Transcript of Hearing 29 Nov 2011 Attorney Asks To Be Surety For Client

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IN THE COUNTY COURT OF HIGHLANDS COUNTY, FLORIDA

CLAIMS DIVISION
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CASE NO:
11000301SPS
CAPITAL ONE BANK (USA) N.A.,

Plaintiff,
vs.
MOTIL, JAMES A.,
Defendant.
________________________________
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TRANSCRIPT OF PROCEEDINGS
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DATE TAKEN:
November 29, 2011
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TIME:
9:30 A.M. - 10:37 A.M.
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PLACE:
Highlands County Courthouse

430 South Commerce Avenue
Sebring, Florida 33870
BEFORE:
The Honorable Anthony L. Ritenour

Circuit Judge
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This cause came on to be heard at the time and

place aforesaid, when and where the following
proceedings were reported by:
Susan Rankine, Court Reporter
Hansen Reporting Service
326 Lemon Avenue
Sebring, Florida 33870
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HANSEN REPORTING SERVICE

(863) 382-3310
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APPEARANCES FOR THE PLAINTIFF

(Via Telephone)
STANLEY ERSKINE, ESQUIRE
Erskine & Fleisher
55 Weston Road, Suite 300
Fort Lauderdale, Florida 33326
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APPEARANCES FOR THE DEFENDANT

JAMES A. MOTIL, PRO SE
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(THEREUPON, the following proceedings were

had:)
THE COURT:
MR. ERSKINE:
THE COURT:
Can you hear me?

Yes, Your Honor.
All right.
how you pronounce your name, Motil?
MR. MOTIL:
Motil.
THE COURT:
All right.
Mr. Motil is -- is that
Mr. Motil is present.
We have a whole slew of motions.
A motion to quash,
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motion to strike affidavit, motion to dismiss,
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motion for leave to file third-party claim, motion
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to dismiss for Plaintiff's failure to file
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non-resident bond, motion to strike Defendant's
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pleadings and discovery for ghost writing, motion to
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strike Defendant's motion for leave to file a
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third-party claim and for sanctions, motion to
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determine confidentiality of court records and
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motion to seal records.
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them?
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MR. ERSKINE:
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THE COURT:
Does that sound like all of
Sounds pretty close, Your Honor.

Okay.
So based on that I assume
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that most of these -- this is started by the Defense
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filing motions and so it would seem appropriate for
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him to go first.
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Plaintiff?
Is that your understanding,

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MR. ERSKINE:
THE COURT:
MR. ERSKINE:
That's fine, Judge.

Okay.
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.
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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
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right at the moment for the fact that he is not the
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attorney of record.
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THE COURT:
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Who is not the attorney of record?
The guy on the phone?
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MR. MOTIL:
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attorney of record.
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THE COURT:
Who do you think is on the phone?
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MR. MOTIL:
Erskine.
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THE COURT:
I thought you just said Erskine &
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Mr. Erskine.
Fleisher is the
Isn't that what he said?
Fleisher is the attorney of the record and --
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MR. MOTIL:
No.
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THE COURT:
-- Mr. Erskine is on the phone?
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MR. MOTIL:
No.
Mr. Fleisher is attorney of
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record.
Erskine is another attorney within that
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particular framework, but he's not the attorney of

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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?
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MR. MOTIL:
new attorney for the record.

THE COURT:
MR. ERSKINE:
THE COURT:
Stanley Erskine, Your Honor.

Stanley Erskine of what law firm?
Erskine & Fleisher, right?

MR. ERSKINE:
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THE COURT:
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So you're objecting to -- okay.
Who is on the phone now?
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He didn't ask for leave to become a
That's correct, Your Honor.

Okay.
So I don't understand what
your objection is then.

MR. MOTIL:
He failed to file a notice of
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appearance.
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actually done himself when he's being sued, when
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they themselves are being sued.
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file a notice of appearance when they decide --
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I've got some paperwork that he has
THE COURT:
He's being sued?
They know how to
Who is he being
sued by?
MR. MOTIL:
In this particular case Stephen J.
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Pincus was the plaintiff and the Law Office of
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Erskine & Fleisher was the defendant and they filed
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a notice of appearance of substitution of counsel.

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THE COURT:
What does that have to do with
MR. MOTIL:
He's not the -- Erskine is not the
attorney of record.
record.
this?
Fleisher is the attorney of
They didn't file a substitution of counsel.
THE COURT:
Substitution of -- okay.
want to address that?
MR. ERSKINE:
Sure, Judge.
Do you
Mr. Motil
represents a new class of pro se defendants.
Quite
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frankly, Judge, we did a search on the Internet and
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he's used this -- he's attempted to use this in
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another case where he has been sued in a foreclosure
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matter.
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and it's squarely against Mr. Motil's position.
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And he's misreading the law in this arena
He has alluded to one particular case and he
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has misrepresented the law in that case before the
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Court and the pleadings.
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Pasco County versus Quail Hollow.
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particular case, a Second DCA case, the Court goes
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into the reasoning behind substitution of counsel
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and notice of substitute counsel and notice of
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appearance of additional counsel under the Rules of
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Judicial Administration.
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The case is referred to as

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

The attorney -- if an attorney files an appearance

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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
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representations in the case have been strictly
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between myself and Mr. Fleisher and, therefore,
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there's been no change of law firm and as a result
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of which, since we're affiliated, we can both come
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into the case at will.
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did file another notice of appearance to satisfy Mr.
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Motil and Mr. Fleisher signed it, as I, which has
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been filed in the court record to readopt all
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pleadings and that either one of us could be
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involved in the case, because I knew this would
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happen.
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THE COURT:
Okay.
Notwithstanding, Judge, I
All right.
Well, I'll
overrule your objection.
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Go ahead, Mr. Motil, with your motions.
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want to go by when they were filed you had a
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Defendant's motion to dismiss that was filed

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If you
September the 28th.
MR. MOTIL:
Okay.
I would like to point out
some initial facts first.
unrefuted.
claim, which is their original complaint, there are
no exhibits referenced.
the four corners of their complaint.
using my legal name.
THE COURT:
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My affidavits are
And to get started, their statement of
And you can only look at

They are not
But you're going by -- you're
arguing your motion to dismiss now?
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MR. ERSKINE:
Judge, I think we may want to
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address his motion to quash service.
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the same date, along with his motion to file a cost
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bond.
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THE COURT:
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service you said?
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MR. ERSKINE:
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Let me find that.
It was filed
Motion to quash
Let's see.
Motion to quash defective service
of process filed on the 28th.

