Filing# 107228928 E-Filed 05/08/2020 10:35:20 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of

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Coral Gables, LLC,

Plaintiff,

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V.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
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PLAINTIFF'S, FIRST AMERICAN BANK, NOTICE TO THE CLERK
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Plaintiff, FIRST AMERICAN BANK, by and through its undersigned counsel, and
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pursuant to Fla. R. App. P. 9.200(a)(2), hereby files its Notice directing the Clerk to include

the following transcripts in the Record on Appeal:

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1. the October 2, 2018 hearing on Plaintiffs Motion to Enforce Decree and to

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Lift Stay Pending Review (in mini format);

2. the October 12, 2018 hearing on Plaintiffs Motion to Enforce Decree and to
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Lift Stay Pending Review and Plaintiffs Motion to Disburse Cash Bond (in mini format);
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3. the December 12, 2018 hearing on Plaintiffs Motion for Clarification of

Orders;

4. the January 9, 2019 Status Conference;

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/08/2020 10:35:20 AM
 5. the January 31, 2019 hearing on Defendants' Verified Motion to Stay (1) the

Execution of the Amended Judgment of Foreclosure Dated October 12, 2018, and (2) the

Several Motions for Attorneys' Fees, Costs and Expenses Pending Resolution of

Complaint to Set Aside Judgment Pursuant to Fla. R. Civ. P. 1.540;

6. the February 20, 2019 hearing on Defendants' Motion to Compel Plaintiff

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First American Bank's Compliance with Court Order Dated December 12, 2018; and

Motion to Strike this Matter from the Trial Docket;

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7. the March 4, 2019 hearing on First American Bank's Motion to Quash

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Subpoenas and for Protective Order (in mini format);

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8. the November 19, 2019 hearing on Plaintiff's, First American Bank,

Supplement to Motion to Tax Expert Witness Fees and Expenses;

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9. the February 12, 2020 hearing on Plaintiff's, First American Bank, Amended
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Application for Sale of Property (in mini format); and

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10. the February 26, 2020 hearing on Plaintiff's, First American Bank, Motion

for Entry of Supplemental Judgments (in mini format).

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Copies of the above-identified transcripts are attached hereto.

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Respectfully submitted,
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KELLER & BOLZ, LLP

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Attorneys for Plaintiff

121 Majorca Avenue, #200
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Coral Gables, FL 33134

Telephone: (305) 529-8500
Telefax: (305) 529-0228
Email: jkeller@kellerbolz.com

By: __s/_J_oh_n_W_._K,_el_le_r,~I_II _ _
John W. Keller, 111
Florida Bar No. 229989

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 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing, Plaintiff's,

First American Bank, Notice to the Clerk, was delivered to: ANDREW D. WYMAN, ESQ.

(andy@wymanlegalsolutions.com), Wyman Legal Solutions, 4800 N. Federal Highway,

Suite 205B, Boca Raton, FL 33431; CHARLES F. RODMAN, ESQ.

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(chuck.rodman@rodmanemploymentlaw.com), Rodman Employment Law, 181 Wells

Avenue, #201, Newton, MA 02459; ALEKSANDRA NOVAKOVICH GONZALEZ, ESQ.

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(foreclosures@ssclawfirm.com), Sachs, Sax, Caplan, Attorneys for Oaks at Boca Raton,

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6111 Broken Sound Parkway, N.W., #200, Boca Raton, FL 33487; and GEOFFREY M.

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CAHEN, ESQ.(geoff@cahenlaw.com), Cahen Law, P.A., 1900 Glades Road, Suite 270,

Boca Raton, FL 33431 via the E-filing Portal on this 8th day of May, 2020.
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KELLER & BOLZ, LLP
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By: __s/~J~oh_n_W_._K,~el~le_r,~l_/1 _ _
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John W. Keller, 111

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 Page 1 Page 2
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
FIRST AMERICAN BANK, 5 Hbolz@kellerbolz com
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
JEFFREY MARC HERMAN, Lake Worth, Florida 33467
10 (833) 346-3587
UNKNOWNTENANT#l, Rgesten@4-justice com
UNKNOWN TENANT #2 and 11 BY: RYAND GESlEN,ESQUIRE

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THE OAKS AT BOCA RATON 12 QUINTAIROS, PRIElD, WOOD & BOYER, PA
9300 South Dadeland Boulewrd, Floor 4
PROPERTY OWNERS' ASSOCIATION, INC., 13 Miami, Florida 33156
Defendants. (305) 670-110 I
I 14 Jkeller@qpwblaw com
Proceedings had and taken place before the BY: JOHN P KELLER, ESQUIRE

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Honorable LISA S. SMALL, one of the Judges of said Also Present:
Court, at the Palm Beach County Courthouse, 205 16
Laurence S Schneider

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North Dixie Highway, West Palm Beach, Florida, on
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Tuesday, the 2nd day of October 2018, commencing Dan Raglin
at the hour ofS:50 a.m, and being a Hearing. 18
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1 (Thereupon, the following proceedings were 1 this motion and another motion filed
2 had:) 2 contemporaneous with this motion.
3 THE COURT: First American Bank versus 3 Also, since the entry of the mandate in this
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4 Laurence Schneider. Good morning.
5 MR. GESTEN: Ryan Gesten on behalf of the
6 Defendant Laurence Schneider, who is present.
7 MR. BOLZ: Henry Bolz with the firm of Keller
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4 case, today is actually the first time I have had
5 a chance to meet with my client to discuss the
6 matter due to a death in his family. Also,
7 fmally, Your Honor, good news, bad news.

8 & Bolz along with -- I've got Dan Raglin, 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 me. 10 that for the last month I have been spending all
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11 THECOURT: Goodmoming. Goodmomingto 11 of my time really working on that and have been
12 you all. 12 unable to address this in a manner as it should be
13 MR. GESTEN: Your Honor, may I approach? 13 addressed.
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14 THE COURT: Sure. 14 Your Honor, I do apologize to the Court. It

15 MR. GESTEN: Your Honor, yesterday morning, I 15 should have been served five days in advance so
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16 filed the reply in opposition to today's motion. 16 that you could be prepared for today's hearing.
17 I know I did not comply with the five days in 17 During that month, and I'll make it very brief, I
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18 advance notice. As required, I did contact your 18 apologize, I did speak with Mr. Bolz's partner,
19 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
2 with everyone here. See, when there is a
3 representation that there is only one 15-minute
4 hearing available in the whole calendar year
5 remaining, that may be because you have other
6 obligations and conflicts, attorneys, and not
7 because there's only 15 minutes left in the
8 calendar. And the calendar is constantly
9 changing, so if there is any issue with fmding
10 time, please call my judicial assistant, please
11 come to uniform motion calendar.
12 So for example, this week, we're conducting
13 non-jury hearings. So today we have an all-day
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1 access and to be able to assist all the cases as
2 best we can with one thousand
3 three-hundred-and-something cases assigned to the
4 division, and every case, in our view, should be
5 treated equally.
6 Mr. Bolz, can we --
7 MR. BOLZ: Your Honor, we're hear to
8 implement the Fourth District Court of Appeals'
9 mandate. This is a ministerial act. There is
10 really nothing to this. The Fourth District
11 required us to insert some language in one of the
12 two judgments that we got. We have prepared that
13 language. We have given you an order with that

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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 implement the mandate,
16 following day, different blocks of time because 16 and I don't even think we needed a hearing for
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17 we're doing non-jury. this motion here today, but Mr. Gesten requested
18 And we have been trying to offer the time to 18 that we have one. If I may approach, Your Honor?
19 cases that need it. So please, if this is going 19 THE COURT: Sure.

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20 to take more than a total of 10 minutes, I can 20 MR. BOLZ: Your Honor, we've got the Fourth
21 hear you tomorrow. I can hear you on Thursday. 21 DCA mandate, which is highlighted. We have the
22 You can have an hour of time if you need it. You 22 language from Royal Palm, which is lighted, and we

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23 can have a half- hour of time if you need it. 23 have our language in the amended judgment, which
24 But I did feel it's important to address the 24 is highlighted. And they flow from the Fourth
25 issue of scheduling because we aim to provide 25 District opinion to the case to the judgment.
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1 And candidly, we think that this, the 1 releasing the bond, Your Honor.
2 mandate, needs to be enforced. And basically, the 2 THE COURT: Or lifting the stay? But all the
3 Fourth District Court of Appeal has indicated 3 bond did was secure the stay.
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4 what's going to happen, and it should happen. 4 MR. BOLZ: Correct.

5 There is nothing -- we don't believe there is 5 MR. GESTEN: That's correct, Your Honor.
6 anything to be talked about with respect to this 6 THE COURT: So now the appeal is over.
7 motion. 7 MR. BOLZ: Is over.
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8 MR. GESTEN: Your Honor, we have a special- 8 THE COURT: The mandate is issued.
9 set on October 12th on a motion 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
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11 motion to distribute the cash bond. The two 11 then you release the bond.
12 actions are inconsistent. 12 MR. GESTEN: That is correct. But the
13 The case law that they cited was Superior 13 problem is that they are trying to do both, and
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14 Garlic International v. E&A Produce Corporation, 14 the case that they cite in their motion says they
15 934 So.2d 484, which says that they have a choice 15 have a choice. So if you grant their motion
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16 where they can either lift the stay or proceed 16 today, I'm going to file an objection tomorrow
17 against the bond. They are attempting to do both, 17 that you granted the motion today and we don't
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18 and they are attempting to do it by way of setting 18 need the October 12th hearing because --
19 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.
2 THE COURT: If I've got a stay-- the stay is
3 lifted automatically.
4 MR. BOLZ: That's correct, Your Honor.
5 THE COURT: Right?
6 MR. BOLZ: Yes, Your Honor.
7 THE COURT: What other reason would there be
8 for the stay? The reason the stay was put in
9 place was because, one, an appeal was taken and
10 then secured by the bond.
11 MR. BOLZ: That's correct, Your Honor.
12 THE COURT: Right. So now, the reason for
13 the stay no longer exists. The reason why this
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1 THE COURT: So then I address that next
2 Friday, right?
3 MR. BOLZ: Yes, ma'am.
4 MR. GESTEN: Correct. Right. Your Honor, I
5 believe you were speaking to me, which is why you
6 are looking at me, yet I'm getting cut off every
7 single time you ask a question.
8 Do I have a chance to respond to Your Honor?
9 THE COURT: You do. So this is the
10 procedure. So if I'm looking at one attorney and
11 asking a question, I will ask him or her the
12 question, and then I'm going to then say, this is
13 my procedure, I'll inquire of the opposing counsel

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14 was put in place. 14 would you like to respond to the questions that
15 MR. BOLZ: Right. 15 the Court just asked, okay?
16 THE COURT: And so now the stay is lifted. 16 So you may proceed with responding.

