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IN THE CIRCUIT COURT OF THE 15TH 1 APPEARANCES:

JUDICIAL CIRCUIT IN AND FOR 2 Appearing on behalf of the Plaintiff:
3 KELLER & BOIZ, LLP
PALM BEACH COUNTY FLORIDA 121 Majorca Avenue, Suite 200
CASENO: 502016-CA-009292 4 Coral Gables, Florida 33134
(305) 529-8500
5 Hbolz@kellerbolz com
FIRST AMERICAN BANK, BY: HENRY H BOIZ, III, ESQUIRE
· as successor by merger to 6 Smesa@kellerbolz com
Bank of Coral Gables, LLC, BY: SHEYIAMESA, ESQUIRE
Plaintiff. 7
Appearing on behalf of Laurence Schneider:
V. 8
LAURENCE S. SCHNEIDER, GEORGE GESlEN MCDONAID, PLLC
STEPHANIE L. SCHNEIDER, 9 9897 Lake Worth Road, Suite 302
Lake Worth, Florida 33467
JEFFREY MARC HERMAN, 10 (833) 346-3587
UNKNOWNTENANT#l, Rgesten@4-justice com
UNKNOWN TENANT #2 and 11 BY: RYAND GESlEN,ESQUIRE
THE OAKS AT BOCA RATON 12 QUINTAIROS, PRIElD, WOOD & O.YER;-R
9300 South Dadeland Boulewrd,
PROPERTY OWNERS' ASSOCIATION, INC., 13 Miami, Florida 33156
Defendants. (305) 670-110 I
14 Jkeller@qpwblaw com
Proceedings had and taken place before the BY: JOHNP KELLER!;
15
Honorable LISA S. SMALL, one of the Judges of said Also Present:
Court, at the Palm Beach County Courthouse, 205 16
North Dixie Highway, West Palm Beach, Florida, on Laurence S Sc
17
Tuesday, the 2nd day of October 2018, commencing
at the hour ofS:50 a.m, and being a Hearing. 18
19
20
21
22

Page Page 4
1 (Thereupon, the following proceedings were this motion and another motion filed
2 had:) 2 contemporaneous with this motion.
3 THECOURT: FirstAmericanB ersus 3 Also, since the entry of the mandate in this
4 Laurence Schneider. Good morninA 4 case, today is actually the first time I have had
5 MR. GESTEN: Ryan Gesten-ifn behal~ 5 a chance to meet with my client to discuss the
6 Defendant Laurence Schneid . w o 1s pr nt. 6 matter due to a death in his family. Also,
7 MR. BOLZ: Henry . e , · of Keller 7 fmally, Your Honor, good news, bad news.
8 & Bolz along with - I'v aglin, who is 8 I'm starting a new firm. We opened our doors
9 the assistant vice president of First American 9 yesterday, and I had informed opposing counsel
10 Bank here with e. 10 that for the last month I have been spending all
11 THE COURT. @oo,d morning. Good morning to 11 of my time really working on that and have been
12 12 unable to address this in a marmer as it should be
13 : Your Honor, may I approach? 13 addressed.
14 T: Sure. 14 Your Honor, I do apologize to the Court. It
15 should have been served five days in advance so
fi~ e reply in opposition to today's motion. 16 that you could be prepared for today's hearing.
Timow I did not comply with the five days in 17 During that month, and I'll make it very brief, I
l~r--....;:!lo..
advance notice. As required, I did contact your 18 apologize, I did speak with Mr. Bolz's partner,
office to try to send it over. 19 Mr. Keller, and I had asked him to special set
20 The motion details numerous reasons why I 20 both of these motions.
21 don't think we should be able to proceed today, 21 It was represented to me that you only had
22 both procedural and substantive, Your Honor. I do 22 one 15-minute special set hearing prior to the end
23 not believe that this is appropriate for a 23 of this year, which we have taken on October 12th
24 five-minute motion calendar hearing, as there is 24 for the other motion filed contemporaneous with
25 extensive argument related to multiple issues on 25 this motion.