THE COURT:
I know I had read that off earlier,
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but she didn't put a sticky on that one.
There's a
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motion to dismiss, motion to strike affidavit.
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MR. MOTIL:
Motion to quash.
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THE COURT:
That was filed on the same date you
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guys are saying?

MR. MOTIL:
Yes.

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MR. ERSKINE:
THE COURT:
Okay.
MR. MOTIL:
It's only like one and a half
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Yes, sir.
I see --
pages.
THE COURT:
All right.
Go ahead.
Address your
motion to squash, I guess, because that would be the
initial thing.
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MR. MOTIL:
Okay.
Comes now the Defendant in
error, James A. Motil, Jr., pursuant to Florida
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Rules of Civil Procedure, Rule 1.070 and Florida
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Statutes 48.031, Paragraph 5, and 55.203 to move
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this Court to quash the service of process upon him.
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It is defective for the following reasons:
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someone has failed to state the location where it
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was dated at, the person serving the summons failed
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to accurately record the time.
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handwritten on my copy of the summons is 1:10 b.m.
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To enforce the final judgment a judgment
That
The apparent time
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creditor needs an original lien certificate pursuant
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to Florida Statute 55.203 and the original judgment
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lien certificate must include, A, the legal name of
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each judgment debtor, the legal name of judgment
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creditor, and record a legal entity, the registered
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name and document file number as shown in the
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records of the Department of State.

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My legal name
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does not appear in the statement of claim, nor on
the summons.
for the Plaintiff to amend his complaint, the person
serve me with a copy of the amended complaint.
The only way to legally change this is
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
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time to file an amended statement of claim and serve
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a copy upon me for findings of fact and inclusions
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of law and for such other further and different
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relief as the Court deems appropriate.
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THE COURT:
Let me try to find the summons
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here, now that I found your motion.
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to respond to that?
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MR. ERSKINE:
Sure, Judge.
Are you going
First of all, Rule
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1.070 in his motion is inapplicable to the case at
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bar because this is a small claims matter and I
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believe under Rule 7.020 of the Small Claims Rules
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it's not included and, as such, it's not applicable.
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As far as Florida Statute 55.203 regarding a
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final judgment, I have no idea how that is
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applicable to the case and have no argument because
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it deals with a judgment creditor with a lien.

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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:
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at the service.
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today served James A. Motil at 1:19 p.m."
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seeing.
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I'm reading --
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It says the process -- I'm looking

It says, "I, Kenneth Rutledge,
What I'm
I'm not sure where you got 1:10 b.m., but
MR. MOTIL:
Judge, on my copy, it's attached to
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it, it's dated 9/15/11 at 1:10 b.m., which is a
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technicality, but still where it says dated at
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there's nothing there.
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served or anything.
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THE COURT:
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It didn't say where it was
It's just technicalities.
So are you saying you are
withdrawing your motion then?
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MR. MOTIL:
No, I'm not withdrawing it.
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just technicalities.
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THE COURT:
Okay.
It's
I pointed them out.

All right.
Well, yeah, I'm
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not understanding where you're seeing it.
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looking at the original certificate of service and

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I'm
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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.
in fact the case, Judge, the case law is clear that
And if that's
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hypertechnical defects in the summons will not
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sustain a quashing the summons.
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American Hospital versus Nateman.
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citation is 498 So. 2d 444.
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I have the case of

I believe the
So I'm not sure if he's talking about the
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return of service or whether he's talking the actual
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summons served on him, but in either event he was
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served.
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He doesn't deny that.
THE COURT:
All right.
I'm going to deny that
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motion.
I'm really not sure what you're getting at
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either.
So let's move on to -- so I'm going to deny
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the motion to quash.
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we've got to go to the motion to dismiss, I guess.
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MR. ERSKINE:
bond.
Service looks fine.
No, Judge.
So then
I think it's the cost
It's another jurisdictional motion.

THE COURT:
Let me find that one.

(863) 382-3310
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.
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THE COURT:
MR. ERSKINE:
THE COURT:
Let me look around November 3rd.
There's a cancellation of hearing.
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It should be around November 3rd
we sent it to the clerk.
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When
did you file that?
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And where is your cost bond?
MR. ERSKINE:
Right.
We sent a check for
$111.50 on it looks like November the 3rd, Judge.
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THE COURT:
Well, as soon as I can find it if
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that's been done then that takes care of that issue.
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I just don't see it yet.
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Mr. Motil, have you seen that he's filed a cost

bond now?
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MR. MOTIL:
Actually, I have a response to that
THE COURT:
Well, answer my question.
also.

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Have you
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seen whether or not he has filed?
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MR. MOTIL:
filing a non-resident cash bond, yes.
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I've seen that he filed a notice of
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
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is an unverified statement.
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attorney should know when working for an
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out-of-state client.
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THE COURT:
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But it doesn't matter.
If he's
already filed it, it now doesn't matter.
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This is something an
MR. MOTIL:
I'm getting to the point.
Just
give me just a little bit of leeway.
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THE COURT:
No, no, no, no.
You need to answer
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my questions.
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issue is if you said he didn't file a cost bond but
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now he has, what else is there in regards to that
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issue?
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I run it.
My
MR. MOTIL:
Okay.
They claim they filed a cost
THE COURT:
Well, you just admitted that he has
bond.
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This is my courtroom.
now.