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17 The bond should be disbursed to -- 17 MR. GESTEN: Your Honor, the issue is where
18 MR. BOLZ: First American Bank, Your Honor. 18 does the bond go, but here is my full argument
19 THE COURT: No, no. 19 summed up on the one minute that we have left,

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20 MR. BOLZ: Yes, ma'am. 20 because that's all I'm getting today despite my
21 THE COURT: Well, that's an issue is who gets 21 request for additional time.
22 22 Foreclosure is an equitable proceeding, okay?

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the --
23 MR. GESTEN: Does the bond go to -- 23 We have a $1.3 million house that they have
24 MR. BOLZ: That is what is set for next 24 stipulated to the value of that house. They are
25 Friday, Your Honor. 25 asking the Court to not execute on the foreclosure
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1 judgment and sell the property, but are seeking to 1 Okay. That's the only thing in the mandate
2 rather execute on the money judgment, even though 2 or in the opinion, which the mandate is based on,
3 there's a $1.3 million asset to go against their 3 related to this. The amended fmal judgment they
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4 $1.6 million judgment.
5 Your Honor, I believe that I'm going to be
6 able to show at an evidentiary hearing that this
7 is in bad faith, and I need to bring you back a
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4 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 second to be able to argue it. 8 That would be in the determination of the Court,
9 THE COURT: The Court is required, the Trial 9 which I think we should have argument on based on
10 Court is required to follow the mandate of the 10 the fact that the client is residing in the
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11 Fourth then to amend -- to address the final 11 property as to when the sale date would be.
12 judgment in the manner commanded by the Fourth, 12 Also, the proposed amended judgment includes
13 right? 13 language related to adjudication of attorney's
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14 MR. GESTEN: Correct, and we're not disputing 14 fees and other issues that are not in here or in
15 that. We're saying that should happen. The 15 the mandate at all. There was one other issue I
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16 argument in my reply is that the relief they are 16 brought up, Your Honor, in my reply related to the
17 requesting does not follow the relief in the 17
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18 mandate. 18 THE COURT: All right. We have spent 15

19 THE COURT: Okay. Explain. 19 minutes on the hearing thus far.
20 MR. GESTEN: Okay. Because the mandate says 20 MR. GESTEN: Oh--
21 this, "On remand, the Trial Court shall modify the 21 THE COURT: Let me just hear from Mr. Bolz.
22 foreclosure judgment so as to withhold the setting 22 MR. GESTEN: I have the second issue really
23 of the foreclosure sale of the property until the 23 quick.
24 bank certifies that its money judgment remains 24 THE COURT: We're not going to be able to
25 unsatisfied." 25 address that.

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1 MR. GESTEN: Okay.
2 THE COURT: Okay. So Mr. Bolz, you may
3 respond.
4 MR. BOLZ: Your Honor, I think you hit the
5 nail on the head. The Fourth DCA has entered the
6 mandate, and you have to effectuate that. The
7 Fourth DCA has said that the judgment of
8 foreclosure needs to be modified.
9 And what the Fourth DCA is saying is that
10 First American Bank, you first try execution on a
11 money judgment. If you're unsuccessful, come back
12 to the Court, certify to the Court that we have
13 been unsuccessful in full or in part, and at that
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1 hearing here today. It simply doesn't. The
2 supersedeas bond will remain down in the court
3 registry pending further order of this Court.
4 THE COURT: Okay. And that's on October
5 12th, correct?
6 MR. BOLZ: Yes, ma'am.
7 MR. GESTEN: Correct.
8 THE COURT: Okay. So this is what I'm going
9 to direct. Number one, send the proposed amended
10 fmal judgment electronically to the Court. I
11 want to review this again in the event that I need
12 to make any further modifications. Ifl have any
13 further questions regarding the content of the

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14 point in time, request that the house be sold. 14 amended fmal judgment, I'll see you all on
15 And we will do that at some point in time if 15 Friday, October 12th, and we will be able to
16 we are unable to collect the money judgment, but 16 address it at that time.

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17 we are weeks, months away from that kind of relief 17 The Court does agree with Plaintiffs counsel
18 being asserted. We're simply here to follow and 18 that at this point the direction from the Fourth
19 to do what the Fourth DCA has told us to do. And 19 in the mandate in terms of what is required to be

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20 the language of the Royal Pahn opinion is the 20 in the amended fmal judgment is an adrninisterial
21 language that we followed and put into the order 21 act. So I need the proposed amended fmal
22 as required by the Fourth DCA, and that's all they 22 judgment electronically sent to me.

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23 have done. 23 MR. BOLZ: It will be filed, Your Honor.
24 We think that this is a ministerial order, 24 THE COURT: And then if there is any issue, I
25 and a supersedeas bond has nothing to do with this 25 will hold on it and we will address it as the
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1 first issue on October 12th. Please send it to me 1 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 you this 3 That's all.
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4 morning, Your Honor. 4 MR. GESTEN: How is this a five-minute

5 THE COURT: Okay. Excellent. Thank you so 5 motion, Your Honor?
6 much. We'll expand the time that we have 6 THE COURT: It isn't. All right. I'll
7 available for you on October 12th. That's fme. 7 review the stay order as well. And then ifl have
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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.
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11 THE COURT: No, you're going to tell me the 11 MR. BOLZ: Thank you very much, Your Honor.
12 second issue on the 12th. 12 MR. GESTEN: Thank you, Your Honor.
13 MR. GESTEN: On the 12th. Thank you very 13 THE COURT: Thank you. Thank you to the
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14 much, Your Honor. 14 parties for being present.

15 THE COURT: All right. Thank you. 15 (Thereupon, the proceedings concluded at 9:06
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16 MR. BOLZ: Your Honor, we submitted a second 16 a.m.)

17 order with that, Your Honor, because your November 17
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18 15th order said that the stay would remain in 18

19 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.
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12 Signed this 1st day of April 2020.
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Jacob Whitaker, Reporter

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17:9 y
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502016-CA-00 ...
treated 6:5 yeah 7:25 1:3
trial 5: 14 11 :9
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year4:23 5:4 529-8500 2:4

11:21 yesterday 3: 15
true 17:8 4:9 6
try 3: 19 13: 10 670-11012:13
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( 3 05) 374-0181
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IN THE CIRCUIT COURT OF THE 1 (Thereupon, the following proceedings were had:)
15TH JUDICIAL CIRCUIT IN AND FOR 2 THE COURT: So this is the case First American Bank
PALM BEACH COUNTY, FLORIDA
CASE NO: 502016-CA-009292 3 versus Laurence Schneider and Stephanie Schneider We'll have
DIVISION AH 4 appearance and then we'll proceed with the matters that have
FIRST AMERICAN BANK, as 5 been set And I do know -- I understand that we have an
successor by merger to Bank of 6 additional matter of the Amended Final Judgment I received
Coral Gables, LLC,
Plaintiff, 7 two different forms of the Amended Final Judgment through the
-vs- 8 electronic system So we'll be able to bring that to a
LAURENCE S SCHNEIDER
STEPHANIE L SCHNEIDER 9 conclusion as well today
JEFFREY MARC HERMAN, 10 So let's have appearances
UNKNOWN TENANT #1, UNKNOWN
11 MR BOLZ: Your Honor, Henry Bolz and Sheyla Mesa
TENANT #2, and THE OAKS AT
BOCA RATON PROPERTY OWNERS' 12 from the frrm of Keller & Bolz representing First American

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ASSOCIATION, INC,
13 Bank I have with me the Branch President, Dan Eggland, from
Defendants
-----------~/ 14 First American
15 THE COURT: Good morning
Proceedings had and taken place before the Honorable
16 MR GESTEN: Ryan Gesten of Ryan D Gesten, PA on

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Judge Lisa Small, one of the Judges of said Court, at 205 N 17 behalf of the defendants, Larry and Stephanie Schneider I
Dixie Highway, #1 lC, West Palm Beach, Florida 33401 on Friday 18 have Mr Schneider present in the courtroom, Your Honor

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19 THE COURT: Okay All right Thank you
the 12th day of October, 2018, commencing at the hour of 11: 11
20 So the only issue that remains as it relates to the
am , and being a Hearing 21 entry of the Amended Final Judgment, and the Court is required

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22 to follow the specific mandates of the 4th DCA, the stay is
23 lifted, is Paragraph 4 and it's the issue
24 concern -- so it's the last sentence in Paragraph 4 that's at
25 issue Yes?
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1 APPEARANCES: 1 MR. GESTEN: Your Honor, there are three issues

2 On Behalf of the Plaintiff: 2 with the judgment that I have.
3 KELLER & BOLZ, LLP
3 THE COURT: Well, but the big issue that I
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121 Majorca Avenue, Suite 200

4 Coral Gables, Florida 33134 4 understood, and the focus of the dispute has to do with the
(305) 529-8500 5 verbiage that the Court shall enter an order instructing the
5 hbolz@kellerbolz.com
BY: HENRY H. BOLZ, III, ESQUIRE 6 Clerk of the Court to sell the property at the next available
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6 7 sale date.
KELLER & BOLZ, LLP
8 MR. GESTEN: That was one of --
7 121 Majorca Avenue, Suite 200
Coral Gables, Florida 33134 9 THE COURT: Next sale. Yes.
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8 (305) 529-8500 10 MR. GESTEN: -- that was one of the issues --

smesa@kellerbolz.com
11 THE COURT: Okay.
9 BY: SHEYLA MESA, ESQUIRE
10 On Behalf of the Defendants: 12 MR. GESTEN: -- raised in my reply. Correct.
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11 RYAND. GESTEN, P.A. 13 THE COURT: Right. What are the other issues?
200 South Andrews Avenue, 9th Floor
14 MR. GESTEN: The second issue raised in my reply is
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12 Fort Lauderdale, Florida 33301

ryan@gestenlaw.com 15 that their foreclosure judgment still contains in the
13 BY: RYAN GESTEN, ESQUIRE 16 proposals -- still contains that they would be entitled to a
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14 Also present:
17 deficiency judgment. Then -- Your Honor, I'm tired of this.
15 Daniel C. Eggland, First American Bank Representative
16 18 So I'm not going to sit here and argue and have him snicker
17 19 every single time I say something.
18
20 I'm going to come up to the podium, because I
19
20 21 can't -- this is every hearing with Mr. Bolz --
21 22 THE COURT: Why don't you step up --
22
23 MR. GESTEN: -- that he comments and cuts me off
23
24 24 every single time, Your Honor, and I'm tired of it. I'm
25 25 sorry.