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1 THE COURT: Okay. So let me just address it 1 access and to be able to assist all the cases as
2 with everyone here. See, when there is a 2 best we can with one thousand
3 representation that there is only one 15-minute 3 three-hundred-and-something cases assigned to the
4 hearing available in the whole calendar year 4 division, and every case, in our view, should be
5 remaining, that may be because you have other 5 treated equally.
6 obligations and conflicts, attorneys, and not 6 Mr. Bolz, can we --
7 because there's only 15 minutes left in the 7 MR. BOLZ: Your Honor, we're hear to
8 calendar. And the calendar is constantly 8 implement the Fourth District Court of Appeals'
9 changing, so if there is any issue with fmding 9 mandate. This is a ministerial act. There is
10 time, please call my judicial assistant, please 10 really nothing to this. The Fourth District
11 come to uniform motion calendar. 11 required us to insert some language ll)(ne of the
12 So for example, this week, we're conducting 12 two judgments that we got. We h we prepared that
13 non-jury hearings. So today we have an all-day 13 language. We have given you erder :ith that
14 foreclosure trial that starts at 10:00. Tomorrow 14 language.
15 we have time that's available, and also the 15 So we are here just to date,
16 following day, different blocks of time because 16 and I don't even e / nearing for
17 we're doing non-jury. 17 this motion ut . Gesten requested
18 And we have been trying to offer the time to 18 that we hav y.:;/pproach, Your Honor?
19 cases that need it. So please, if this is going 19 THEC e.
20 to take more than a total of 10 minutes, I can 20 MR. BO Honor, we've got the Fourth
21 hear you tomorrow. I can hear you on Thursday. 21 date, which is highlighted. We have the
22 You can have an hour of time if you need it. You 22
23 can have a half- hour of time if you need it. 'language in the amended judgment, which
24 But I did feel it's important to address the i ,S ighted. And they flow from the Fourth
25 issue of scheduling because we aim to provide District opinion to the case to the judgment.

Page 8
1 And candidly, we think that this, the releasing the bond, Your Honor.
2 mandate, needs to be enforced. And basically, e 2 THE COURT: Or lifting the stay? But all the
3 Fourth District Court of Appeal has4'di~ _ 3 bond did was secure the stay.
4 what's going to happen, and it should anp;;;?' 4 MR. BOLZ: Correct.
5 There is nothing -- we don't -~ ~ e s 5 MR. GESTEN: That's correct, Your Honor.
6 an~ing to be talked abo . wi~ 5ect to this 6 THE COURT: So now the appeal is over.
7 motion. •y 7 MR. BOLZ: Is over.
8 MR. GESTEN: Y ~{!ono ·, we have a special- 8 THE COURT: The mandate is issued.
9 set on October 12th on1'-mot1on that was filed 9 MR. BOLZ: Issued.
10 contemporaneous with this motion, which is the 10 THE COURT: And the stay is over, right? And
11 motion to distribu e ~ e cash bond. The two 11 then you release the bond.
12 actioA e incon fstent. 12 MR. GESTEN: That is correct. But the
13 e &ase law that they cited was Superior 13 problem is that they are trying to do both, and
14 G lie , mational v. E&A Produce Corporation, 14 the case that they cite in their motion says they
9 So.2d 484, which says that they have a choice 15 have a choice. So if you grant their motion
where they can either lift the stay or proceed 16 today, I'm going to file an objection tomorrow
against the bond. They are attempting to do both, 17 that you granted the motion today and we don't
and they are attempting to do it by way of setting 18 need the October 12th hearing because --
this at separate hearings on separate motions to 19 THE COURT: Well, shouldn't I release the
20 get one entered, and then we still have a hearing 20 bond today if I'm going to grant-- if I'm lifting
21 on the 12th on the other issue. 21 the stay?
22 So all I'm asking the Court to do -- 22 MR. GESTEN: Your Honor, I haven't filed a
23 THE COURT: Is there an objection to 23 reply in opposition to the stay relief yet because
24 releasing the bond? 24 that is set October 12th, not for today. But
25 MR. BOLZ: Oh, yeah, there's an objection to 25 there are issues that I can go into, Your Honor.