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MR. MOTIL:
Okay.
THE COURT:
I haven't found it yet, but you
said he did.
Then -- okay.
Hold on.
Or you said he filed a notice of it.
MR. MOTIL:
A notice of it, exactly.
THE COURT:
Let's see.
November 3rd?
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MR. ERSKINE:
Yes, sir.
I'm going to look up
the court docket and see if it's in there.
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You said what date?
THE COURT:
I'm flipping through it.
Go ahead,
Mr. Motil.
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MR. MOTIL:
Okay.
On the purported bond it
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does not say who is the principal or who is the
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surety.
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are?
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a principal and that's not in his notice of filing.
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There's a notice of a filing.
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attached.
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Can either one of you tell me who those
According to Form 1.960, it lists a surety and
THE COURT:
There's no bond
Motion to dismiss -- well, so far I
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still haven't even seen it, so I can't respond to
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that.
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clerk on that.
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bond, then that would be denied.
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then --
I'm just going to have to check with the

Okay?
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MR. MOTIL:
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MR. ERSKINE:
If he has filed a proper

If he hasn't,
I can show you.

I didn't file a cash bond, Judge.

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THE COURT:
not finding it.
much stuff in here that's got stickies on it.
see.
Defendant's amended motion for leave to file.
Here's a reply to Defendant's motion to dismiss, a
failure to file -- okay.
Well, I'm not -- I'm just
She's got stickies -- there is so

Let's
Defendant's response to Plaintiff's --
MR. MOTIL:
MR. ERSKINE:
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Okay.
Okay.
It should be right after that.

It's on the docket, Judge.
It's
on the docket on 11/7.
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THE COURT:
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MR. ERSKINE:
Okay.
And it also says on the left on
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the docket "Funds deposited in the registry of the
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court."
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THE COURT:
Notice of cancelation of hearing.
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You guys just have filed too much stuff right around
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the same time period, which is --
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MR. ERSKINE:
Judge, you can also enter an
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order finding me to be responsible for the amount of
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money in any event and I can be held responsible,
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which is fine with my firm.
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MR. MOTIL:
the surety?
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So who's the principal and who's
THE COURT:
it.
Well, I see a notice that he's done
I still don't -- okay.

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All right.
Well, if he
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has done it, he's okay.
If he hasn't done it, he's
not.
with the clerk and see whether or not he has filed
the appropriate bond.
he has since filed a cost bond in order to address
the issue at hand.
And it looks -- I'm going to have to check
He has in here a reply that
Okay?
MR. MOTIL:
Well, he didn't.
THE COURT:
Well, I don't know.
he did, but you're now questioning the wording on
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it.
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don't like the wording on it.
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You're saying
You're not saying he didn't.
MR. MOTIL:
No.
You're saying you
I'm saying that just putting a
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100 bucks in the court's coffers is not a bond.
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have a Supreme Court official form right here and I
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can hand it to you to go by.
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is supposed to look like.
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THE COURT:
This is what the form
Well, you can pass that up and I
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will check with the clerk's office when we leave the
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courtroom today.
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says he's filed this and -- all right.
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handed me general bond forms for Florida Rules of
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Civil Procedure.
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Because I'm just going by here it

Yes, you
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,
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it's done.
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Registry deposit.
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Okay.
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pursuant to Florida Statute 57.011.
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okay.
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acknowledged -- the clerk approved it.
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If not, you would -- okay.
Here we go.
It's actually bond approval.
Notice of filing non-resident cash bond
All right.
It was back --
And then the clerk has
So, yes, Mr. Motil, on December -- or November
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the 7th I show a registry deposit and that the clerk
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has actually approved the bond.
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MR. MOTIL:
Okay.
On that reported bond who is
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the principal and who is the surety?
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bond to be -- according to Florida Jurisprudence
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states -- it's 0 So. 2d 171, form of good and
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sufficient bond.
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bond is one with a principal and a surety company."
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THE COURT:
In order for a
It states, "A good and sufficient
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.
who is the principal and who is the surety?
have still not answered that question.
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THE COURT:
Again I ask
They
It's valid.
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
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has, based upon that.
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circumvented very simply.
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responsible for all costs up to the amount of the
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statutory requirement.
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MR. MOTIL:
We can -- this could be

This Court can hold me
According to Florida Statute 2011
452 -MR. ERSKINE:
What that would mean, Judge, is
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that his position clearly is analogous -- would be
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contrary to the statute.
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position is correct.
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opposed to the responsibility enumerated under this
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particular statute.
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ability to allow an attorney to act as a surety to
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be responsible for the bond?
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MR. MOTIL:
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MR. ERSKINE:
And let's assume his
That would be diametrically
Would this Court have the
Again -It says so right in the -- it's

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in the cost bond statute you can hold me
responsible.
MR. MOTIL:
MR. ERSKINE:
Again, under Florida -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.
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THE COURT:
doesn't cover so far?
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MR. MOTIL:
THE COURT:
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question.
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argue.
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MR. MOTIL:
MR. MOTIL:
THE COURT:
He just stated that he put the
What cost do you have that is not
covered by the $100 that he has put in right now?
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It is paid by the -- I'm sorry.
money, that he personally put the money in the --
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His $100 cannot be paid by him.
It's got to be paid by the client, which would be --
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Well, you have to answer my
You've got to answer my question.
MR. ERSKINE:
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I'm
You don't get to chose what you want to
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I'm not arguing that point.
arguing the technicalities of what he's doing.
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What cost do you have that his $100
MR. MOTIL:
tons.
I put in a couple of my own --
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.
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:
If you don't have any costs and
But he hasn't because he has not
filed -- just because he threw 100 bucks in the
coffers is not specific as a bond.
for it.
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There's a form
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
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principal, which is whoever the principal is, and
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who the surety is.
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THE COURT:
And he's agreed to do that.
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Overruled.
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complain about?
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also say is based on his statement we'll hold him
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responsible for any costs that you may have.
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even asked you if you had any costs and you don't
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have any it sounds like.
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in putting up a cost bond, because that way if you
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are the winning party they would cover your costs.
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Go ahead.
MR. MOTIL:
point to it.
What else do you want to
He's done a cash bond and what I'll
But I
So that's the whole reason
In reference to that there's a
Because the Florida Statute 454.20,