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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 TIIE COURT: Okay. So this is --
2 MR. GESTEN: It's not fair.
3 TIIE COURT: -- all right. I didn't hear it, but
4 there won't be any snickering. And so what will happen is
5 this, when the Court is addressing one attorney that attorney
6 · will address. And then to the extent that there's anything
7 that you're hearing that is objectionable, just make a note of
8 it. You'll have an opportunity to answer the same question or
9 respond, both sides. So we won't have any of that, so. And
10 please, when you are approaching the podium --
11 MR. GESTEN: Yes.
12 THE COURT: -- it's really -- we have a jury trial
Page 7
1 ended up on appeal in the frrst place They had a money
2 judgment for the full entitlement of the amounts received
3 They are not entitled to a deficiency judgment any longer
4 They have their money judgment for which execution has already
5 issued And there's no stay They can go do whatever they
6 want with that
7 If they determine that they no longer wish to
8 proceed on money judgment, and you're going to hear more about
9 this at our second motion today, then they would come back to
10 Your Honor and say we're not going forward on the money
11 judgment We want to foreclose on the property Right? And
12 if the property doesn't satisfy the remaining amounts due,

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13 going on and a personal injury suit. And so I don't want 13 they would then need to seek some amendment But this
14 anyone to be injured here in the middle of the courtroom. We 14 deficiency judgment language must be stricken from the
15 have a lot of equipment that's going to be used for closing 15 foreclosure judgment, because it's only included when a party
16 arguments on Monday. All right. So -- 16 does not seek to liquidate the money judgment at the same time

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17 MR. GESTEN: So, Your Honor, so -- 17 as the foreclosure judgment We're running into two judgments
18 THE COURT: -- let's take it down a notch. 18 again Simply want it deleted That's the second issue that

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19 MR. GESTEN: -- okay. I apologize. 19 was raised by my reply in opposition
20 THE COURT: All right. And so let's address the 20 THE COURT: Okay So that's in -- let's look for it
21 issue at hand. 21 in the Amended Final Judgment

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22 MR. GESTEN: Okay. So the first issue, Your Honor, 22 MR GESTEN: Number 9
23 is correct, as far as the next sale date terms. There's 23 THE COURT: Number 9 Yes
24 absolutely nothing in the appellate court's decision that 24 MR GESTEN: Just kind of delete the last sentence,
25 binds you to set this at the first available hearing. There's 25 including deficiency judgment will resolve the second issue of
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1 nothing in the rule that requires you to set it for the first 1 my reply in opposition
2 available sale date. The initial judgment did not say first 2 THE COURT: So jurisdiction of this action is
3 available sale date. It said sale date. So on that issue, I 3 retained to enter further orders that are proper Period
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4 believe the judgment should simply say, to be set at a sale 4 That's where you want it to end? You don't want--
5 date to be set by the Court. That's it. Just take out the 5 MR GESTEN: Correct, Your Honor
6 language, first available. And that would comply with the 6 THE COURT: -- okay All right Any other issue
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7 appellate court's ruling. 7 with this?

8 THE COURT: Okay. So that's what you believe that 8 MR GESTEN: Yes So now, Your Honor, after we were
9 it should -- the sentence should read: Upon application by 9 here and after I filed the reply in opposition, Plaintiffs
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10 plaintiff, First American Bank, requesting a sale of the 10 counsel now submitted to you a second Amended Proposed Final
11 property and certifying the money judgment -- the monetary 11 Judgment
12 judgment has not been satisfied. This Court shall enter an 12 THE COURT: This is the one I received on October 5?
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13 order instructing the Clerk of the Court to sell the property. 13 MR GESTEN: Correct
14 Period. 14 THE COURT: That's the one I'm working off ofright
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15 MR. GESTEN: Correct, Your Honor. 15 now

16 THE COURT: Okay and all right. And remove the 16 MR GESTEN: Okay So the issue with this judgment
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17 rest. Now-- 17 is basically, they've now come to the Court and they've said,
18 MR. BOLZ: Your Honor, we're -- First American Bank 18 we forgot to liquidate the interest over all this hump and now
19 is amenable to that. That's fine. 19 we want you to include this interest that we failed to,
20 THE COURT: Okay. So done. All right. So thank 20 because there's a year from the entry of the old judgment to
21 you. Done. 21 the time of the entry of the new judgment That's their
22 Next. 22 argument
23 MR. GESTEN: The second issue, Your Honor, is that 23 There's nothing in the appellate court decision that
24 the judgment still contains a clause saying that they would be 24 entitles them to this interest There's also a bunch of bad
25 entitled to a deficiency judgment. This is exactly how we 25 faith issues that we're going to be presenting to the Court on

2 (Pages 5 to 8)

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 this. And basically in a very short, brief sentence of what 1 October 5?
2 this is. They are -- they have the right to foreclose on Mr. 2 MR. GESTEN: Correct.
3 Schneider's home, which they have stipulated to an amount of 3 THE COURT: Right. The one that was sent on October
4 $1.3 million. They are now telling this Court that they don't 4 1 did not have that.
5 want the home today. They want to see what they can collect 5 MR. GESTEN: No. And we would be agreeable to the
6 · on the money judgment. 6 October 1, with the two caveats that I've made in my reply.
7 Why? The only thing I can come up with that -- 7 THE COURT: The one that we sent on October 1 was
8 other than harassment, let's say, would be the fact that 8 the one that was presented to the Court at the UMC. That was
9 they're collecting 6 percent interest on this judgment. So 9 what they wanted the Court to do as a result of the Motion for
10 effectively, they have the 1.3 million-plus from Mr. 10 Entry of the Amended Final Judgment to follow the mandate,
11 Schneider, yet they're going to hold it there so they can 11 right?
12 increase the nwnber they can collect in the sum total by way 12 MR. GESTEN: Correct, Your Honor.

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13 of interest. 13 THE COURT: Okay. I'm following what you've said so
14 So I'm simply asking the Court as to the interest 14 far. So now I'm going to hear the response.
15 issue in the new Amended Judgment that they have proposed, 15 MR. GESTEN: Okay.
16 that you reserve ruling and we'll deal with it at a later 16 THE COURT: Okay.

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17 date. Because there is going to be a nwnber of additional 17 MR. GESTEN: Thank you, Your Honor.
18 motions that we are going to file related to these issues. 18 THE COURT: Sure. You may be seated. Thank you.

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19 TIIE COURT: The earlier judgment continued to earn 19 MR. BOLZ: Your Honor, first of all --
20 interest on that sum, right? 20 THE COURT: Just watch your step. Thank you.
21 MR. GESTEN: Absolutely. 21 MR. GESTEN: Thank you.

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22 THE COURT: Right. Okay. 22 MR. BOLZ: -- with respect to the interest item, it
23 MR. GESTEN: Okay. So now they proposed to you 23 truly is a scrivener's error and we just want the judgment to
24 initially saying it was a ministerial act that you just sign 24 say that the 5.05 percent interest that was entered by this
25 and amend a judgment. 25 Court -- the circuit court back in June 2017, and affirmed on
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1 THE COURT: Well -- 1 appeal, that that interest starts to run from the date that
2 MR GESTEN: And they include the same numbers from 2 the original judgment. Again, it's not -- we're not changing
3 the initial judgment, just like the appellate court advised 3 the interest rate, it's just we're entitled to interest on the
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4 them on 4 judgment from the date that the first -- the fist judgment was
5 THE COURT: -- right 5 entered. That's all we're looking for and it just --
6 MR GESTEN: Then I filed a reply in opposition and 6 THE COURT: That's your -- that's the only revision
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7 now they're seeking more interest Obviously, they thought -- 7 is this, that shall bear interest at the rate of 5.05 percent
8 THE COURT: This -- 8 per year, interest began accruing as of June 26, 2017?
9 MR GESTEN: -- this was very simple, and they 9 MR. BOLZ: -- yes, ma'am.
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10 weren't entitled to it Now all of a sudden they are? 10 THE COURT: That's the only addition. You -- the
11 THE COURT: -- you're saying that the sole task for 11 interest that's on Paragraph 2, you're saying this interest
12 the Court to do is to address the timing of the sale per the 12 amount that was what was on the final judgment?
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13 forced mandate and to make the correction to Paragraph 4, that 13 MR. BOLZ: That was the nwnber that was on the final
14 that's what the 4th directed? 14 judgment. Yes, Your Honor.
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15 MR GESTEN: Correct And if they want to seek 15 THE COURT: So your addition is just stating what
16 their interest, they need to set some kind of an evidentiary 16 the law is, that the interest began accruing as of June 26,
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17 hearing which we'll present the defense that they're not 17 2017?
18 entitled to it They can't just do this by way of motion 18 MR. BOLZ: Yes, ma'am. Yes, ma'am.
19 THE COURT: Okay So -- 19 THE COURT: Okay.
20 MR GESTEN: Which, by the way -- 20 MR. BOLZ: We're not looking for double interest.
21 THE COURT: Yep 21 We're not looking to -- you know, there's no need for an
22 MR GESTEN: -- actually there is no motion There 22 evidentiary hearing. This has already been decided, not only
23 was correspondence to the Court saying, we forgot about 23 by the circuit court but by the appellate court. It's been
24 interest Here's a new amended judgment we want you to enter 24 affirmed and to be re-raised is silly.
25 THE COURT: -- but that's the one that was sent on 25 THE COURT: So now what is -- so I understand the

3 (Pages 9 to 12)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
 Page 13 Page 15
1 response to that issue. 1 THE COURT: -- what is the -- what is the Court
2 So number -- paragraph 9, the deficiency judgment 2 supposed to make in terms of the last sentence? See, it's
3 issue, right? 3 addressing -- it could have stopped.
4 MR. BOLZ: Yes, ma'am. 4 MR. GESTEN: It's explaining -- okay. I apologize,
5 THE COURT: So we've got this -- we got a money 5 Your Honor. Don't mean to cut you off.
6 judgment, we got the foreclosure judgment. The money 6 THE COURT: Yes. So I'm going to read the whole
7 judgment, you go on the money judgment, it's not satisfied. 7 paragraph again and then just wait a moment, but -- one
8 And then you follow paragraph 4 and you apply -- you request a 8 second. I'm a fast reader, but I read it again to address
9 sale date, certifying that the money judgment has not been 9 this, but you're saying that it doesn't say what it says. So
10 satisfied. Then the Court enters an order telling the Clerk 10 I'm going to -- that there's a context to this that needs to
11 to set the sale. Okay. 11 be --
12 MR. BOLZ: Right. 12 MR. BOLZ: Correct.