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1 I would be happy to argue it. 1 THE COURT: So then I address that next
2 THE COURT: If I've got a stay-- the stay is 2 Friday, right?
3 lifted automatically. 3 MR. BOLZ: Yes, ma'am.
4 MR. BOLZ: That's correct, Your Honor. 4 MR. GESTEN: Correct. Right. Your Honor, I
5 THE COURT: Right? 5 believe you were speaking to me, which is why you
6 MR. BOLZ: Yes, Your Honor. 6 are looking at me, yet I'm getting cut off every
7 THE COURT: What other reason would there be 7 single time you ask a question.
8 for the stay? The reason the stay was put in 8 Do I have a chance to respond to Your Honor?
9 place was because, one, an appeal was taken and 9 THE COURT: You do. So this is the
10 then secured by the bond. 10 procedure. So if I'm looking at one attorney and
11 MR. BOLZ: That's correct, Your Honor. 11 asking a question, I will ask him or h~ the
12 THE COURT: Right. So now, the reason for 12 question, and then I'm going to then sa~ this is
13 the stay no longer exists. The reason why this 13 my procedure, I'll inquire of the~ · counsel
14 was put in place. 14 would you like to resp that
15 MR. BOLZ: Right. 15 the Court just aske
16 THE COURT: And so now the stay is lifted. 16 So you may pro ding.
17 The bond should be disbursed to -- 17 MR. GEST N: , the issue is where
18 MR. BOLZ: First American Bank, Your Honor. 18 does the bo , ut ere::1 my full argument
19 THE COURT: No, no. 19 summed up OR the on~ minute that we have left,
20 MR. BOLZ: Yes, ma'am. 20 because that's al rntgetting today despite my
21 THE COURT: Well, that's an issue is who gets 21 dditional time.
22 the -- 22 ure is an equitable proceeding, okay?
23 MR. GESTEN: Does the bond go to -- 1.3 million house that they have
24 MR. BOLZ: That is what is set for next
25 Friday, Your Honor.

1 judgment and sell the property, but are see
2 rather execute on the money judgment,
3 there's a $1.3 million asset to go ag
4 $1.6 million judgment. A 4
5 Your Honor, I believe thaU!fu -goin~ o
6 able to show at an evidenti!!!'X ~ e~ at this
7 is in bad faith, and I nee-01 t~ brinlj y u back a
8 second to be able to arwe'L,/
9 THE COURT: The Court is required, the Trial
10
11 Fourth then to amencl - to address the final
12 jud~ t in the ~ er commanded by the Fourth,
13 ri rt?~
MR. <p;STEN: Correct, and we're not disputing
that. We're saying that should happen. The
ar ·ment in my reply is that the relief they are
mandate.
THE COURT: Okay. Explain.
20 MR. GESTEN: Okay. Because the mandate says
21 this, "On remand, the Trial Court shall modify the
22 foreclosure judgment so as to withhold the setting
23 of the foreclosure sale of the property until the
24 bank certifies that its money judgment remains
25 unsatisfied."
Page 12
Okay. That's the only thing in the mandate
2 or in the opinion, which the mandate is based on,
3 related to this. The amended fmal judgment they
have proposed to you requires the Court to set the
5 sale at the earliest date available upon their
6 request, which is incorrect.
7 It doesn't say that anywhere in the order.
8 That would be in the determination of the Court,
9 which I think we should have argument on based on
10 the fact that the client is residing in the
11 property as to when the sale date would be.
12 Also, the proposed amended judgment includes
13 language related to adjudication of attorney's
14 fees and other issues that are not in here or in
15 the mandate at all. There was one other issue I
16 brought up, Your Honor, in my reply related to the
17
18 THE COURT: All right. We have spent 15
19 minutes on the hearing thus far.
20 MR. GESTEN: Oh--
21 THE COURT: Let me just hear from Mr. Bolz.
22 MR. GESTEN: I have the second issue really
23 quick.
24 THE COURT: We're not going to be able to
25 address that.

