9

matters [2] - 24:21,

24:23

Mayfield [5] - 23:1,

23:8, 23:10, 25:2,

25:5

Mazine [1] - 26:4

mean [8] - 19:16, 28:7,

36:11, 36:13, 37:8,

45:17, 46:24, 49:12

means [1] - 42:11

mentions [1] - 43:25

mere [1] - 49:12

met [1] - 25:2

method [1] - 23:17

middle [1] - 40:23

might [1] - 49:19

militate [1] - 42:3

mind [3] - 30:22,

37:24, 50:17

minutes [1] - 44:9

misleading [1] - 33:17

misreading [1] - 6:13

misrepresented [1] -

6:16

Mitchell [2] - 25:15,

25:17

moment [2] - 4:11,

41:1

money [4] - 16:20,

18:8, 20:19

monies [2] - 18:3,

49:17

months [1] - 23:21

moot [2] - 27:7, 37:7

Moshe [1] - 26:4

most [1] - 3:22

Motil [41] - 3:5, 3:6,

3:7, 3:8, 4:8, 6:8,

7:16, 7:23, 9:9, 11:2,

11:11, 13:21, 15:10,

18:16, 23:13, 27:1,

27:9, 27:20, 29:3,

29:4, 29:7, 29:8,

29:15, 29:20, 29:21,

29:22, 29:23, 30:4,

32:25, 33:15, 38:25,

40:20, 40:21, 42:8,

42:10, 43:21, 43:22,

47:13, 49:15

MOTIL [100] - 1:7, 2:9,

3:7, 4:10, 4:15, 4:18,

4:21, 4:23, 5:5, 5:15,

5:22, 6:3, 8:2, 8:22,

8:25, 9:3, 9:8, 11:14,

11:21, 13:23, 14:2,

14:6, 14:8, 14:15,

14:22, 15:1, 15:4,

15:11, 15:24, 16:8,

16:22, 17:7, 17:12,

18:19, 19:1, 19:14,

19:24, 20:3, 20:10,

20:15, 20:18, 20:22,

21:6, 21:12, 21:24,

22:5, 22:10, 22:18,

22:24, 23:2, 23:15,

25:18, 25:22, 26:2,

26:12, 26:18, 27:18,

27:22, 28:4, 28:17,

29:3, 29:13, 29:17,

30:8, 30:15, 30:19,

30:24, 31:1, 31:9,

33:2, 33:22, 34:5,

34:8, 34:11, 34:16,

34:19, 35:8, 36:22,

37:1, 37:5, 37:25,

38:9, 38:13, 38:17,

42:12, 42:18, 42:21,

43:2, 43:8, 43:11,

44:6, 44:12, 44:16,

45:5, 46:22, 47:5,

48:1, 48:13, 48:17,

50:19

Motil's [2] - 6:14,

50:16

motion [80] - 3:9,

3:10, 3:11, 3:13,

3:14, 3:15, 3:16,

3:18, 4:8, 7:25, 8:10,

8:12, 8:13, 8:15,

8:17, 8:21, 8:22, 9:6,

10:15, 10:18, 11:7,

11:20, 12:19, 12:21,

12:22, 12:24, 15:18,

16:5, 16:6, 22:24,

22:25, 23:7, 23:8,

25:24, 27:6, 27:15,

27:22, 28:1, 28:2,

28:6, 28:16, 28:17,

28:19, 28:25, 30:25,

31:7, 31:9, 31:10,

31:15, 31:19, 32:6,

32:8, 32:10, 32:12,

32:15, 32:16, 32:21,

32:22, 32:24, 35:23,

36:23, 37:14, 37:25,

38:7, 38:20, 41:24,

43:5, 46:5, 48:21,

49:11, 50:9, 50:13,

50:23, 50:24

motions [8] - 3:9,

3:23, 4:4, 4:6, 7:23,

31:19, 43:10, 49:4

move [7] - 9:11, 10:8,

12:20, 22:4, 22:22,

27:3, 31:2

moves [1] - 19:9

MR [148] - 3:4, 3:7,

3:20, 4:1, 4:3, 4:10,

4:15, 4:18, 4:21,

4:23, 5:5, 5:9, 5:12,

5:15, 5:22, 6:3, 6:8,

8:2, 8:11, 8:17, 8:22,

8:25, 9:1, 9:3, 9:8,

