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Michelle Garcia Gilbert, Eg, Laura Layne Waller, Esq, Jenifer Lima Smith, Fg Robert F. Garcia, Jr, Eig. David M. Fernandes, Esq, Any M. Kier, Beg Chrisias Pais, sg Jachn N. Palazzo, Esq, Nicholas Cavallaro, cg. Calle Nolen, Eg. Like Kie, Eg James Aired Catalano, Eig. Amy McGrott, Esq. Asbeigh Lauren Prise, Eig, Kimber Lynn Garno, Eig. Joshua Carts Eber, Fog, Eligabah M. Pophal, Eg Mariel Lange-Sutton, Eg, ‘cla Group, B.A. 2005 Pan Am Circle, Suite 110 Tampa, FL 33607 Telephone: (813) 443-5087 Facsimile: (813) 443-5089 emailservice@gilbertgrouplaw.com CEASE AND DESIST LETTER (A Privileged Communication -Florida Statutes §95.510) September 27755 By Certified Mail Mr. Armando Ramirez JOsceola County Clerk of Court [2 Courthouse Square KKissimmee, Florida 34741 [Dear Armando Ramirez, Osceola County Clerk of Court, You are hereby directed to EASE AND DESIST ALL DEFAMATION OF GILBERT GARCIA ROUP, P.A.’s CHARACTER AND REPUTATION you are aware, Gilbert Garcia Group, P.A. is a law firm specializing in hota servicing and foreclosure litigation that serves clients throughout the [State of Florida, including Osceola County. Gilbert Garcia Group, its attorneys, jand staff are respected in the community. Gilbert Gareia Group has spent years erving the professional community in the areas of default services and foreclosure litigation and has built a positive reputation for same. |The firm has become aware that you have engaged in spreading conclusory, legally unsupported defamatory rumors about Gilbert Garcia Group, P.A. and Jother law firms actively engaged in default servicing and foreclosure litigation, [Florida law recognizes the action of defamation. Under Florida law, it is junlawful to engage in defamation (slander or libel) of another's character and reputation. Defamation consists of: - 1) the defendant published a false statement; |2) about the plaintiff, 3) to a third party; and 4) the falsity of the statement caused injury to the plaintiff. However, a publication is libel per se if it tends to injure one in [his] trade or profession. See Richard v. Gray, 62 So. 2d 597 (Fla. 1953) The perceived defamatory statements involve the December 29, 2014 online publication of a report entitled “Forensic Examination of the Real Property Records and the Circuit Court Records of Osceola County, Florida” (hereinafter “The Report”), which is directly linked to the Osceola Clerk of Court’s website. The Report is riddled with accusations of criminal conduct against lenders and their Jaw firms alleged to have unlawfully or fraudulently filed false documents or records to deprive individuals of real property in violation of Florida Statutes §817.535. Specifically, The Report of which your website serves to host, cites three allegations of potential criminal conduct against Gilbert Garcia Group, P.A. The firm has taken proactive measures to preserve the publication of The Report through web links from the Osceola County Clerk of Court webpage. The Report, itself, contains serious, untrue, and highly defamatory accusations towards Gilbert Garcia Group, P.A., some of which contain malicious falschood. By serving as host for the website that publishes the report, the defamatory comments are published to people throughout the state of Florida, and beyond its borders, posing a serious threat to the professional reputation of Gilbert Garcia Group, P.A., the specifically named individuals working at Gilbert Garcia Group, P.A., as well as those associated with Gilbert Garcia Group, P.A. The Osceola Clerk of Court website is continuing to perpetuate information and statements contained within a The Report which directly questions the reputation of the firm. ‘The firm believes these accusations contain libel per se which highly damages the professional reputation of Gilbert Garcia Group, P.A. in default servicing and foreclosure litigation, and consequently, may divert and impact business from Gilbert Garcia Group, P.A. It appears that due diligence in verifying the truthfulness of the reported claims was not employed before publication and promotion of The Report. Further demonstrating a lack of due diligence, your website continues to support and publish these unfounded accusations online and in the media. In accordance with the pre-action protocol for defamation, we will desist from issuing legal proceedings against you, provided within ten (10) days of the date of receipt of this letter you agree to do the following: © Immediately remove The Report in its entirety from the county webpage including any mention of The Report as well as links to The Report from any external webpages; ‘© Immediately remove the disclaimer on the county webpage notifying viewers of potential mortgage fraud concems which is connected to The Report; ‘© Immediately produce an apology and a declaration that the allegations may contain false and defamatory statements, specifically those against Gilbert Garcia Group, P.A., which upon further investigation are not supported by fact. The apology and declaration to be published on and/or prominently displayed and linked to the front page of Osceola Clerk of Court's website. (such apology is to be approved by Gilbert Garcia Group, P.A., prior to publication); \ If you do not comply with this cease and desist demand within this time period, Gilbert Garcia Group, P.A. will seek damages arising from the persistent publication of the report as a per se libel action. In the event you fail to meet this demand, please be advised that Gilbert Garcia Group, P.A. will pursue ail available legal remedies and seek an order that you pay court costs and attorney's fees. Before taking these steps, however, Gilbert Garcia Group, P.A., is providing this opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days of receipt. Please contact our listed number or email address above for further communication. Sincerely, Michelle Garcia Gilbert, Esquire Managing Partner Enclosures ce: Osceola County Attorney ~ Andrew Mai 1 Courthouse Square Suite 4200 Kissimmee, Florida 34741 Andrew.mai@osceola.org Board of County Commissioners for Osceola County 1 Courthouse Square Suite 4700 Kissimmee, Florida 34741