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13 THE COURT: So now what? 13 THE COURT: -- appreciated. So let me read it
14 MR. BOLZ: Your Honor, and again, if I -- 14 again. Okay. I'm ready.
15 THE COURT: Do you have a case set? 15 MR. GESTEN: Okay. Your Honor, this is not the
16 MR. BOLZ: -- I have a copy of the 4th District 16 appellate court's decision in this case, okay? It's

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17 opinion, Your Honor. 17 unbelievable. Every single time I say something.
18 THE COURT: Yes. 18 MR. BOLZ: How can you say this is not --

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19 MR. BOLZ: And this -- what we've -- what has 19 THE COURT: Wait a minute. I'm -- Mr. Bolz --
20 happened here is that everything that was appealed by Mr. 20 MR. BOLZ: -- I'm sorry. I -- Your Honor --
21 Schneider -- 21 THE COURT: -- so wait a second. Let Mr. --

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22 THE COURT: Okay. 22 MR. GESTEN: I think I can stand somewhere right
23 MR. BOLZ: -- was affirmed. 23 here, so I don't have to have him talking my ear off --
24 THE COURT: Other than to -- so it's saying, 24 THE COURT: We're going to have the deputy in front
25 moreover, once the bank has obtained a foreclosure sale of the 25 of me in a moment. So you both --
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1 property, it cannot collect on the note, other than to pursue 1 MR. GESTEN: -- but, Your Honor, what this
2 the appropriate deficiency amount. 2 sentence is --
3 MR. BOLZ: Yes, correct. So essentially what the 3 THE COURT: Yes.
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4 judge -- what the 4th DCA has told us, number one is the bank 4 MR. GESTEN: -- moreover, once the bank, in quotes,
5 initially starts by collecting its money in judgment. 5 "has obtained a foreclosure sale of the property, it cannot
6 THE COURT: Right. 6 collect, other than to pursue the appropriate deficiency
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7 MR. BOLZ: We made some efforts in that regard. All 7 amount," close quote.
8 right. The 4th DCA said that, it wasn't us. You said that 8 THE COURT: Right.
9 now when that happens and if you're not successful, bank, then 9 MR. GESTEN: But neither real estate -- okay,
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10 certify to Judge Small that you're not having any luck and ask 10 they're citing another case. Okay? Now take one sentence
11 her to go to the second step, which is the foreclosure sale. 11 before that. "The point of this procedure," it says, "this
12 And we will do that in due course. That is our intention. 12 procedure assures that all the bank was free to pursue both
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13 Now it may well be that we will collect the entire judgment, 13 remedies. It will not obtain a recovery that exceeds the
14 the money judgment. And ifwe do, we will not have to come 14 amount of the debt."
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15 back here. Realistically, I don't think that's terribly 15 THE COURT: Right.
16 possible, but it might be. 16 MR. GESTEN: The context is not that this 4th DCA
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17 Once the foreclosure sale goes through, then what 17 Appellate Court in any way is telling this plaintiff that they
18 the 4th District said, you know, we are to -- the bank is 18 have to intend to go collect on a money judgment, as he stated
19 allowed to pursue an appropriate deficiency judgment. And 19 on this record, before going forward for foreclosure.
20 that is all that the proposed or the mended order says in that 20 What the appellate court is telling the plaintiff here is
21 regard. And it is the following that the 4th District Court 21 they have to make an election of remedies. Do they want to
22 of Appeal has told us to do nothing more and nothing less. 22 collect on the money judgment or go for foreclosure?
23 THE COURT: Reply as to this -- 23 Mr. Bolz's statement to this Court, if you took him on
24 MR. GESTEN: The 4th DCA opinion does not say a 24 his word, would mean that he is required to collect on this
25 single word that Mr. Bolz just said. Not a single word. 25 money judgment, and there is nothing in this opinion that

4 (Pages 13 to 16)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
 Page 17
1 requires him to collect on the money judgment rather than ask
2 this Court to vacate the execution on the money judgment and
3 proceed with the sale of the property That is not the
4 appellate court's decision What the appellate court says
5 simply is, you choose to liquidate a judgment on your account
6 ·on the new collection You are allowed to do that, but you
7 can't get execution of that at the same time you're seeking a
8 sale date You just have to elect
9 THE COURT: Right
10 MR GESTEN: So the point is, when they're citing
11 another case, that cite is for the affrrmation of our appeal
12 that they were not entitled to do both of those acts This is
Page 19
1 capitalize bank, so they're referring to the Bank in this
2 case, in quotes, "has obtained a foreclosure sale of the
3 property, it cannot collect on the note, other than to pursue
4 the appropriate deficiency amount " Therefore, according to
5 this opinion by the 4th, the bank does have the right to
6 pursue a deficiency judgment and the -- paragraph 9, including
7 without limitation deficiency judgment is appropriate So
8 that shall be in the Amended Final Judgment
9 Now I'll address the issue concerning the reference
10 to the interest The requested amendment is only stating the
11 law as it relates to when the interest rate would accrue And
12 this amount -- this statement under paragraph 2 of the Amended

PY
13 the issue we want This appellate decision says, all other 13 Final Judgment that's been proposed And I'll read it for the
14 issues we affrrmed, all of the issues the plaintiff won on, 14 record so it's clear "That shall bear interest at the rate
15 are not addressed in anything other than that sentence 15 of 5 05 percent per year Interest began accruing as of June
16 The part that we won on, the defendant won the 16 26, 2017, the date the fmaljudgment was entered" That will

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17 appeal on, is all of this argument And it is -- the context 17 be included
18 of it, is they're telling the Court to ensure that this 18 So what I will do is I do have this proposed Amended

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19 plaintiff doesn't have a double recovery They're not 19 Final Judgment in my electronic system I will strike -- I
20 advising you to include the ability for them to get another 20 will make the necessary revision -- the deletion to paragraph
21 deficiency judgment That's not here Why would the 21 4, consistent with my ruling And this Amended Final Judgment

ED
22 Appellate Court tell you to enter a judgment allowing them a 22 will be issues today
23 deficiency judgment, when they already have a money judgment 23 MR BOLZ: Thank you, Your Honor
24 for the whole debt? It's illogical 24 THE COURT: Okay I thank you
25 THE COURT: They -- all right The Court is ready 25 So now we've got to address the other mater, yes?
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Page 18 Page 20
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1 to rule on this issue 1 MR BOLZ: Yeah, the other matter, which is the
2 I'll start with the issue of whether -- I'm going to 2 Bank's Motion to Disperse the Cash Bond, Your Honor
3 start with paragraph 9 of the proposed Amended Final Judgment 3 THE COURT: Sure
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4 The Court has read the two-page opinion of the 4th DCA in the
5 case of Laurence Schneider versus First American Bank 4th
6 DCA case number 4Dl 7-2239, issued July 25, 2018 In this
case, the 4th DCA reverse to the extent that the judgments
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4 MR BOLZ: And I've just got a few remarks on that I
5 would like to provide to you
6 THE COURT: Okay
MR BOLZ: And that -- lest there be any question

7 7

8 improperly allowed the bank to simultaneously execute on the 8 -- the 4th District Court of Appeal opinion affrrmed the
9 money judgment and foreclose on the appellant's property All 9 bank's judgment in this Court about a year ago in all aspects,
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10 other issues, the 4th affrrmed 10 except for the sequencing, which we just dealt -- you just
11 The whole focus and whole point of amending this 11 dealt with, Your Honor Moreover, First American Bank filed a
12 fmal judgment is to ensure that the bank can't simultaneously 12 Motion for Attorneys' Fees in the 4th DCA and as a frrm -- as
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13 execute on a money judgment and a foreclosure judgment The 13 a prevailing party, the Court rewarded us entitlement to those
14 4th DCA set forth the sequence that is allowable I'll issue 14 fees, remanded it back You're going to have to rule on that
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15 the mandate to have them quote, "amend the judgment 15 shortly

16 accordingly " The primary judgment in the foreclosure 16 Mr Schneider also filed a Motion for Attorneys'
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17 judgment included the right to pursue a deficiency 17 Fees and claimed that he was a prevailing party and the
18 MR BOLZ: Yes, ma'am 18 judge -- the 4th DCA, I apologize, on August 22nd, denied that
19 THE COURT: That has not been reversed by the 4th 19 motion He was not the prevailing party He is not entitled
20 DCA And, indeed, in this last paragraph in this last 20 to attorney's fees on appeal Full stop Period The end
21 sentence, the Court, when it says -- well, we start with the 21 So we won the appeal
22 sentence before where it -- when it addresses the timing: 22 We're here today on the amount of the superseded --
23 "This procedure assures that while the Bank was free to pursue 23 the disperse of supersedeas bond
24 both remedies, it will not obtain a recovery that exceeds the 24 With respect to that, Your Honor, I've got the Fodor
25 amount of the debt Moreover, once the Bank," and they 25 case, which I've cited in our Motion to Disperse --

5 (Pages 17 to 20)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
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1 THE COURT: Right. You gave it to me in advance.
2 I read it. I read it. Yeah, I have it.
3 MR. BOLZ: Yes, ma'am. I want to published then two
4 other cases, Your Honor.
5 THE COURT: Okay.
6 MR. BOLZ: Well, first off, what Fodor says is "The
7 purpose of conditioning a stay pending review on posting bond
8 is to insure the payment of a judgment creditor," FAB is the
9 judgment creditor, "in the full amount of the order on appeal,
10 including interest, in the event the appeal is unsuccessful."
11 The appeal was unsuccessful.
12 Judge, Pabian v. Pabian, which is the 4th District Court
Page 23
1 the way of that being done at this point in time.
2 Do you have any questions, Your Honor? If you do,
3 I'll be happy to answer them But that's my position.
4 THE COURT: So I received the response by Defendant
5 that the position -- one of the positions taken is that the
6 plaintiff would have to elect between collecting the bond and
7 collecting on the judgment. What is your response to that?
8 MR. BOLZ: I think that, again, Your Honor, I think
9 the election remedies, it was addressed in the first part of
10 this hearing, and that is it's not an election ofremedies
11 and, you know, perhaps Mr. Schneider would like it if the bank
12 would agree to forego it's right to foreclosure sale. We are

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13 of Appeal, 469 So.2d. 189, states "The guiding principle in 13 not foregoing that right. It's just a matter of sequencing.
14 setting a supersedeas bond is to protect the party in whose 14 So sequence one is collect the money judgment, which is the
15 favor judgment was entered by assuring its payment in the 15 bond. And then step two, if we're not successful, we will
16 event the judgment is affirmed on appeal." This judgment was 16 then be able to have the foreclosure sale. And step three, if

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17 affirmed on appeal. We are entitled to 17 there's still a deficiency, we can collect that. And that's
18 be -- to that. 18 the way it's supposed to go. There is no election of

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19 Now the supersedeas bond came about as a result of 19 remedies. It is the double tracking, if you will, of the two
20 this Court's November 15, 2017, stay order. I don't know if 20 judgments, which the 4th District Court of Appeal affirmed
21 you Judge has it in front of you. I've got a clean copy that 21 that --

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22 I'm happy to hand to the bailiff. 22 THE COURT: Right. That was one of the key issues
23 THE COURT: Yes, please. Thank you. 23 on appeal.
24 MR. BOLZ: And I direct your attention to your 24 MR. BOLZ: -- it's just a matter of putting them in
25 order, which at paragraph 5 says that all judgments and 25 order. And that's -- so there is no election ofremedies
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Page 22 Page 24
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1 amended judgments entered in this matter are hereby stayed. 1 here That is a -- you know, we haven't seen any law on
2 That's the money judgment, the judgment of foreclosure, all of 2 that And it's just -- it's not -- then I'm -- it just
3 them Paragraph 7, defendants are required to post the 3 doesn't -- it doesn't fly We're entitled to the $115,000 in
ER