10:17, 11:14, 11:21,

12:4, 12:23, 13:3,

13:12, 13:16, 13:23,

14:2, 14:6, 14:8,

14:15, 14:22, 15:1,

15:4, 15:7, 15:11,

15:24, 15:25, 16:8,

16:9, 16:12, 16:18,

16:22, 17:7, 17:12,

17:25, 18:5, 18:19,

19:1, 19:8, 19:14,

19:16, 19:24, 19:25,

20:3, 20:4, 20:10,

20:15, 20:17, 20:18,

20:22, 21:6, 21:12,

21:24, 22:5, 22:10,

22:18, 22:24, 23:2,

23:11, 23:15, 25:18,

25:22, 26:2, 26:12,

26:18, 26:22, 27:18,

27:22, 28:4, 28:5,

28:17, 28:18, 29:3,

29:13, 29:17, 29:24,

30:3, 30:8, 30:15,

30:19, 30:24, 31:1,

31:9, 31:16, 32:2,

32:7, 32:16, 33:2,

33:22, 34:5, 34:8,

34:11, 34:16, 34:19,

35:8, 35:10, 36:14,

36:22, 37:1, 37:5,

37:25, 38:9, 38:17,

38:22, 38:24, 41:22,

42:12, 42:18, 42:21,

43:2, 43:8, 43:11,

44:6, 44:12, 44:16,

45:5, 45:23, 46:22,

47:5, 47:12, 48:1,

48:13, 48:17, 49:6,

50:13, 50:19, 50:23,

51:5, 51:7, 51:9

multiple [2] - 39:10,

39:11

mumbo [2] - 45:9,

47:1

mumbo-jumbo [2] -

45:9, 47:1

must [5] - 9:21, 24:17,

26:7, 44:22, 44:25

N

N.A [1] - 1:4

name [12] - 3:6, 8:8,

9:21, 9:22, 9:24,

9:25, 29:4, 29:10,

40:19, 40:23, 43:21,

43:22

Nateman [1] - 12:12

nature [1] - 43:13

near [1] - 24:21

necessary [1] - 51:2

need [5] - 14:17, 22:4,

31:18, 49:25, 50:12

needs [1] - 9:19

negative [1] - 42:13

never [2] - 13:4, 41:5

new [2] - 5:6, 6:9

next [5] - 22:23, 28:16,

38:3, 48:14, 50:22

NO [1] - 1:3

non [5] - 3:13, 13:1,

14:3, 18:12, 32:21

non-resident [5] -

3:13, 13:1, 14:3,

18:12, 32:21

noncompliance [1] -

13:6

none [2] - 25:1, 26:13

nonprofit [1] - 43:15

noted [1] - 25:2

notes [2] - 44:7, 52:11

nothing [5] - 11:17,

45:14, 46:25, 47:8,

48:9

notice [25] - 5:15,

5:19, 5:25, 6:21, 7:4,

7:15, 13:1, 13:4,

13:6, 14:2, 14:9,

5

15:3, 15:4, 15:15,

15:16, 16:15, 16:24,

18:8, 18:12, 30:10,

31:18, 31:21, 33:15,

37:22

Notwithstanding [1] -

35:22

notwithstanding [2] -

7:14, 47:21

November [8] - 1:13,

13:12, 13:14, 13:17,

15:6, 18:16, 28:22,

32:9

nullity [1] - 4:7

Number [2] - 44:21,

44:25

number [3] - 9:24,

36:3, 39:19

numbered [1] - 52:10

O

o'clock [1] - 38:5

object [8] - 30:9,

30:20, 30:22, 30:24,

31:3, 31:5, 31:6,

50:21

objecting [2] - 5:7,

30:16

objection [7] - 4:10,

5:14, 7:22, 19:7,

20:24, 23:14, 25:23

objections [1] - 32:21

observation [2] - 6:24,

26:22

obtained [1] - 47:18

obviously [4] - 4:5,

37:9, 40:16, 42:6

October [1] - 13:7

OF [5] - 1:1, 1:10,

52:1, 52:2, 52:3

offhand [1] - 41:11

Office [1] - 5:23

office [1] - 17:18