(863) 382-3310
22
attorneys are not to be sureties.
be --
3
4
THE COURT:
it.
5
6
Okay.
No attorney shall
Well, I've already addressed
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.
--
7
8
me.
Look at me.
keep going on and on.
Look at me.
Look at
When I make a ruling you don't

Do you understand me?
10
MR. MOTIL:
Yes, sir.
11
THE COURT:
I don't know where else you've been
12
in a court, but let me explain something to you.
13
I've been allowing you to go on and I'm trying to
14
explain it to you.
15
rule on, that's when you file an appeal, but once I
16
make a ruling you don't keep going down the same
17
road.
If you don't agree with what I
Do you understand me?
18
MR. MOTIL:
Yes, sir.
19
THE COURT:
Okay.
I've said that he has been
20
sufficient and they did a cash bond and if the cash
21
bond does not qualify for whatever reason the
22
attorney is personally liable for your costs.
23
on.
Move
Do you know what your next issue is?
24
MR. MOTIL:
Motion to strike the affidavit --
25
THE COURT:
Motion to strike affidavit of

(863) 382-3310
23
Tarnetta Mayfield.
2
3
MR. MOTIL:
May I have a small break to go get
a drink of water?
I'm parched.
THE COURT:
That's fine.
(A short break was had.)
THE COURT:
All right.
Hurry up.
Let me find it again.
It was Defendant's motion to -- no.
Motion to strike affidavit of Tarnetta Mayfield.
Okay.
10
11
12
13
14
15
Let me find it.
Why are you trying to -- let me try to find
the affidavit of Tarnetta Mayfield.

MR. ERSKINE:
Okay.
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
16
she's an employee or officer and that she's only
17
familiar with the manner and method of business
18
books and records, et cetera.
19
an unnamed person.
20
of this process.
21
is five months prior to the filing of the complaint,
22
13 days after the initial correspondence and 17 days
23
prior to the request for verification.
24
little fishy.
25
is not admissible.
The books are made by
She only has personal knowledge

It's dated March 21st, 2011, which
Sounds a
Her affidavit is hearsay and hearsay

She does not identify or certify

(863) 382-3310
24
any business record.
way, shape or form.
It's not attached to it in any
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.
10
Person with personal knowledge Page 397 to 398.
11
Affidavits containing hearsay, legal conclusions and
12
irrelevant information are properly stricken without
13
an opportunity to amend as defects in the affidavits
14
are of substance and not form.
15
Again So 2d, 17 Amendment, Page 400.
Before a
16
document may be admitted as a business record a
17
foundation for such admission must be laid. Section
18
90.803 Paragraph 6, Florida Statutes 2010 allows the
19
admission of records under regularly kept business
20
activity when the business record was made at or
21
near the time of matters reported and when the
22
business record is made by a person having personal
23
knowledge of the matters reported or when the
24
information supplied in the record is supplied by a
25
person with knowledge.

(863) 382-3310
25
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.
made no attempt to admit the affidavit by
certification or declaration pursuant to Section
90.803 Paragraph 6-C, Florida Statutes.
foundation has been laid and because the affiant has
Further, Ms. Mayfield
Because no
10
no personal knowledge, admission of the affidavit
11
would be erroneous.
12
Now, I have another -- I actually have -- where
13
is it at?
It's attached here somewhere.
Another
14
affidavit that she put together for Capital One
15
regarding Thurston R. Mitchell where it's basically
16
a --
17
THE COURT:
Who is Thurston R. Mitchell?
18
MR. MOTIL:
It's just another case that she
19
20
21
filed an application against.

THE COURT:
Well, let's worry about your case
and any appellate, you know, any decisions.
22
MR. MOTIL:
Okay.
We'll go to --
23
THE COURT:
So your objection is that her --
24
I'm trying to look at your motion -- is that she
25
doesn't have personal knowledge, she's not a witness

(863) 382-3310
26
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:
10
records now?
11
affidavit?
12
Why are you referring to business
I thought you were attacking her
MR. MOTIL:
13
business record.
14
hearsay.
15
best.
16
form.
Because her affidavit isn't a

She supplied none of it.
It's all
Everything in her affidavit is hearsay at
It's not admissible in any way, shape or
17
THE COURT:
It's not admissible at what?
18
MR. MOTIL:
In proving their case of cause of
19
action.
20
21
22
THE COURT:
Okay.
Do you want to respond to
that?
MR. ERSKINE:
Judge, I think your observation
23
is clear the affidavit has been filed to show the
24
establishment of the debt.
25
proceedings in which the affidavit is being used

(863) 382-3310
There's no pending
27
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.
8
9
THE COURT:
Yeah.
I'm a little bit -- see, if
we were at a trial, Mr. Motil, and they were trying
10
to introduce the affidavit at trial a lot of your
11
arguments would be justified because they cannot use
12
an affidavit at trial.
13
used in certain other hearings, so I'm not really
14
sure why you filed it at this time.
15
certain motion hearings affidavits are permitted
16
under the rules.
17
you're trying to strike it right now.
18
MR. MOTIL:
Affidavits though can be
For example, at
So I'm really at a loss as to why
I'm trying to strike it now because
19
that's their only so-called proof that I, James A.
20
Motil, Jr., owes the debt to Capital One.
21
THE COURT:
Okay.
Well -- all right.
22
MR. MOTIL:
Which is my point for my motion to
23
dismiss.
They've got a one-page document.
24
four corners of the document they have no proof.
25
There's no exhibits attached to it.

(863) 382-3310
On the
28
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:
MR. ERSKINE:
THE COURT:
No, not yet.