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1 MR. GESTEN: Okay. 1 hearing here today. It simply doesn't. The
2 THE COURT: Okay. So Mr. Bolz, you may 2 supersedeas bond will remain down in the court
3 respond. 3 registry pending further order of this Court.
4 MR. BOLZ: Your Honor, I think you hit the 4 THE COURT: Okay. And that's on October
5 nail on the head. The Fourth DCA has entered the 5 12th, correct?
6 mandate, and you have to effectuate that. The 6 MR. BOLZ: Yes, ma'am.
7 Fourth DCA has said that the judgment of 7 MR. GESTEN: Correct.
8 foreclosure needs to be modified. 8 THE COURT: Okay. So this is what I'm going
9 And what the Fourth DCA is saying is that 9 to direct. Number one, send the proposed amended
10 First American Bank, you first try execution on a 10 fmal judgment electronically to the Court. I
11 money judgment. If you're unsuccessful, come back 11 want to review this again in the event at I need
12 to the Court, certify to the Court that we have 12 to make any further modifications. If have any
13 been unsuccessful in full or in part, and at that 13 further questions regarding the conte t o~
14 point in time, request that the house be sold. 14 amended fmal judgment, I'll~ ou all ·
15 And we will do that at some point in time if 15 Friday, October 12th, an~ e w'H be able to
16 we are unable to collect the money judgment, but 16 address it at that ti
17 we are weeks, months away from that kind of relief 17 The Court~ ifi's counsel
18 being asserted. We're simply here to follow and 18 that at this poin m the Fourth
19 to do what the Fourth DCA has told us to do. And 19
20 the language of the Royal Pahn opinion is the 20 in the amen 1udgment is an adrninisterial
21 language that we followed and put into the order 21 need the proposed amended fmal
22 as required by the Fourth DCA, and that's all they 22 ent lectronically sent to me.
23 have done. OLZ: It will be filed, Your Honor.
24 We think that this is a ministerial order, COURT: And then if there is any issue, I
25 and a supersedeas bond has nothing to do with this

Page 16
1 first issue on October 12th. Please send it to e the stay so that we can proceed with execution if
2 today or tomorrow so that I can -- 2 and when you sigu the amended fmal judgment.
3 MR. BOLZ: It will be sent to yo 3 That's all.
4 morning, Your Honor. A 4 MR. GESTEN: How is this a five-minute
5 THE COURT: Okay. Exe€flent. ~ you so 5 motion, Your Honor?
6 much. We'll expand the tim:ihatw~ ve 6 THE COURT: It isn't. All right. I'll
7 available for you on Oc ober 12tt1-)Bfat's fme. 7 review the stay order as well. And then ifl have
8 We'll expand that. 8 additional questions, we'll address it at the top
9 MR. GESTEN: May I just tell you the second 9 of the October 12th hearing, and I'll identify
10 issue? 10 what the questions are.
11 p , you're going to tell me the 11 MR. BOLZ: Thank you very much, Your Honor.
12 secon/j'gsue on 12th. 12 MR. GESTEN: Thank you, Your Honor.
13 &_\GESTEN: On the 12th. Thank you very 13 THE COURT: Thank you. Thank you to the
l~ch, ~ ~onor. 14 parties for being present.
E COURT: All right. Thank you. 15 (Thereupon, the proceedings concluded at 9:06
. BOLZ: Your Honor, we submitted a second 16 a.m.)
order with that, Your Honor, because your November 17
1..--.~---!I,,.
15th order said that the stay would remain in 18
place pending further order of the Court. 19
20 THE COURT: Right, because the second order 20
21 on the stay -- right. 21
22 MR. BOLZ: Right, and the stay is lifted 22
23 automatically by entry of the mandate. And we 23
24 think that in an abundance of caution, we should 24
25 also -- we submitted a second order which lifts 25

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1 CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5
6 I, Jacob Whitaker, Reporter, certify that I
7 was authorized to and did report the foregoing
8 proceedings, and that the transcript is a true and
9 correct transcription of my electronic notes to
10 the proceedings.
11
12 Signed this 1st day of April 2020.
13
14
15
16
Jacob Whitaker, Reporter
17
18
19
20
21
22
23
24
25

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