4 supersedeas bond in the amount of $115,000. That bond was 4 accordance with the very straightforward supersedeas bond
5 posted on November 22nd. 5 under the State of Florida
6 If I may also, Your Honor, ask the bailiff to 6 THE COURT: Response
provide me just with a list of the judgment amount -- the Thank you
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7 7

8 judgment and the interest. So some mathematical calculations, 8 MR GESTEN: I don't even know where to start, Your
9 Your Honor. Between the time that the judgment was entered 9 Honor I must be missing something Maybe the Court can help
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10 back in June of2017 and today, interest has accrued on this 10 me out This appellate decision is affirmed in part and
11 judgment in the amount of$106,349 32. That's not attorney's 11 denied in part, yet Mr Bolz comes up here and tells you over
12 fees. That's interest alone, which is it's -- the closeness 12 and over again that they won on all issues
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13 between the I 06 and the 115 is striking and I think it's 13 What's the affrrmed in part? What was affrrmed in
14 important. And basically, to protect the bank from this 14 part was the exact opposite of what Mr Bolz argues in his
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15 appeal, which turned out to be improvidently pursued, they 15 motion Paragraph 11 of Mr Bolz's motion is, in its opinion
16 lost, that we are at the point where we are entitled to the 16 the 4th District Court of Appeal detennined that this Court
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17 $115,000 as part of our collection of our money judgment and 17 appropriately entered both judgments, but that the chalkboard
18 that's Step I, collect the money judgment. It was $115,000, 18 should have allowed the bank to simultaneously execute on the
19 which it posted to secure and to preclude us from executing 19 money judgment in the foreclosure of appellant's property
20 for the last year. And therefore, we are entitled to the 20 Okay
21 $115,000 without any question. 21 Let's take a look at the actual decision Here we
22 And, Your Honor, I have an order that I think should 22 fmd that the trial court erred in entering two judgments
23 be entered by the Court, very straightforward, dispersing the 23 They didn't win everything They may have won their
24 $115,000, or directing the -- I'm sorry, directing the Court 24 attorney's fees and we may have lost our attorney's fees, but
25 to disperse the $115,000 and there's nothing that stands in 25 the Appellate Court decision was affrrmed in part, denied in

6 (Pages 21 to 24)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
 Page 25
1 part.
2 We won that they're not entitled to execution on the
3 money judgment at the same time as foreclosing on the
4 property. And if Your Honor may recall, and I know it's a lot
5 back now, almost a year, when I was hired right before the
6 ·estate hearing that resulted in that bond, the Notice of
7 Appeal had been filed by my client pro se. And a Notice of
8 Appeal was appealing only the foreclosure judgment. And I
9 came before Your Honor and said, I don't know. Only thing
10 that I believe that's up on appeal is the foreclosure judgment
11 and I may have to fix it.
12 Mr. Bolz stipulated that it was on all judgments and
Page 27
1 $106,349 could not be more wrong They took the value of the
2 fmal judgment in sum total and calculated interest on it
3 That's interest on interest It's a FDCPA violation It's a
4 Florida Consumer Collection Practices Act violation And most
5 importantly, it's a violation of Florida law
6 Judgments do not bear interest on the interest in
7 the judgment We're at much less than $106,000, Your Honor
8 There is no reason why they should get $115,000, allow
9 interest to continue to accrue on these judgments, and sit on
10 a lien on a home that they're not foreclosing on It is
11 completely inequitable I've never seen a bank come to a
12 court and say 1 3 million, I don't want it right now That's

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13 then asked you for -- to require us to post a bond to -- to 13 all, YourHonor
14 post a bond to stay both judgments separately. He wanted two 14 THE COURT: Okay I have a question for Plaintiffs
15 separate bonds on the two separate judgments. 15 counsel Can you please address the language in Superior
16 THE COURT: And entered only one. 16 Garlic v E & A Produce found on Page 2 of the opinion, bottom

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17 MR. GESTEN: And he entered only one. 17 right side, paragraph: "Upon issuance of a mandate, an
18 THE COURT: Um-hmm (affirmative). 18 automatic stay resulting from the posting of a supersedeas

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19 MR. GESTEN: And what that bond did was stay of the 19 bond is automatically lifted, and the judgment creditor has
20 sale. We go up on appeal and the appellate court very clearly 20 the right to either execute on the judgment or proceed against
21 says, the trial court heard by entering two judgments, 21 the supersedeas bond "

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22 affirmed in part. So we get the bond on that issue alone. 22 MR BOLZ: Yes, Your Honor I'm happy to address
23 The bond, nothing to do with that. We get the bond released 23 that And it is the facts of Superior Garlic are that we're
24 to us because, rightfully so, the property wasn't sold pending 24 talking-- this was an attorney's fee judgment of$9,123 The
25 the appeal. Okay. Now we come back, and they say, well, we 25 supersedeas bond was posted in the full amount of the
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Page 26 Page 28
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1 get the bond We get to do everything 1 attorney's fee award. And so in that case, this court was
2 They rely on a case, Superior Garlic International 2 saying, whatever path ofleast resistance, whichever is
3 v E & A Produce Corporation, 3rd District Court of Appeal, 3 easiest to collect it, you can go that route. One or he
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4 934 So 2d 484 And very short case I mean, the case was
5 only three paragraphs of discussion It says "The mandate of
6 an appellate court is a fmal judgment in the cause, and
compliance, therewith, is a ministerial act to be performed by
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4 other. You can't double collect it is all it's saying. I
5 think the language in that sentence is a little awkward, but I
6 think that hit is clear that it's a much different situation.

7 7 Where in this case, where we have --

8 the court " And it cites Nicholson v Ariko "Upon issuance 8 THE COURT: The bond had not well exceeded in
9 of a mandate, an automatic state resulting from the posting of 9 Superior--
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10 the supersedeas bond is automatically lifted, and the judgment 10 MR. BOLZ: -- I'm sorry?
11 creditor has the right to either execute on the judgment or 11 THE COURT: Well, the amount owed in Superior
12 proceed against the supersedeas bond " 12 Garlic?
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13 They filed motions for both at the same time This 13 MR. BOLZ: There are two attorney's fee judgments,
14 isn't a sequencing issue And, Your Honor, actually the 14 Your Honor.
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15 motion I'm preparing right now where they're staying they 15 THE COURT: Right. There are two attorneys --
16 think that Mr Schneider doesn't want the house taken, they 16 MR. BOLZ: It's the Turkey Little case.
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17 couldn't be more wrong We want the house taken We're going 17 THE COURT: -- right. Two attorney's fee
18 to ask your Court to -- ask Your Honor to force the sale of 18 judgments. Okay.
19 this property so we can take off any percent of the balance of 19 MR. BOLZ: The first--the lower one, the 9,100 one
20 the judgment that's collecting interest at 5 percent per year 20 is the one that was bonded out.
21 Right now the way that it's going, at $1 3 million, he's 21 THE COURT: Right.
22 running up $60,000 a year in interest by them not taking the 22 MR. BOLZ: And then the court -- so the court
23 house We want them to take the house 23 said -- it was interesting, you even warned us, because the
24 Moreover, Your Honor, the interesting issue that Mr 24 other attorney's fee judgment went the other way. So the
25 Bolz brings to you that he says the interest at 5 5 percent is 25 other side -- and the other side wanted to do a set off and

7 (Pages 25 to 28)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
 Page 29
1 said wait. This isn't -- we shouldn't have to do this.
2 THE COURT: Um-hmm (affirmative).
3 MR. BOLZ: And the court said, no, no, no. You're
4 entitled to -- so basically collect your $9,100 either way.
5 You can execute or proceed on the bond. And what we're doing
6 •is we're -- as part of our execution, we're proceeded on the
7 bond. It's not the or. It's not a disjunctive error.
8 THE COURT: Um-hmm (affirmative).
9 MR. BOLZ: It works together. Superior Garlic does
10 not preclude the bank's ability to collect on the supersedeas
11 bond.
12 THE COURT: The Court rules as follows on the Motion
Page 31
1 Geiszler, G-E-1-S-Z-L-E-R, 958 So 2d 446, 2nd DCA, 2007 and
2 then Superior Garlic International, Inc v E & A Produce
3 Corp, 934 So 3d 484, 3rd DCA, 2004 Fodor, "The purpose of
4 conditioning a stay pending review on posting a bond is to
5 ensure the payment to the judgment creditor of the full amount
6 of the order on appeal, including interest, in the event that
7 the appeal is unsuccessful "
8 The amount in this case -- well, it was $115,000,
9 which was the difference between the amount of the judgment
10 and what was stipulated to be the fair market value of the
11 property, right?
12 MR BOLZ: No, ma'am

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13 to Disperse the Bond. 13 THE COURT: No Wait, wait No
14 MR. GESTEN: Your Honor, may I just address that one 14 MR BOLZ: There's a third factor in there
15 comment? 15 THE COURT: Oh, and then the interest they --
16 THECOURT: Youmay. 16 MR BOLZ: No, no No No

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17 MR. GESTEN: Okay. So I love the argument and I 17 THE COURT: -- no? No?
18 think it might be dispositive -- 18 MR BOLZ: Mr Schneider had said apparently --

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19 THE COURT: Um-hmm (affirmative). 19 frrst --
20 MR. GESTEN: -- if that's what the case said. But 20 THE COURT: We also estimated I 3 million as what
21 as you noted in the 4th DCA Appellate decision of this case -- 21 the value of the property was at that time

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22 I mean, this case with capitalist. 22 MR BOLZ: -- Correct Correct, Your Honor
23 THE COURT: Right. Right. 23 THE COURT: Right
24 MR. GESTEN: Right? Superior Garlic's judgment 24 MR BOLZ: But the judgment is -- was still a
25 creditor -- 25 million, six --
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Page 30 Page 32
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1 THE COURT: Right. 1 THE COURT: It was 1.6, yes.

2 MR. GESTEN: -- is lower case. They're not talking 2 MR. BOLZ: -- okay. So there's a $211,000 swing,
3 about the judgment creditor in this case. They're just 3 because in this courtroom --
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4 talking about any judgment creditor. 4 THE COURT: It had to do with the attorney.
5 THE COURT: Right. 5 MR. BOLZ: -- Mr. Schneider said that we had put
6 MR. GESTEN: Right. So it's not specific to the 6 that amount of attorney's fees --
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7 facts of this case. It's not specifically in this case 7 THE COURT: The attorney's fees.
8 because of the facts we recited here forthwith. 8 MR. BOLZ: -- [unintelligible] of our judgment.
9 THE COURT: Okay. I understand. They're stating a 9 MR. BOLZ: He took that up on appeal, lost it, Your
A

10 general principle. 10 Honor.