No, Judge.
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.
actually that she's an authorized agent.
She alleges
10
use the word "officer" or "employee"?
11
the word "agent".
12
I'm at a loss.
No.
Does she
She uses
I'm not really understanding
13
what you're trying to strike or really why because
14
it's not being used at a trial.
15
point it's a denial of that.
16
your next motion?
17
MR. MOTIL:
18
MR. ERSKINE:
Okay.
So at least at this
All right.
What is
My motion --
Judge, what I believe he has left
19
is his motion to dismiss and his motion for leave to
20
file a third-party claim.
21
another one to amend.
22
7th of November to file an amended I guess
23
third-party claim and counterclaim.
24
three items left I see from the Defendant.
25
THE COURT:
And I think he just filed
He filed another one on the
Those are the
So the motion to dismiss is --

(863) 382-3310
29
let's see.
Why are you saying it's vague?
You say Plaintiff's identity is vague.
MR. MOTIL:
Because they said James A. Motil.
I'm not James A. Motil.
there's more than three of them.
Arizona.
actually my father.
Actually, James Angelo Motil, Jr.
referring to me.
a name similar.
11
THE COURT:
13
One lives in
One lives in Cleveland.
10
12
If you Google that name
One of those is
I'm James A. Motil, Jr.

They are not
They are referring to someone with
So are you saying you're not the
person -MR. MOTIL:
That's exactly what I'm saying.
14
That's exactly what I'm saying.
15
Motil.
I'm not James A.
I'm James Angelo Motil, Jr.
16
THE COURT:
That would be --
17
MR. MOTIL:
They are not referring to me
18
personally.
19
at the original summons and saw it was James A.
20
Motil I wouldn't even have signed it accepting it
21
because I'm not James A. Motil.
22
Motil, Jr.
They are not suing me, James Angelo
23
Motil, Jr.
They are suing James A. Motil.
24
25
I'm here only because -- had I looked
MR. ERSKINE:
I'm James Angelo
Judge, may I voir dire the
Defendant so maybe we can get to the bottom of this?

(863) 382-3310
30
THE COURT:
2
3
4
5
VOIR DIRE EXAMINATION

BY MR. ERSKINE:
Q.
THE COURT:
Hold on.
Hold on.
Raise your
right hand.
8
9
Mr. Motil, are you not on the account with
Capital One?
6
7
Sure.
MR. MOTIL:
I will not be sworn in.
prepared to be sworn in for anything.
I wasn't
I object.
10
wasn't given notice in time to prepare for anything
11
like this.
12
THE COURT:
Okay.
So you're telling me you're
13
not going to raise your right hand and be sworn in?
14
I'm just asking you.
15
MR. MOTIL:
16
I will go ahead and swear, but I'm
objecting to it.
17
THE COURT:
18
want to be sworn in?
19
MR. MOTIL:
20
21
That's what you said.
in.
Let me ask you this.
You don't
I don't have a problem being sworn
I just object to it.

THE COURT:
In like three sentences you have
22
changed your mind.
If you're going to object I
23
won't swear you in.
24
MR. MOTIL:
Well, I'm going to object.
25
THE COURT:
Okay.
Then your motion is denied.

(863) 382-3310
31
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.
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.
If you want to object I
MR. MOTIL:
And which motion was that?
10
THE COURT:
Your motion to dismiss based on you
11
saying you're not the person he's looking for.
12
you don't want to give testimony in regards to that
13
I'm not going to make you right now because it was
14
not a testimonial set hearing, so we'll deny your
15
motion.
16
MR. ERSKINE:
If
Just for purposes of the record,
17
Your Honor, in small claims proceedings there's no
18
need to give notice with respect to any type of
19
motion whatsoever, summary claims motions, anything,
20
so therefore it would be in the Court's clear right
21
to seek an evidentiary hearing on short notice.
22
THE COURT:
I understand, but my problem is
23
we're also getting backlogged.
24
waiting for another hearing that's supposed to start
25
and I'm not going to have this drag on for another

(863) 382-3310
I have people
32
1
2
3
4
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
10
filed I guess an amended motion to file a
11
third-party complaint and also a counterclaim.
12
did not file with either motion a proposed
13
third-party complaint or a set of counterclaims.
14
15
16
THE COURT:
He
Well, what day did you file your
motion -- what date is the motion to amend?

MR. ERSKINE:
The motion for leave to file a
17
third-party claim on September 28th I believe, Your
18
Honor, with that initial package he sent to the
19
Court.
20
THE COURT:
Okay.
Let me see if I can find it.
21
Objections, motion to dismiss, non-resident cost
22
bond, motion to strike, motion to dismiss.
23
And you want to add a third party.
24
to add?
25
to file a third-party claim.
Here it is.
Okay.
Who do you want
Defendant's motion for leave

(863) 382-3310
All right.
Mr. Motil,
33
1
2
3
4
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.
can do that whenever you want.
say whenever you want, but you can file.
want to do a counterclaim, have at it.
Let's see.
You
Well, I shouldn't
If you
Jurisdiction of the Court arises --
10
venue is proper.
11
is liable for a consumer debt, thus he's a consumer.
12
The lawyers are attempting to collect a consumer
13
debt from the Plaintiff and they are debt
14
collectors.
15
proper notice to James Motil, have failed to
16
sufficiently validate an alleged consumer debt.
17
lawyers have made false and misleading statements.
18
File a third-party claim against the lawyers for
19
findings of fact, conclusions of law --
20
21
22
Plaintiff has alleged that James
The lawyers have failed to provide
All right.
The
So you're wanting to file a
third-party claim against the attorneys?

MR. MOTIL:
On the first one I was going to sue
23
the attorneys for violations.
24
that there's another attorney involved in Capital
25
One it comes under FDCPA because they hired an

(863) 382-3310
On the second one now
34
attorney to collect an alleged consumer debt.
Heintz versus Jenkins.
3
4
5
6
THE COURT:
Read
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
10
11
creditor they are not considered a debt collector.