officer [3] - 23:16,

26:1, 28:10

official [1] - 17:14

Ohio [4] - 41:1, 41:2,

41:3, 41:10

once [2] - 22:4, 22:15

One [14] - 25:14,

27:20, 30:5, 33:2,

33:5, 33:25, 34:8,

34:9, 39:13, 40:4,

40:6, 40:9, 44:21,

49:13

ONE [1] - 1:4

one [27] - 5:3, 6:15,

7:18, 8:20, 9:3, 12:2,

12:25, 15:13, 18:24,

27:23, 28:3, 28:21,

29:5, 29:6, 33:22,

33:23, 35:11, 45:7,

45:15, 46:23, 46:24,

47:7, 47:20, 50:8,

50:11

one-inch [2] - 45:7,

46:24

one-page [2] - 27:23,

45:15

open [1] - 39:13

opportunity [2] -

24:13, 27:1

opposed [1] - 19:20

oral [9] - 43:24, 48:4,

48:6, 48:10, 48:15,

48:17, 48:24, 49:1

order [4] - 16:19, 17:5,

18:20, 51:4

ore [1] - 41:24

original [9] - 8:5, 9:19,

9:20, 11:25, 13:4,

29:19, 34:9, 45:6,

45:14

originally [1] - 34:23

out-of-state [1] -

14:12

overrule [1] - 7:22

overruled [2] - 20:25,

21:16

owed [2] - 34:16,

34:17

owes [1] - 27:20

own [2] - 20:22, 41:16

P

p.m [1] - 11:11

package [1] - 32:18

Page [2] - 24:10,

24:15

page [2] - 27:23, 45:15

pages [5] - 9:4, 45:8,

45:10, 46:7, 52:10

paid [3] - 20:15, 20:16,

20:17

paper [2] - 45:8, 46:23

paperwork [3] - 5:4,

5:16, 37:12

Paragraph [4] - 9:11,

24:18, 25:8, 34:17

parched [1] - 23:3

part [2] - 35:16, 35:23

particular [6] - 4:25,

5:22, 6:15, 6:19,

11:4, 19:21

particularly [1] - 42:4

parties [1] - 7:9

partners [1] - 7:8

party [23] - 3:11, 3:16,

21:23, 28:20, 28:23,

32:8, 32:11, 32:13,

32:17, 32:23, 32:25,

33:1, 33:18, 33:21,

35:6, 35:11, 36:11,

36:17, 36:21, 42:2,

43:19, 49:6, 49:7

Pasco [1] - 6:18

pass [1] - 17:17

past [1] - 4:5

pending [2] - 26:24,

27:5

people [4] - 31:23,

39:10, 39:11, 40:22

period [2] - 16:17,

44:9

permitted [1] - 27:15

person [12] - 7:5, 9:15,

10:3, 23:19, 24:4,

24:10, 24:22, 24:25,

29:12, 31:5, 31:11,

37:18

personal [7] - 23:19,

24:8, 24:10, 24:22,

25:3, 25:10, 25:25

personally [3] - 20:19,

22:22, 29:18

pertinent [1] - 41:21

phone [4] - 4:14, 4:17,

4:22, 5:8

photocopied [1] -

45:11

pieces [1] - 46:23

Pincus [1] - 5:23

PLACE [1] - 1:15

place [1] - 1:19

PLAINTIFF [1] - 2:1

plaintiff [3] - 5:23,

43:20, 43:23

Plaintiff [14] - 1:5,

3:25, 10:3, 10:9,

14:8, 25:5, 33:10,

33:13, 35:21, 38:14,

43:12, 43:15, 44:22,

45:3

plaintiff's [1] - 43:19

Plaintiff's [7] - 3:12,

13:1, 16:4, 29:1,

42:6, 43:18, 44:1

plead [7] - 39:15,

39:20, 39:23, 40:3,

40:5, 41:17, 42:9

pleading [1] - 42:17

pleadings [5] - 3:14,

6:17, 7:18, 41:25,

50:24