11 MR. GESTEN: Correct. Okay. 11 THE COURT: Right. I saw that.
12 THE COURT: Right. 12 MR. BOLZ: And -- and so the bond rightly should
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13 MR. GESTEN: But that wasn't the argument presented. 13 have been $300,000, but that's water over the dam. We're here
14 I just wanted to point that out. 14 today--
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15 THE COURT: Okay. I understand. 15 THE COURT: But what --

16 MR. GESTEN: Thank you, Your Honor. 16 MR. BOLZ: -- on $115,000.
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17 THE COURT: Yes. The general principle and then -- 17 THE COURT: Right. The math was the -- we were a
18 MR. GESTEN: The general principle is that -- 18 $1.3, with a $1.6, but took out the $212,000 for the
19 THE COURT: -- that's -- 19 attorney's fees and that was the $115,000. Okay. But I think
20 MR. GESTEN: -- you may either execute on the 20 where the Court was going with this --
21 judgment or proceed -- 21 MR. BOLZ: I'm sorry.
22 THE COURT: Right. 22 THE COURT: -- and this follows -- the amount of the
23 MR. GESTEN: -- against the bond. 23 bond was not -- that the total amount was not the amount of
24 THE COURT: Based upon the following authorities, 24 the money judgment, right?
25 the Court rules on the Motion to Disperse Cash Bond. Fodor v. 25 MR. BOLZ: Well, I think it was designed -- I think

8 (Pages 29 to 32)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
 Page 33
1 that you designed to come up with a bond --
2 TIIE COURT: I came up with a bond that was a lot --
3 but that was low -- that was lower.
4 MR. BOLZ: -- yes, ma'am. Right.
5 THE COURT: -- that's where I'm going with this.
6 · That was significantly lower than --
7 MR. BOLZ: Exactly.
8 THE COURT: -- if you were going to go post the bond
9 and get an automatic stay of a bond -- of an appeal.
10 MR. BOLZ: Correct. Yes. Yes, ma'am.
11 THE COURT: But stay based upon appeal. And that
12 was based upon all of what argued to the Court during the
Page 35
1 in the due course. As it relates to that appellate
2 attorney's fees issue, you'll need to confer -- file the
3 appropriate motions and then confer and the time that you'll
4 need. And then I do have the detailed Attorney Fee Hearing
5 Order that many of the other divisions are utilizing. So
6 that's how we would proceed on those -- on that issue. Okay.
7 MR. BOLZ: In thinking about that, Judge, I haven't
8 thought -- but we're thinking a full-day hearing on both the
9 trial fees -- fees at trial?
10 THE COURT: Yep. That's fine.
11 MR. BOLZ: After the two-day appeal on the
12 appellate. And we handle them, I think, on Monday.

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13 hearing. Okay. So I didn't mean to cause an issue by making 13 THE COURT: Right. We handled those on the non-jury
14 an observation, but the bottom line is this bond was a whole 14 docket that's blended with the jury docket and there's a
15 lot lower than what you would have to post when you go and 15 procedure and plenty of time to do discovery.
16 automatically post. Right. All right. 16 MR. BOLZ: We would also avail ourselves of that,

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17 So now getting to the next case which was the 17 Your Honor.
18 Superior Garlic case. Upon looking at that case, which does 18 THE COURT: Okay. And there's a detailed procedure

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19 have some distinguishing facts from this case, the Court finds 19 that we have to address those matters. So we've concluded
20 that based upon the purpose of the bond and the purpose of 20 everything that we set for today.
21 this bond in this case, the Court is granting the Motion to 21 Thank you for your vigorous advocacy and for your

ED
22 Disperse the Cash Bond to the plaintiff. The plaintiff did 22 patience.
23 prevail on appeal, in terms of the final judgment was affirmed 23 MR. BOLZ: Thank you, Your Honor.
24 in all respects, with the exception of the sequencing of 24 THE COURT: I know we started your hearing late.
25 execution on the money -- on being able to execute on the 25 Have a good rest of your day, gentlemen.
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Page 34 Page 36
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1 money judgment and seek a foreclosure sale at the same time. 1 MR. GESTEN: Thank you, Your Honor.
2 So the Court is granting the motion. This amount now will 2 THE COURT: Sure. Okay.
3 come off of the -- 3 (Thereupon, the hearing was concluded at 12:02 p.m)
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4 MR. BOLZ: Both judgments, Your Honor. 4

5 THE COURT: -- both final judgments. 5
6 MR. BOLZ: Yes, ma'am. 6
7
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THE COURT: So do you wish for the Court to do the 7

8 math and take it off the final judgment -- or it just comes in 8
9 as a satisfaction -- 9
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10 MR.BOLZ: I think it just comes in as a partial 10

11 satisfaction. 11
12 THE COURT: -- a partial satisfaction. All right. 12
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13 So the direction is as follows. The cash bond will 13

14 be dispersed to Plaintiff. The plaintiff, upon receipt of the 14
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15 cash bond, shall fill a partial satisfaction of the amended 15

16 final judgment. 16
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17 MR. BOLZ: And that foreclosure. 17

18 THE COURT: And the foreclosure -- as to both 18
19 judgments, correct. Partial satisfactions as to both. And 19
20 you'll do that in a timely fashion. Okay. 20
21 So let me review this proposed order. All right. 21
22 This is accurate with the Court's ruling. The Court is 22
23 entering it today. Now this brings our hearing to a close. 23
24 If there are further motions that need to be brought 24
25 to the Court's attention, just file them and we'll handle them 25

9 (Pages 33 to 36)
JULIO A. MOCEGA & ASSOCIATES (305) 374-0181
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1 CERTIFICATE OF REPORTER
STATE OF FLORIDA
2
COUNTY OF PAIM BEACH
3
4
I, Jacob Whitaker, Court Reporter, certify that
5
I was authorized to and did report the hearing of First
6
American Bank, as successor by merger to Bank of Coral Gables,
7
LLC vs Laurence S Schneider, Stephanie L Schneider, Jeffrey
8
Marc Herman, Unknown Tenant #1, Unknown Tenant #2 and The Oaks
9
at Boca Raton Property Owners' Association, Inc ; and that the
10
transcript is a true and correct record of my notes
11

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I further certify that I am not a relative,
12
employee, attorney, or counsel of any of the parties, nor am!
13
a relative or employee of any of the parties' attorneys or
14

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counsel connected with the action, nor am I financially
15
interested in the action

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16
Dated this 26th day of October 2018
17
18
19

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Jacob Whitaker, Court Reporter
20
21
22
23
24
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25
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A
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10 (Page 37)
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A 17:20 3:14 6:10,18 17:4,4,13,22 28:1 32:6,7

a.m (1) advocacy (1) 18:5 20:11 24:10,25 25:20 attorney's (10)
1:19 35:21 37:6 26:6 29:21 20:20 22:11
ability (2) affirmation (1) amount (23) 35:1,12 24:24,24 27:24
17:20 29:10 17:11 9:3 12:12 14:2 application (1) 28:13,17,24
able (3) affirmative (4) 16:7,14 18:25 6:9 32:19 35:2
3:8 23:16 33:25 25:18 29:2,8,19 19:4,12 20:22 apply (1) attorneys (2)
absolutely (2) affirmed (15) 21:9 22:4,7,11 13:8 28:15 37:13
5:24 9:21 11:25 12:24 27:25 28:11 appreciated (1) Attorneys' (2)
account (1) 13:23 17:14 31 :5,8,9 32:6 15:13 20:12,16
18:10 20:8 32:22,23,23 approaching (1) August (1)

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17:5
accrue (2) 21:16,17 23:20 34:2 5:10 20:18
19:11 27:9 24:10,13,13,25 amounts (2) appropriate (6) authorities (1)
accrued (1) 25:22 33:23 7:2,12 14:2,19 16:6 30:24

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22:10 ago (1) Andrews (1) 19:4,7 35:3 authorized (1)
accruing (3) 20:9 2:11 appropriately ... 37:5

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5.5 (1)
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502016-CA-00 ...
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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to
Bank of Coral Gables, LLC,

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Plaintiff,

-vs-

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LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,

Defendants.

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- - - - - - - - - - - - - - - - - - - - - -I
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Proceedings had and taken place before the Honorable
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Judge Lisa Small, one of the Judges of said Court, at 205

North Dixie Highway, West Palm Beach, Florida, 33401 on

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Wednesday the 12th day of December, 2018, commencing at the

hour of 8:58 a.m., and being a Hearing.

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JULIO MOCEGA & ASSOCIATES 305-374-0181

 2
1 APPEARANCES:

2 On Behalf of Plaintiff:

3 Keller & BOLZ, LLP

121 Majorca Avenue, Suite 200
4 Coral Gables, Florida 33134
(305)529-8500
5 hbolz@kellerbolz.com
BY: HENRY H. BOLZ, ESQUIRE

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6

7 On Behalf of Defendants:

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8 LAURENCE S. SCHNEIDER, PRO SE

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9

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10

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13

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15

16
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17
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21

22

23

24

25

JULIO MOCEGA & ASSOCIATES 305-374-0181

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1 (Thereupon, the following proceedings were had:)

2 THE COURT: Let's have the appearances and

3 then we'll proceed.

4 MR. BOLZ: Good morning, Your Honor. Henry Bolz

5 from the law firm of Keller & Bolz for the Plaintiff, First

6 American Bank.

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7 MR. SCHNEIDER: Larry -- Lawrence Schneider, pro

8 se, for myself.

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9 THE COURT: For yourself. All right. So welcome

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10 back to court. I did ready the motion for clarification as

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11 it relates to the deadlines and the request by the Plaintiff

12 was to -- I have you set right now for the hearing on a

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13 docket that is in February. The February docket starts on

14 February 4. The suggestion by Plaintiff is that the

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15 deadlines that apply to that order conflict with the omnibus

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16 deadlines that I extended.

17 My intention was to extend the deadlines out so

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18 that the later dates would apply but I understand from the
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19 Plaintiff's motion that it would be most reasonable that's

20 their position to not be on the February docket, but

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21 rather push it to March docket so that we have a more

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22 reasonable progression given the intervening holidays and the

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23 tasks that are required to be done in advance of the hearing.

24 MR. BOLZ: Specifically, that's exactly right

25 because both Mr. Schneider's deadline to get a new attorney

JULIO MOCEGA & ASSOCIATES 305-374-0181

 4
1 is December 21st, and the deadline to respond to our

2 attorney's fee by an itemized objection is also due on the

3 21st. I saw that as a collision. I didn't want to go

4 through a series of emergency hearings over the holidays. So

5 we looked at it. We're not looking to push this back. We

6 want to keep it moving. But with that said, we felt that it

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7 would just be a lot easier for everyone and the Court if we

8 pushed off just the attorney's fee hearing to March, and

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9 that's why we suggested that.

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10 THE COURT: Do you have an objection to delaying

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11 the attorney fee hearing until March?

12 MR. SCHNEIDER: I didn't have any objections.

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13 From my conversation with Mr. Bolz, you know, he said I

14 didn't understand fully the omnibus motion, and I still

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15 don't. And --
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16 THE COURT: That order just --

17 MR. SCHNEIDER: But that's okay. But

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18 THE COURT: The order, all it does it extend

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19 deadlines.