MR. MOTIL:
Well, if you may, the act defines
12
debt collectors to whom it applies as including
13
those who regularly collect or attempt to collect
14
directly or indirectly consumer debts --
15
THE COURT:
Right.
16
MR. MOTIL:
-- owed or due or asserted to be
17
owed or due another.
18
THE COURT:
Right.
19
MR. MOTIL:
And in 1977 the debtor did not
So 2d 1692(a) Paragraph 6.
20
include any attorney at law collecting a debt, but
21
in 1986 Congress repealed this exemption in its
22
entirety, so they should have done what they were
23
supposed to originally.
24
engage in traditional debt collection activities
25
like sending dunning letters, which they did, making
Attorneys at law firms that

(863) 382-3310
35
collection calls to consumers, are covered by the
act.
engage in consumer debt collection activity even
when that activity consists of litigation.
That act applies to attorneys who directly
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?
10
MR. ERSKINE:
First of all, Judge, a couple of
11
things, one of which is a third-party complaint, and
12
I'm not sure the Defendant clearly understands it,
13
is that a claim he's suggesting that we are
14
responsible to him as a result of the underlying
15
action.
16
because of actions on our part we're now responsible
17
for that debt.
18
arise out of the circumstances with respect to the
19
statement of claim.
20
arises out of the claim between him and the
21
Plaintiff is tortious to say the least.
22
So, in essence, he incurred a debt and
It doesn't work that way.
It has to
How the collection of a debt
Notwithstanding that, just for the Court's
23
edification, which is part of our motion to file
24
confidential records, the document that he's
25
referring to he was verified the debt, it was given

(863) 382-3310
36
to him.
his credit card and the account statement changed in
terms of the credit card number.
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.
8
9
He had filed a claim for fraudulent use of
THE COURT:
Okay.
So he's trying to
All right.
Well, he started
it and now you're going into the substance of it.
10
Just to the idea of him wanting to file a
11
third-amended complaint, I mean a third-party claim,
12
whether or not it's baseless, I don't know.
13
mean --
14
MR. ERSKINE:
No.
I understand, Judge.
I'm
15
just trying to give the Court a little groundwork on
16
the basis for it, but as far as the actual request
17
to seek a third-party claim, I don't think he can do
18
that under the circumstances because he hasn't
19
alleged enough facts or circumstances to show how
20
the underlying statement of claim is tied to his
21
third-party suit.
22
MR. MOTIL:
I can't do that because you won't
23
let me do my motion to dismiss.
24
cause of action.
25
THE COURT:
There's still no
There's still a cause of action?

(863) 382-3310
37
1
2
MR. MOTIL:
action.
3
4
They have not proven their case.
THE COURT:
yet.
There is still zero cause of
They don't have to prove their case
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.
properly.
I mean, I may not be arguing this

Obviously, I'm not.
I'm not an attorney,
10
but I have more than enough examples of their not
11
following procedures properly, not filing the proper
12
paperwork.
13
whitewashing everything that's going on here.
14
That's the whole reason for my motion to dismiss,
15
but you --
16
They are just basically snowballing and
THE COURT:
Well, you decided you didn't want
17
to testify and they wanted to prove that you were
18
the right person and so I wasn't going to sit there
19
and let-- you can't have it both ways.
20
use something as a shield and then as a sword.
21
was the reason.
22
to testify because you didn't get proper notice, so
23
they were going to question you, do a voir dire of
24
you.
25
You can't
You decided you really didn't want
Are you changing your mind now?

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

(863) 382-3310
38
dismiss, then yes, I will do anything you want me
to.
3
4
THE COURT:
What time was the next hearing
supposed to start?
THE BAILIFF:
THE COURT:
Ten o'clock, Your Honor.

All right.
So you want to proceed
on with your motion to dismiss and you want to be
sworn in?
MR. MOTIL:
Yes, sir.
10
THE COURT:
Raise your right hand.
11
12
Raise your
right hand.
WHEREUPON.
13
JAMES A. MOTIL, JR.
14
called as a witness by the Plaintiff, was duly sworn by
15
the Court, and in answer to questions propounded,
16
testified as follows:
17
MR. MOTIL:
Yes, sir.
18
THE COURT:
All right.
Go ahead.
He's going
19
to voir dire you in regards to that issue and then
20
we'll go back to your motion to dismiss.
21
Go ahead, Mr. Erskine.
22
MR. ERSKINE:
23
24
25
Thank you, Your Honor.
VOIR DIRE EXAMINATION

BY MR. ERSKINE:
Q.
Mr. Motil, do you reside at 113 South Delaney

(863) 382-3310
39
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?
10
A.
Multiple people live with me.
11
THE COURT:
12
him.
13
Q.
14
He said multiple people live with
Did you ever open an account with Capital One
Bank?
15
A.
Plead the Fifth.
16
Q.
Excuse me?
17
18
19
THE COURT:
Q.
He said he pleads the Fifth.
Would you be kind enough to tell us what your
social security number is?
20
A.
No.
21
Q.
Would you be kind enough to tell me what your
22
I plead the Fifth.
date of birth is?
23
A.
I plead the Fifth.
24
Q.
Could you be kind enough to tell me where you
25
work?

(863) 382-3310
40
A.
I am unemployed.
Q.
Where did you work before you were unemployed?
A.
I plead the Fifth.
Q.
Did you ever use the Capital One credit card?
A.
I plead the Fifth.
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
10
11
12
13
14
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?
15
A.
No, I do not.
16
Q.
Do you have -- you obviously have a father, I
17
assume.
18
A.
Yes, I do.
19
Q.
And his full name?
20
A.
James Angelo Motil.
21
Q.
James A. Motil as well?
22
A.
Some people reference him as that, yes.
23
Q.
And is his middle name the same as yours?
24
A.
Yes.
25
Q.
Where does he reside?