pleads [3] - 39:17,

42:2, 43:11

pled [1] - 43:15

point [12] - 8:2, 14:15,

20:10, 21:25, 27:22,

28:15, 37:5, 37:7,

41:22, 45:5, 48:20

pointed [2] - 7:7,

11:22

position [3] - 6:14,

19:17, 19:19

positive [1] - 42:13

post [1] - 13:1

potentially [1] - 42:14

preliminary [1] - 46:10

premature [2] - 27:7,

48:21

preparation [1] - 25:4

prepare [2] - 30:10,

51:3

prepared [2] - 20:23,

30:9

present [1] - 3:8

presumed [2] - 24:5,

24:9

pretty [2] - 3:20, 50:7

principal [8] - 15:12,

15:15, 16:22, 18:20,

18:24, 19:4, 21:13

principles [1] - 47:20

printed [1] - 12:1

privacy [3] - 45:24,

50:16, 50:18

pro [1] - 6:9

PRO [1] - 2:9

problem [3] - 30:19,

31:22, 45:23

problems [1] - 49:19

Procedure [4] - 9:10,

17:22, 44:2, 46:12

procedures [1] - 37:11

proceed [1] - 38:6

proceeding [2] - 27:2,

27:6

PROCEEDINGS [1] -

1:10

proceedings [7] -

1:20, 3:1, 19:3,

26:25, 31:17, 51:11,

52:9

process [7] - 8:18,

9:12, 10:6, 10:9,

11:7, 11:9, 23:20

profit [1] - 43:14

pronounce [1] - 3:6

proof [2] - 27:19,

27:24

proper [5] - 15:21,

33:10, 33:15, 37:11,

37:22

properly [3] - 24:12,

37:9, 37:11

proposed [1] - 32:12

propounded [1] -

38:15

protect [1] - 50:16

protecting [1] - 50:18

prove [5] - 37:3, 37:6,

37:17, 45:18, 47:10

proven [1] - 37:2

provide [4] - 33:14,

44:23, 45:3, 45:4

proving [1] - 26:18

public [1] - 41:18

pulled [1] - 18:6

purported [1] - 15:11

purpose [1] - 46:4

purposes [2] - 31:16,

51:2

pursuant [5] - 9:9,

9:19, 11:6, 18:13,

25:7

put [8] - 8:20, 18:3,

20:18, 20:19, 20:21,

20:22, 21:2, 25:14

putting [2] - 17:12,

21:22

Q

Quail [1] - 6:18

qualify [1] - 22:21

quash [8] - 3:9, 8:12,

8:15, 8:17, 8:22,

9:12, 10:8, 12:21

quashing [1] - 12:11

questioning [1] - 17:9

questions [4] - 14:18,

38:15, 41:23, 43:6

quite [5] - 6:9, 6:24,

26:5, 27:1, 45:16

R

raise [4] - 30:6, 30:13,

38:10

RANKINE [2] - 52:7,

52:22

Rankine [1] - 1:21

rather [1] - 24:5

read [5] - 8:19, 34:1,

44:4, 44:5, 47:8

reading [1] - 11:13

readopt [1] - 7:17

real [4] - 41:16, 41:18,

43:19, 49:20

really [9] - 4:6, 12:19,

27:6, 27:13, 27:16,

28:12, 28:13, 37:21,

48:23

6

reason [6] - 18:2,

21:21, 22:5, 22:21,

37:14, 37:21

reasoning [1] - 6:20

reasons [1] - 9:13

receipt [1] - 18:7

receive [1] - 14:9

received [4] - 12:5,

12:7, 13:4, 13:8

record [24] - 4:12,

4:13, 4:16, 4:20,

4:24, 5:1, 5:6, 6:4,

6:5, 7:6, 7:17, 9:16,

9:23, 24:1, 24:16,

24:20, 24:22, 24:24,

25:2, 26:7, 26:13,