20 MR. SCHNEIDER: I understand a little bit now. And

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21 so Mr. Bolz said this way it kicks everything down the road
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22 30 days. There's not going to be any issues that could come

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23 up, and I understood that part. But through our

24 conversation, I understood that it was going to be 30 days

25 for everyone. Because I don't know if you know, there is

JULIO MOCEGA & ASSOCIATES 305-374-0181

 5
1 over 4,000 billing entries that he has. They are almost all

2 redacted. I asked him to please send me something in a Word

3 format or a spreadsheet, something. Because Honestly, I

4 spent all Thanksgiving and the week after with my son, my

5 daughter, my wife, just trying to write down all of these

6 billing entries and they are almost all redacted. And so I

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7 was going to file something. Ryan told me what I was going

8 to file was a disaster. I intended to file something the day

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9 of that hearing but it was a couple thousand pages and he

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10 said Judge Small is not going to want to see that.

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11 So right now, there are a couple of firms that are

12 looking at -- like I said, the billing is across like five

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13 different cases and every single billing is redacted. I

14 don't know if you've seen his billing statements.

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15 THE COURT: I have not reviewed the billing

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16 statements.

17 MR. SCHNEIDER: So no one can make any sense if

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18 anything is reasonable because everything is completely

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19 redacted.

20 THE COURT: So, you don't object -- I'm not going

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21 to rule on that issue because it's not before the Court.

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22 MR. BOLZ: Exactly, Your Honor.

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23 THE COURT: If you wish for the Court to act on

24 that issue then a motion would be filed and we'd set it for

25 hearing.

JULIO MOCEGA & ASSOCIATES 305-374-0181

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1 Now, as it relates to the hearing, we're going to

2 move you to the March docket.

3 Brenda, the dates?

4 THE CLERK: March 4th through --

5 MR. SCHNEIDER: So

6 THE COURT: So let me just start -- I'm going to

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7 start there and I'm going to work backward.

8 MR. SCHNEIDER: I agree. That's fine because I

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9 thought because I'm having all this difficulty having to --

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10 THE COURT: So now that you're here

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11 MR. SCHNEIDER: So the 30 days

12 THE COURT: I'm going to ask you a question right

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13 now.

14 MR. SCHNEIDER: Yes.

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15 THE COURT: So listen carefully. You have a

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16 deadline until next Friday to retain new counsel to represent

17 you. And then after that date, you're representing yourself.

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18 So there's no action happening in this case, right now, until

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19 after December 21. Do you understand that? So now, this is

20 what -- you told me that you have conferred with multiple

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21 firms who are looking at this right now as to whether or not

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22 to help you, right?

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23 MR. SCHNEIDER: That's correct.

24 THE COURT: Okay. Now, to avoid any possible

25 hearing for next week

JULIO MOCEGA & ASSOCIATES 305-374-0181

 7

1 MR. SCHNEIDER: Right.

2 THE COURT: all right. Because then, what

3 happens is December 20th is the last UMC hearing of the

4 calendar year because then the next week is the Christmas

5 Holidays and --

6 MR. SCHNEIDER: What does UMC stand for?

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7 THE COURT: I'm sorry. Uniform Motion Calendar,

8 8:45 hearings.

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9 MR. SCHNEIDER: Okay.

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10 THE COURT: Okay. So next week would be your last

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11 opportunity to come in and ask for an extension of a

12 deadline. So you're here, right now, are you going to be

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13 able to make the December 21 deadline?

14 MR. SCHNEIDER: There is no possible way that --

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15 THE COURT: All right. So this is what I'm going

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16 to do.

17 MR. SCHNEIDER: So I thought 30 days across the

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18 board --
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19 THE COURT: This is what I'm going to do.

20 MR. SCHNEIDER: Okay.

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21 THE COURT: Given where you're at and the fact that

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22 I'm not going to pushing this down the road, but you're here
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23 and we're discussing this. I'm going to extend the deadline

24 in terms of activity just to after the first of the year.

25 Okay? December 21 to the next Monday, that's January 7th.

JULIO MOCEGA & ASSOCIATES 305-374-0181

 8

1 That's it. Then it's full steam ahead in terms of discovery

2 and aid of execution. Because I'm not going -- you're not

3 going to be conducting depositions. You could be propounding

4 discovery

5 MR. BOLZ: No. We're absolutely not -- not during

6 the holidays.

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7 THE COURT: Right.

8 MR. BOLZ: No question.

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9 THE COURT: So let's just be practical. And this

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10 will avoid commotion and costs to the other side to come in.

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11 Final deadline to obtain counsel. And then you have every

12 right to represent yourself of course. Nothing is going to

FI
13 happen in the case between now and January 7th.

14 MR. BOLZ: Your Honor, January 7th I believe is a

TI

15 Monday.
ER

16 THE COURT: That's right.

17 MR. BOLZ: And you have scheduled a status

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18 conference on January 9th

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19 THE COURT: Right.

20 MR. BOLZ: And on January 11th, the discovery is

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21 due.
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22 THE COURT: Yeah. That's not going to happen.

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23 MR. BOLZ: Well, again, Your Honor. We haven't

24 gotten the first document on his -- we're under a dictate

25 from the 4th DCA to collect this judgment.

JULIO MOCEGA & ASSOCIATES 305-374-0181

 9

1 THE COURT: I understand --

2 MR. BOLZ: We can't do that if we don't get some

3 discovery.

4 THE COURT: January the 1st, that's your deadline

5 to retain counsel. The other deadline having to do with the

6 discovery, that is due January 11th. That's the deadline

PY
7 that we have in place right now; is that correct?

8 MR. BOLZ: Yes, ma'am.

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9 THE COURT: Okay, and January 9 we have the status

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10 conference. That makes the most sense. January 1, extend

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11 the deadline. Let's just take it to the next business day,

12 January 2nd Okay. January 9, status conference and

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13 January 11, discovery due.

14 Okay. And then all of the other

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15 MR. BOLZ: Discovery is going to remain due then on

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16 the 11th?

17 THE COURT: Correct.

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18 MR. BOLZ: Thank you. And again, Your Honor --

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19 THE COURT: Given the length of time that's it's

20 been pending.
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21 MR. BOLZ: Right. I don't want to be a bearer of

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22 bad times, but I can see it already. We're going to get

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23 new attorneys are going to appear and say, Oh, we can't

24 produce anything by the 11th.

25 THE COURT: Whoever takes this on needs to be able

JULIO MOCEGA & ASSOCIATES 305-374-0181

 10
1 to comply with the deadlines or at least substantially

2 comply, all right? But it can't be, we just got this the

3 night before and we can't do it. That's not going to happen.

4 Okay.

5 THE CLERK: March 4th through March 29.

6 THE COURT: All right. Yes?

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7 MR. SCHNEIDER: In response, and I'm just going to

8 ask the best way I can. We've asked -- we filed several

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9 notices for discovery in this case. And --

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10 THE COURT: Discovery related to the bills?

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11 MR. BOLZ: No.

12 MR. SCHNEIDER: No, the actual foreclosure action.

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13 THE COURT: Oh. We're not going back to that

14 because the final judgment

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15 MR. SCHNEIDER: I just want to tell you what

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16 happened, even if you tell me --

17 THE COURT: I understand that there may have been

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18 discovery issues that preceded the entry of the final

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19 judgment, but discovery as it relates to those issues,

20 related to the claims and defenses, we're not going back to

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21 that. Where we are right now because the 4th did affirm the
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22 judgment and gave specific directions on the remand, we are

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23 now in the attorney and post-judgment collection part of the

24 case. So that is the scope of what we're doing at this point

25 in the case.

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 11
1 MR. BOLZ: You know, the discovery --

2 THE COURT: Yes?

3 MR. BOLZ: Your Honor, just the discovery issues

4 were also taken up on appeal. They were appealed and the 4th

5 DCA affirmed that also. So what you say about the discovery

6 in the foreclosure, we can't go back there.

PY
7 THE COURT: We're not going back to that.

8 MR. BOLZ: Okay. I just --

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9 THE COURT: We're going back to --

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10 MR. BOLZ: Yes ma'am.

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11 THE COURT: The only nuance would be -- we're not

12 going back to like the filing of motions to compel or motions

FI
13 for sanction as it relates to discovery. Now what we're

14 talking about as it related to the discovery that was

TI

15 propounded, is any attorney's fees that are being requested

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16 in terms of your request for attorney's fees incidental to

17 propounding and responding to discovery. So that's how

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18 discovery will come up in terms of what's the reasonable

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19 amount of fees to award. But we're not going to go back to

20 propounding discovery related to the foreclosure issues and

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21 defenses. So I'm going to be issuing an order following

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22 today using our template order and I'll recap these dates
N

23 that I just went over and then you've got the new setting,

24 March 4 to the 29th. You all have a great day and good

25 holidays.

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 12
1 MR. BOLZ: Thank you, Your Honor.

2 MR. SCHNEIDER: I'm sorry. Just one question, Your

3 Honor. You had said that trying to request some assistance

4 in getting my arms around all of these different bills,

5 that's one of the issues I have with obtaining counsel.

6 They're like, there's 4,000 entries here --

PY
7 THE COURT: I understand.

8 MR. SCHNEIDER: So is there a motion that I file

O
9 because I've asked him to please give it to me in some

C
10 format.

ED
11 THE COURT: Right. I can't draft the motion for

12 you or tell you --

FI
13 MR. SCHNEIDER: No, is there

14 THE COURT: If the bills are if there are

TI

15 certain issues with the bills that you are having a

ER

16 difficulty in terms of being able to articulate an objection,

17 then file the appropriate motion and I will review it and

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18 then I will hear you on it. Okay?

A

19 MR. SCHNEIDER: Okay.

20 THE COURT: All right. Thank you.

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21 MR. BOLZ: Thank you, Your Honor.

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22 THE COURT: Have a good day.

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23 (Thereupon, the hearing was concluded at 9:12 a.m.)

24

25

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 13
1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA

3 COUNTY OF PALM BEACH

5 I, Amanda Thomas, Court Reporter, certify that I

6 was authorized to and did report the hearing of First

PY
7 American Bank vs. Laurence Schneider and that the transcript

8 is a true and correct record of my notes.

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9 I further certify that I am not a relative,

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10 employee, attorney, or counsel of any of the parties, nor am

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11 I a relative or employee of any of the parties' attorneys or

12 counsel connected with the action, nor am I financially

FI
13 interested in the action.

14 Dated this 20th day of December 2018.

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15
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16

17
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18 Amanda Thomas, Court Reporter

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JULIO MOCEGA & ASSOCIATES 305-374-0181

 1 IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR
2 PALM BEACH COUNTY, FLORIDA

3 CASE NO: 502016-CA-009292.

5 FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC
6

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Plaintiff.
7
vs.
8

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LAURENCE S. SCHNEIDER,
9 STEPHANIE L. SCHNEIDER, et al.,

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10 Defendants.