(863) 382-3310
41
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.
10
Q.
Do you know what city in Ohio?
11
A.
Offhand, no.
12
Q.
Are you married?
13
A.
No.
14
Q.
Do you have any children?
15
A.
No.
16
Q.
Do you own real estate?
17
A.
I plead the Fifth.
18
Q.
The public records say you have real estate,
19
sir.
Is that correct or incorrect?
20
A.
21
pertinent.
22
I can't confirm or deny that.
MR. ERSKINE:
It's not
Judge, at this point I have no
23
further questions subject to the voir dire.
24
ask the Court to entertain an ore tenus motion to
25
strike all the pleadings of the Defendant and enter

(863) 382-3310
I would
42
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.
appears that this is going to continue, then
obviously the Plaintiff's hands are going to be
tied.
THE COURT:
case to be resolved?
And if it
Mr. Motil, how do you expect this

When you say you plead the
10
Fifth, Mr. Motil, would you tell me what your
11
understanding of that means?
12
MR. MOTIL:
I don't have to -- I don't have to
13
say anything negative or positive that could
14
potentially be used against me or for me in any way,
15
shape or form.
16
17
THE COURT:
That's your understanding of what
pleading the Fifth is?
18
MR. MOTIL:
Yeah, basically.
19
THE COURT:
Do you understand this is not a
20
criminal court that we're doing here today?
21
MR. MOTIL:
I understand that.
22
THE COURT:
You understand that.
If this goes
23
to a trial how do you expect to defend yourself if
24
you're going to somehow believe that the Fifth
25
Amendment to the Constitution applies to you in this

(863) 382-3310
43
civil case?
2
3
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?
have answered his questions.
--
It appears that he is
MR. MOTIL:
I want to start --
THE COURT:
We'll get back to his other
10
11
You
motions.
MR. MOTIL:
-- pleads in what capacity the
12
Plaintiff brings suit and by failing to allege the
13
nature of his legal entity, whether it's active,
14
inactive, foreign, domestic, for profit or
15
nonprofit, et cetera, the Plaintiff has not pled
16
that it has the capacity to maintain suit before
17
this Court, thus the Court as yet has no subject
18
matter jurisdiction to hear Plaintiff's case.
19
Plaintiff's standing as a real party interest is
20
also vague.
21
me, by my full legal name.
22
father.
23
Plaintiff has failed to identify James,

James A. Motil is my
My full name is James Angelo Motil, Jr.
Plaintiff is vague in not stating whether it is
24
based upon an oral or written agreement.
25
mentions an agreement but failed to attach a copy of

(863) 382-3310
The claim
44
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.
every line in here, I can read it.
6
7
MR. MOTIL:
No.
I'm done with that.
I've got
more notes here.
8
9
If all you're going to do is read to me
THE COURT:
Okay.
In summary, because you guys
are now 27 minutes beyond your time period, you're
10
thinking I should dismiss this in summary why?
11
you could summarize why you think I should --
12
MR. MOTIL:
If
On the four corners of the
13
complaint, okay, you have got -- you're looking at
14
--
15
THE COURT:
The statement of claim.
I see it.
16
MR. MOTIL:
-- the statement of claim, which
17
they don't have anything attached to it.
18
an affidavit which is not admissible.
19
denied that, so now it's admissible.
20
two cases in which you yourself -- where is it at --
21
Case Number 08000564SPS, which is Capital One versus
22
Ron Bil, where you stated that the Plaintiff must
23
provide a signature for the agreement.
24
stated in FIA Card Services versus Karen Tifft in
25
Case Number 10000219SPS they also must have a signed

(863) 382-3310
They have
But you have

I've also got
You also
45
1
2
application.
THE COURT:
Yeah, there's a lot of cases that I
require the Plaintiff to provide stuff.
asking that they provide certain things?
MR. MOTIL:
So you're
That was the whole point.
When
they sent me the original dunning letter I requested
a verification of debt.
thick stack of paper.
statements, the rest of it basically mumbo-jumbo.
They sent me a one-inch

Ten pages of it was
10
Some pages were blank.
11
photocopied on it.
12
If you look it's inside the yellow manila envelope
13
that he's trying to keep secret.
14
Some had some squiggly lines
I don't even know what it was.
There is nothing attached to his original
15
complaint.
It's a one-page document.
There's no
16
exhibits attached to it.
17
there's no exhibits referenced.
18
didn't attach anything to prove their case they have
19
no case.
20
did not supply a valid cause of action then they
21
have no cause of action.
It says quite clearly

I mean, if they
Irregardless of everything else, if they
22
THE COURT:
23
MR. ERSKINE:
Okay.
All right.
Response?
Your Honor, as far as the problem
24
with the current environment is issues of privacy
25
and as a result of which we do not attach everything

(863) 382-3310
46
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.
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.
That's the purpose behind filing the
It's a small claims matter.
We filed
10
preliminary documentation sufficient enough to state
11
a cause of action.
12
Procedure relative to a more definite statement
13
concerning a statement of claim.
14
knows all we have to do is a brief allegation of
15
what the cause of action is.
16
into all kinds of verbiage and documentation like we
17
would have to do in a more sophisticated
18
environment.
19
20
He's arguing Rules of Civil
As this Court well
We don't have to go
If the Court wants me to file an amended

statement of claim, I will.
21
THE COURT:
Okay.
22
MR. MOTIL:
They could have shown the cause of
23
action with one sheet of paper, not 30,000 pieces.
24
I mean, literally, he's got a one-inch thick stack.
25
There's nothing in there that states a cause of

(863) 382-3310
47
action.
It's right there in front of you.
3
4
It's just mumbo-jumbo.
THE COURT:
You can look at it.
You're talking about in this
envelope?
MR. MOTIL:
That was applied and submitted
after his initial state of claim.
of claim is still only one document.
nothing there.
there's no exhibits.
There's
And it says no -- and if you read it

Where is the attachments?
10
What exhibits to prove it?
11
action?
12
So the statement
MR. ERSKINE:
What's his cause of
Judge, the end result is that Mr.
13
Motil does not understand certain issues such as
14
doctrine of equitable estoppel and acceptance by
15
use.
16
document you're not going to have a contract.
17
a ruse.
18
He just feels if you don't have a signed

It's
We both know that.
The issue here is whether or not he obtained
19
the account and whether he used it.
And if he did,
20
there's certain principles under the law, one being
21
doctrine of equitable estoppel notwithstanding
22
acceptance by use, which creates a contract under
23
the law.
24
a written contract.
25
THE COURT:
You don't have to sign anything to create

That's what he's driving at.
Okay.