31:16, 32:3, 33:3

records [9] - 3:17,

3:18, 9:25, 23:18,

24:19, 26:10, 35:24,

41:18, 50:14

redact [1] - 46:1

reference [2] - 21:24,

40:22

referenced [2] - 8:6,

45:17

referred [1] - 6:17

referring [6] - 20:5,

26:9, 29:9, 29:17,

35:25

reflects [1] - 32:3

regarding [2] - 10:22,

25:15

regards [4] - 14:20,

31:12, 38:19, 43:5

registered [1] - 9:23

registry [3] - 16:13,

18:11, 18:17

regularly [2] - 24:19,

34:13

relative [3] - 36:5,

42:3, 46:12

relief [1] - 10:13

repealed [1] - 34:21

replace [1] - 7:3

reply [5] - 13:3, 13:8,

16:6, 17:4, 18:1

report [1] - 52:8

reported [4] - 1:20,

18:19, 24:21, 24:23

reportedly [1] - 13:5

REPORTER [2] - 52:1,

52:22

Reporter [2] - 1:21,

52:7

Reporting [1] - 1:21

represent [2] - 7:9,

52:10

representation [1] -

12:6

representations [1] -

7:10

representing [2] -

49:13, 49:22

represents [1] - 6:9

request [2] - 23:23,

36:16

requested [1] - 45:6

require [1] - 45:3

requirement [1] -

19:13

requirements [1] -

25:1

reserve [1] - 50:9

reside [2] - 38:25,

40:25

resided [1] - 39:6

resident [5] - 3:13,

13:1, 14:3, 18:12,

32:21

resolved [1] - 42:9

respect [2] - 31:18,

35:18

respond [4] - 10:16,

15:19, 19:6, 26:20

response [5] - 13:23,

16:4, 17:23, 35:9,

45:22

responsibility [1] -

19:20

responsible [9] -

16:19, 16:20, 19:12,

19:23, 20:2, 20:7,

21:19, 35:14, 35:16

rest [2] - 4:6, 45:9

result [6] - 7:12,

35:14, 36:6, 45:25,

46:3, 47:12

return [4] - 11:2, 11:4,

11:6, 12:15

rid [1] - 14:5

rights [3] - 36:7,

50:16, 50:18

Ritenour [1] - 1:17

road [1] - 22:17

Road [1] - 2:4

Ron [1] - 44:22

Rule [3] - 9:10, 10:17,

10:20

rule [1] - 22:15

Rules [6] - 6:22, 9:10,

10:20, 17:21, 44:2,

46:11

rules [1] - 27:16

ruling [3] - 22:4, 22:8,

22:16

run [1] - 14:18

ruse [1] - 47:17

Rutledge [1] - 11:10

S

sanctions [2] - 3:16,

49:17

satisfy [1] - 7:15

saw [1] - 29:19

se [1] - 6:9

SE [1] - 2:9

seal [1] - 3:18

sealed [1] - 50:16

search [1] - 6:10

Sebring [3] - 1:16,

1:22, 52:14

second [2] - 33:23,

44:4

Second [1] - 6:19

secret [1] - 45:13

section [2] - 11:5,

24:17

Section [2] - 25:7,

26:8

security [1] - 39:19

see [20] - 8:16, 9:2,

10:6, 12:3, 12:25,

13:20, 15:5, 15:8,

16:4, 16:24, 17:3,

18:1, 18:2, 27:8,

28:24, 29:1, 32:20,

33:9, 44:15, 50:3

seeing [2] - 11:12,

11:24

seek [2] - 31:21, 36:17

seem [1] - 3:23

sending [1] - 34:25

sent [6] - 13:6, 13:13,

13:16, 32:18, 45:6,

45:7

sentences [1] - 30:21

September [4] - 8:1,

13:5, 32:9, 32:17

serve [2] - 10:4, 10:10

served [5] - 11:6,

11:11, 11:18, 12:16,

12:17

server [1] - 11:8

Service [1] - 1:21

service [11] - 8:12,

8:16, 8:17, 9:12,

10:6, 10:8, 11:2,

11:10, 11:25, 12:15,

12:21

Services [1] - 44:24

serving [1] - 9:15

set [4] - 31:6, 31:14,

32:13, 36:4

settled [1] - 10:5

shall [1] - 22:1

shape [3] - 24:2,

26:15, 42:15

sheet [1] - 46:23

shield [1] - 37:20

short [2] - 23:5, 31:21

show [8] - 7:5, 15:24,

18:17, 26:23, 36:19,

49:8, 49:9, 50:10

showing [1] - 18:3

shown [4] - 9:24, 21:4,

24:6, 46:22

shows [1] - 12:2

sign [1] - 47:23

signature [1] - 44:23

signed [5] - 5:4, 7:16,

29:20, 44:25, 47:15

similar [1] - 29:10

simple [1] - 31:8

simply [2] - 19:11,

49:22

sit [1] - 37:18

slew [2] - 3:9, 50:15

small [4] - 10:19, 23:2,

31:17, 46:9

Small [1] - 10:20

snowballing [1] -

37:12

so-called [1] - 27:19

social [1] - 39:19

someone [2] - 9:14,

29:9

somewhere [2] -

25:13, 41:1

soon [1] - 13:18

sophisticated [1] -

46:17

sorry [1] - 20:17

sound [1] - 3:18

sounds [3] - 3:20,

21:21, 23:23

South [2] - 1:15, 38:25

specific [5] - 11:5,

20:5, 21:8, 25:4,

36:4

specifically [1] - 20:6

squarely [1] - 6:14

squash [1] - 9:6

squiggly [1] - 45:10

stack [2] - 45:8, 46:24

standing [1] - 43:19

Stanley [3] - 5:9, 5:10,

26:3

STANLEY [1] - 2:3

start [4] - 4:9, 31:24,

38:4, 43:8

started [3] - 3:22, 8:4,

36:8

STATE [1] - 52:2

State [2] - 9:25, 48:25

state [4] - 9:14, 14:12,

46:10, 47:6

statement [16] - 8:4,

10:1, 10:10, 14:10,

21:18, 23:12, 35:19,

36:2, 36:20, 44:15,

44:16, 46:12, 46:13,

46:20, 47:6, 48:3

statements [3] -

33:17, 45:9, 46:8

states [6] - 18:22,

18:23, 19:1, 21:12,

26:5, 46:25

stating [1] - 43:23

statute [5] - 11:8,

19:18, 19:21, 20:1,

20:5

Statute [10] - 9:20,

10:22, 11:1, 18:13,

19:14, 21:25, 48:8,

48:19

statutes [2] - 48:7,

48:18

Statutes [4] - 9:11,

24:18, 25:8, 26:8

statutory [1] - 19:13

stenographic [1] -

52:11

Stephen [1] - 5:22

stickies [2] - 16:2,

16:3

sticky [2] - 8:20, 18:3

still [8] - 11:16, 15:19,

16:25, 19:5, 36:23,

36:25, 37:1, 47:7

stop [1] - 44:3

stricken [1] - 24:12

strictly [1] - 7:10

strike [16] - 3:10, 3:13,

3:15, 8:21, 22:24,

22:25, 23:8, 27:4,

27:17, 27:18, 28:1,

28:6, 28:13, 32:22,

41:25, 50:24

striking [1] - 28:8

stuff [3] - 16:3, 16:16,

45:3

subject [2] - 41:23,

43:17

submitted [1] - 47:5

subsequent [1] - 27:2

substance [2] - 24:14,