(863) 382-3310
48
MR. MOTIL:
You do have to do something like
create a written contract.
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.
are barred.
10
It's written down.
There is nothing --
THE COURT:
You're telling me that oral
11
contracts are barred in Florida?
12
you're saying?
13
MR. MOTIL:
Yes, I am.
14
THE COURT:
Okay.
Is that what
What is the next thing you
15
said?
16
something else you just said.
17
They
You said oral contracts were barred and
MR. MOTIL:
Oral and implied contracts are
18
barred by two Florida statutes of fraud, Florida
19
Statute 672.201 and Florida Statute 687.0304.
20
THE COURT:
All right.
At this point I'm going
21
to deny your motion to dismiss.
22
lot of it's affirmative defenses.
23
be honest with you, I don't -- I'm not really sure
24
some of what you're getting at, but oral contracts
25
are not barred in the State of Florida.

(863) 382-3310
It is premature.
A lot of it, to
Now,
49
certain types of oral contracts are, but oral
contracts on a whole are not barred.
sure --
4
5
All right.
So I'm not
Do we have any other motions that I
can --
MR. ERSKINE:
THE COURT:
His third-party complaint, Judge.

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
10
attorneys should be listed as defendants then -- but
11
you're right, your motion to do that is very vague.
12
I mean, just the mere fact you are mad at them for
13
representing Capital One is not in and of itself
14
valid.
15
And also understand, Mr. Motil, if you do file
16
a complaint against them and it's bogus they can get
17
sanctions, which would be not only monies but
18
according to how bogus, if it is bogus, there is a
19
lot of problems it can cause you.
20
to think real hard before you, just to try to tie
21
this case up, try to file a lawsuit against the
22
attorneys simply representing a credit card company.
23
I'm not telling you what to do or what not to do,
24
who to get advice from and who not to get advice
25
from.
So you might want
I'm just letting you know that you need to be

(863) 382-3310
50
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.
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.
8
9
All right.
If it's
So what we'll say is on that one
I'll reserve on you filing an appropriate motion to
10
show why they should be listed more than what you
11
did in your vague one.
12
anything else I need to address?
13
MR. ERSKINE:
All right.
Do we have
Judge, on the motion to determine
14
the confidentiality of court records we filed a
15
whole slew of documents.
16
sealed to protect Mr. Motil's privacy rights.
17
18
THE COURT:
Okay.
I would like them to be
I assume you don't mind them
protecting your privacy rights?
19
MR. MOTIL:
No.
20
THE COURT:
All right.
21
So he says he doesn't
object to that, so we'll grant that.
22
Go ahead.
Next?
23
MR. ERSKINE:
The only other motion I have
24
right now, Judge, is my motion to strike pleadings
25
for ghost writing, but I'll withdraw it from the

(863) 382-3310
51
calendar today to be heard at another date for
evidentiary purposes should we deem it necessary.
3
4
THE COURT:
All right.
Would you prepare me an
order based on what we have discussed here today?
MR. ERSKINE:
THE COURT:
MR. ERSKINE:
THE COURT:
MR. ERSKINE:
Yes, sir.
Thank you.
Thank you, Judge.
All right.
Have a good day, sir.
10
THE COURT:
11
(THEREUPON, these proceedings were concluded.
12
You, too.
at 10:37 a.m.)
13
14
15
16
17
18
19
20
21
22
23
24
25

(863) 382-3310
52
1
2
3
4
CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF HIGHLANDS
5
6
7
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
10
pages, numbered 1 through 51 inclusive, represent a true
11
and correct transcription of my stenographic notes taken
12
at that time.
13
14
15
DATED at Sebring, Highlands County, Florida

this 28th day of December, 201.
16
17
18
19
21
_______________________________
22
SUSAN A. RANKINE, COURT REPORTER
23
24
25

(863) 382-3310
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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,
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,
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
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,
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
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
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,
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

Transcript of Hearing 29 Nov 2011 Attorney Asks To Be Surety For Client

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Transcript of Hearing 29 Nov 2011 Attorney Asks To Be Surety For Client

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1

IN THE COUNTY COURT OF HIGHLANDS COUNTY, FLORIDA

CAPITAL ONE BANK (USA) N.A.,

November 29, 2011

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

Highlands County Courthouse

The Honorable Anthony L. Ritenour

This cause came on to be heard at the time and

HANSEN REPORTING SERVICE

APPEARANCES FOR THE PLAINTIFF

APPEARANCES FOR THE DEFENDANT

HANSEN REPORTING SERVICE

(THEREUPON, the following proceedings were

Can you hear me?

how you pronounce your name, Motil?

Mr. Motil is -- is that

Mr. Motil is present.

We have a whole slew of motions.

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

Sounds pretty close, Your Honor.

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

Is that your understanding,

HANSEN REPORTING SERVICE

That's fine, Judge.

should address the jurisdictional motions first

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

jurisdictional motions the rest of it really is a

Mr. Motil, which motion

of yours do you want to start with?

I would like to make an objection

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

Who is not the attorney of record?

The guy on the phone?

Who do you think is on the phone?

I thought you just said Erskine &

Isn't that what he said?

Fleisher is the attorney of the record and --

-- Mr. Erskine is on the phone?

Mr. Fleisher is attorney of

Erskine is another attorney within that

particular framework, but he's not the attorney of

HANSEN REPORTING SERVICE

So you're saying he's an

signed the initial paperwork?

new attorney for the record.

Stanley Erskine, Your Honor.

Erskine & Fleisher, right?

So you're objecting to -- okay.

Who is on the phone now?

He didn't ask for leave to become a

That's correct, Your Honor.

So I don't understand what