36:9

substitute [1] - 6:21

substitution [5] -

5:25, 6:5, 6:6, 6:20,

7:2

sue [1] - 33:22

sued [5] - 5:17, 5:18,

5:20, 5:21, 6:12

sufficient [4] - 18:23,

22:20, 46:10

7

sufficiently [1] - 33:16

suggesting [2] -

35:13, 36:4

suing [2] - 29:22,

29:23

suit [3] - 36:21, 43:12,

43:16

Suite [1] - 2:4

summarize [1] - 44:11

summary [3] - 31:19,

44:8, 44:10

summons [10] - 9:15,

9:17, 10:2, 10:14,

12:5, 12:7, 12:10,

12:11, 12:16, 29:19

Sun [1] - 10:7

supplied [4] - 24:24,

26:13, 36:5

supply [1] - 45:20

supposed [4] - 17:16,

31:24, 34:23, 38:4

Supreme [2] - 17:14,

21:9

sureties [1] - 22:1

surety [11] - 15:13,

15:14, 16:23, 18:20,

18:24, 18:25, 19:2,

19:4, 19:22, 21:10,

21:14

SUSAN [2] - 52:7,

52:22

Susan [1] - 1:21

sustain [1] - 12:11

swear [2] - 30:15,

30:23

sword [1] - 37:20

sworn [8] - 30:8, 30:9,

30:13, 30:18, 30:19,

32:5, 38:8, 38:14

T

TAKEN [1] - 1:13

Tarnetta [3] - 23:1,

23:8, 23:10

technicalities [3] -

11:18, 11:22, 20:11

technicality [1] -

11:16

Telephone [1] - 2:2

ten [3] - 38:5, 39:7,

45:8

tenus [1] - 41:24

terms [1] - 36:3

testified [1] - 38:16

testify [2] - 37:17,

37:22

testimonial [1] - 31:14

testimony [1] - 31:12

THE [139] - 1:1, 2:1,

2:8, 3:3, 3:5, 3:8,

3:21, 4:2, 4:8, 4:13,

4:17, 4:19, 4:22, 5:2,

5:7, 5:10, 5:13, 5:20,

6:1, 6:6, 7:21, 8:9,

8:15, 8:19, 8:23, 9:2,

9:5, 10:14, 11:9,

11:19, 11:23, 12:18,

12:25, 13:10, 13:14,

13:18, 13:25, 14:4,

14:7, 14:13, 14:17,

14:24, 15:2, 15:5,

15:9, 15:18, 16:1,

16:11, 16:15, 16:24,

17:8, 17:17, 18:1,

18:9, 18:25, 19:6,

20:8, 20:12, 20:20,

20:24, 21:10, 21:15,

22:3, 22:7, 22:11,

22:19, 22:25, 23:4,

23:6, 23:13, 25:17,

25:20, 25:23, 26:9,

26:17, 26:20, 27:8,

27:21, 28:1, 28:6,

28:25, 29:11, 29:16,

30:1, 30:6, 30:12,

30:17, 30:21, 30:25,

31:2, 31:10, 31:22,

32:4, 32:14, 32:20,

33:4, 34:3, 34:7,

34:9, 34:15, 34:18,

35:5, 35:9, 36:8,

36:25, 37:3, 37:16,

38:3, 38:5, 38:6,

38:10, 38:18, 39:5,

39:11, 39:17, 42:8,

42:16, 42:19, 42:22,

43:4, 43:9, 44:3,

44:8, 44:15, 45:2,

45:22, 46:21, 47:3,

47:25, 48:10, 48:14,

48:20, 49:7, 50:17,

50:20, 51:3, 51:6,

51:8, 51:10

themselves [1] - 5:18

therefore [3] - 7:11,

31:20, 46:2

THEREUPON [2] -

3:1, 51:11

they've [1] - 27:23

thick [2] - 45:8, 46:24

thinking [1] - 44:10

third [21] - 3:11, 3:16,

28:20, 28:23, 32:8,

32:11, 32:13, 32:17,

32:23, 32:25, 33:1,

33:18, 33:21, 35:6,

35:11, 36:11, 36:17,

36:21, 49:6, 49:7

Third [1] - 24:3

third-amended [1] -

36:11

third-party [18] - 3:11,

3:16, 28:20, 28:23,

32:8, 32:11, 32:13,

32:17, 32:25, 33:18,

33:21, 35:6, 35:11,

36:11, 36:17, 36:21,

49:6, 49:7

three [3] - 28:24, 29:5,

30:21

threw [1] - 21:7

Thurston [2] - 25:15,

25:17

tie [1] - 49:20

tied [2] - 36:20, 42:7

Tifft [1] - 44:24

TIME [1] - 1:14

today [5] - 11:11,

17:19, 42:20, 51:1,

51:4

together [1] - 25:14

tons [1] - 20:23

tortious [1] - 35:21

traditional [1] - 34:24

TRANSCRIPT [1] -

1:10

transcription [1] -

52:11

trial [7] - 27:9, 27:10,

27:12, 28:14, 31:7,

37:4, 42:23

true [1] - 52:10

Trust [1] - 10:7

try [5] - 10:14, 23:9,

49:20, 49:21, 50:5

trying [10] - 22:13,

23:9, 25:24, 27:9,

27:17, 27:18, 28:13,

36:3, 36:15, 45:13

two [4] - 12:1, 44:20,

48:7, 48:18

type [1] - 31:18

types [1] - 49:1

U

under [11] - 6:22,

10:20, 19:20, 20:3,

24:3, 24:19, 27:16,

33:25, 36:18, 47:20,

47:22

underlying [2] - 35:14,

36:20

unemployed [2] -

40:1, 40:2

unjust [1] - 48:6

unless [1] - 20:4

unnamed [1] - 23:19

unrefuted [1] - 8:4

unverified [1] - 14:10

up [7] - 15:7, 17:17,

18:6, 19:12, 21:22,

23:4, 49:21

USA [1] - 1:4

uses [1] - 28:10

V

vague [6] - 29:1, 29:2,

43:20, 43:23, 49:11,

50:11

valid [3] - 19:5, 45:20,

49:14

validate [1] - 33:16

variety [1] - 46:5

venue [1] - 33:10

verbiage [1] - 46:16

verification [2] -

23:23, 45:7

verified [1] - 35:25

verify [1] - 34:5

versus [5] - 6:18,

12:12, 34:2, 44:21,

44:24

Via [1] - 2:2

Vidal [1] - 10:7

violated [1] - 36:7

violation [1] - 44:2

violations [1] - 33:23

void [1] - 10:6

voir [5] - 29:24, 31:4,

37:23, 38:19, 41:23

VOIR [2] - 30:2, 38:23

vs [2] - 1:6, 26:5

W

waiting [1] - 31:24

wants [1] - 46:19

Warner [1] - 10:7

water [1] - 23:3

ways [1] - 37:19

web [1] - 18:6

week [1] - 13:7

Weston [1] - 2:4

whatsoever [1] -

31:19

wherefore [1] - 10:8

WHEREUPON [1] -

38:12

whitewashing [1] -

37:13

whole [10] - 3:9,

20:25, 21:21, 35:5,

37:5, 37:7, 37:14,

8

45:5, 49:2, 50:15

winning [1] - 21:23

wishes [1] - 27:2

withdraw [1] - 50:25

withdrawing [2] -

11:20, 11:21

witness [2] - 25:25,

38:14

word [2] - 28:10,

28:11

wording [2] - 17:9,

17:11

worry [1] - 25:20

worth [1] - 46:8

writing [2] - 3:14,

50:25

written [4] - 43:24,

47:24, 48:2

Y

years [1] - 39:8

yellow [1] - 45:12

yourself [2] - 42:23,

44:20

Z

zero [1] - 37:1

Documents

Transcript of Hearing 29 Nov 2011 Attorney asks to be Surety for Client