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- - - - - - - - - - - - - - - - - - - - -I
11

12 Proceedings had and taken place before the

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13 Honorable Lisa S. Small, one of the Judges of said

14 Court, at the Palm Beach County Courthouse, 205

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15 North Dixie Highway, Courtroom llC, West Palm

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16 Beach, Florida, on Wednesday, the 9th day of

17 January, 2019, commencing at the hour of 8:50

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18 a.m., and being a Hearing.

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23

24

25

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 1 APPEARANCES:

2 Appearing on behalf of the Plaintiff:

3 KELLER & BOLZ, LLP

121 Majorca Avenue, Suite 200
4 Coral Gables, Florida 33134-4508
(305) 529-8500
5 Jkeller@kellerbolz.com
Smesa@kellerbolz.com
6 BY: JOHN W. KELLER, ESQUIRE

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BY: SHEYLA MESA, ESQUIRE
7
Appearing on behalf of the Defendants:
8

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WYMAN LEGAL SOLUTIONS
9 955 Northwest 17th Avenue, Suite C

C
Delray Beach, Florida 33445-2516
10 (561) 361-8700
Andy@wymanlegalsolutions.com

ED
11 BY: ANDREW D. WYMAN, ESQUIRE

12
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13

14
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15
ER

16

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18

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23

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25

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 3

1 (Thereupon, the following proceedings were

2 had:)

3 MR. WYMAN: Good morning, Your Honor.

4 THE COURT: Good morning.

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5 MR. WYMAN: Andrew Wyman for the Defendants,

6 the Schneiders.

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7 MR. KELLER: If I may, Your Honor, John

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8 Keller of Keller & Bolz representing First

9 American Bank, the Plaintiff.

ED
10 THE COURT: Good morning.

11 MR. WYMAN: Good morning.

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12 MR. KELLER: Nice to meet you this morning.
TI

13 MR. WYMAN: Pleasure to meet you, too. We'll

14 talk after.
ER

15 THE COURT: Yes. You may proceed.

16 MR. KELLER: Judge, we're just here on a

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17 status conference that you ordered at the hearing

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18 of December 12th.
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19 THE COURT: Right. What is the status on --

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20 there's certain Discovery that's

21 MR. WYMAN: Right. That's correct, Your

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22 Honor.

23 THE COURT: Okay. So, that's due on this

24 Friday --

25 MR. WYMAN: Correct.

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 4

1 THE COURT: -- correct?

2 MR. WYMAN: There's a lot to absorb in a

3 short time, but let me tell you where -- what the

4 status is of that, okay?

PY
5 THE COURT: Okay.

6 MR. KELLER: And Judge, can I interrupt just

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7 for one second? That order has a February 22,

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8 2018, deadline, which had passed before you and I

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10 THE COURT: Right, but --

11 MR. KELLER: It's probably a scrivener's

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12 error.
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13 THE COURT: Yes, you would be right about

14 that.
ER

15 MR. KELLER: And I want to be sure we get

16 that order changed to 2019.

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17 THE COURT: Okay.

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18 MR. KELLER: Because it's an important date.

19 It's your e-calendar call.

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20 THE COURT: Right. Okay.

21 MR. WYMAN: Okay.

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22 THE COURT: All right.

23 MR. WYMAN: So, on to Discovery, Your Honor,

24 opposing counsel has requested four depositions

25 and aid of execution. On Monday, we've emailed

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 5

1 them with six dates that we're available at the

2 end of January and beginning of February to

3 attempt to schedule these, reserving our right to

4 make certain objections to what might be being

PY
5 requested.

6 Fact Information Sheet is due this Friday as

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7 well from Mr. Schneider. I can hand this to you

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8 here in open court.

9 MR. KELLER: Thank you.

ED
10 MR. WYMAN: That's the Fact Information Sheet

11 with all the attachments. We'll electronically

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12 serve it later as well. Then there's the 141
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13 Interrogatories and the 3 Requests for Production.

14 Those are going to be a little challenging,

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15 obviously, I think to get. We're going to do our

16 best to get a meaningful response done by Friday,

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17 but my suspicion is that we're going to need more

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18 time. I would ask you for that today ore tenus or

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19 I could file a written motion by Friday with

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20 whatever stage I'm at in helping the client

21 respond to these voluminous requests.

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22 MR. KELLER: If I may, Your Honor?

23 THE COURT: Yes.

24 MR. KELLER: Judge, this case has never had a

25 substantive defense accepted by the Court or, for

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 6

1 that matter, asserted. So, we went all the way

2 through trial. We went all the way through

3 appeal. And at various times throughout this

4 litigation, in which there's now been five law

PY
5 firms appearing for the defendant, Mr. Wyman's

6 firm being the last law firm, the only defense has

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7 been to lie.

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8 Mr. Schneider is extremely savvy in terms of

9 representing himself and at times his wife. He

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10 tries to and we object, and the Court sorts that

11 out. But the point is he's extremely savvy. So

FI
12 savvy, that he knew that taking an improper
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13 removal of the case to Federal Court would divest

14 this Court of jurisdiction on the eve of the

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15 Motion for Summary Judgment. That's how savvy he

16 is.
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17 And so, what we have propounded is the

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18 Discovery and aid of execution, okay? We're

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19 looking for his assets, and he himself has

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20 represented himself before Your Honor and is

21 capable of doing all of that Discovery himself.

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22 What we're hearing is we've got a new lawyer now

23 and yet another request for delay, which comes

24 every time he asks for a new lawyer, which you

25 gave him; 30 days to find counsel and then kept

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 7

1 the Discovery in place, recognizing that it was in

2 aid of execution.

3 With that being said, Your Honor, Mr.

4 Schneider was perfectly capable of doing all these

PY
5 answers and getting them all done in the time

6 that's been allotted, which I'm sorry, Sheyla, how

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7 long has that been now since the Discovery's been

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8

9 MS. MESA: Since October.

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10 MR. KELLER: Since October of 2018. So, we

11 would ask the Court not to grant him anymore

FI
12 delays. You have indicated to him in open court
TI

13 the last time we had a hearing in front of you

14 that Discovery delays would not be granted.

ER

15 MR. WYMAN: If I may just mention quickly and

16 briefly, Your Honor, not all the Discovery is in

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17 aid of execution. I believe there's Discovery

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18 that's on the attorney fee issue. There's a

19 pending Motion for Attorney's Fees as well,

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O

20 supported by 500 pages of time entries, most of

21 which look like this, redacted very heavily.

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22 Part of the order that you issued requires

23 us, by the 18th of this month, to obtain an expert

24 who's going to object, supposedly to all this on a

25 line-by-line basis that you're probably

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 8

1 remembering.

2 THE COURT: Right.

3 MR. WYMAN: Okay. So, some of the Discovery

4 that was served on our client, I believe, is in

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5 support of his fee motion and seeks information

6 relating to my client's past relationships with

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7 his lawyers and their time sheets, etcetera,

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8 etcetera. So, the Discovery -- but there is also

9 Discovery that is in aid of execution, which I

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10 believe are the Interrogatories and the Requests

11 for Production.
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12 MR. KELLER: Right, and that's what you
TI

13 indicated I thought you were seeking an extension

14 to.
ER

15 MR. WYMAN: Well, I mean, really --

16 MR. KELLER: Because I don't understand what

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17 you're seeking. Judge, we don't have a motion

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18 before the Court.

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19 THE COURT: Right. We don't. So, I have a

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20 question. When are -- the depositions that you're

21 taking in aid of execution, when are those

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22 occurring?

23 MR. KELLER: Judge, we have not scheduled a

24 date, honoring Your Honor's order that we could

25 not schedule anything for the 30 days during which

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 9

1 he was seeking counsel.

2 THE COURT: Right.

3 MR. KELLER: Now that he has counsel, we've

4 asked his counsel to give us date.

PY
5 THE COURT: Right.

6 MR. KELLER: His counsel has just represented

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7 to us that he has. I'm sorry I'm not familiar

C
8 with the email and detail that he sent. I know he

9 sent me a detail.

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10 THE COURT: What are the proposed dates that

11 he was --
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12 MR. WYMAN: There were three at the end of
TI

13 January, three in the first few days of February.

14 MR. KELLER: And we're fine with the dates he

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15 proffers.

16 THE COURT: You're fine with that?

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17 MR. WYMAN: Yeah, I'm trying to be

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18 accommodating.

19
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THE COURT: So, that's for Mr. Schneider and

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20 Mrs.

21 MR. KELLER: No, no, no. This is of three --

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22 THE COURT: No? This is the attorney's fees?

23 MR. KELLER: No, Your Honor. These are

24 financial institutions where the Schneiders have

25 accounts.

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 10

1 THE COURT: Oh, I see.

2 MR. WYMAN: So, the records custodian.

3 MR. KELLER: And one of them is of a title

4 company that closed a sale on the residential, the

PY
5 homestead of the Schneiders last year, late last

6 year, and we're trying to find the money that was

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7 paid for that home, totally different from the

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8 property that's foreclosed here.

9 THE COURT: The Requests for Production, how

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10 many are there?

11 MR. WYMAN: There are three separate sets

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12 totaling -- do you know how many requests there
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13 were amongst the three?

14 MS. MESA: I do not.

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15 THE COURT: Okay. Three?

16 MR. WYMAN: Three separate sets of requests.

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17 THE COURT: Okay. All right.

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18 MR. WYMAN: And then 141 Interrogatories as

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19 well.
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20 THE COURT: Fact Information Sheet remains

21 due on January 11th.

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22 MR. WYMAN: Right. That, I just handed to

23 Mr. Keller, and we'll electronically serve it

24 today.

25 THE COURT: Now, if I extend the time in any

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 11

1 fashion, we're talking about a Waiver of

2 Objections.

3 MR. WYMAN: I'll get objections done by

4 Friday then because --

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5 THE COURT: Right.

6 MR. WYMAN: -- realistically, I mean, there

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7 are certain objections.

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8 THE COURT: If we're going to extend this at

9 this point, this is not to give more time to

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10 assert objections.

11 MR. WYMAN: Fair enough.

FI
12 THE COURT: So, the only objections that
TI

13 would be available would be --

14 MR. WYMAN: Have them served by Friday?

ER

15 THE COURT: It would have to be served by

16 Friday because I didn't allow for January 11th.

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17 MR. KELLER: Yes, you did.

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18 THE COURT: That's fine. So, any objection

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19 up until January 11th.

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20 MR. WYMAN: Okay.

21 THE COURT: And then, after that period of

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22 time, we're talking solely attorney-client

23 privilege.

24 MR. WYMAN: Yes.

25 THE COURT: Okay. Now, the -- given the

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 12

1 voluminous Interrogatories and Requests for

2 Production and the Court's ruling on limiting

3 objections to January 11th, I will give additional

4 time. I'm looking -- a good reason for the

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5 questions about what -- whom you're taking and the

6 depositions was to take into consideration how

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7 this Discovery would at all impact the depositions

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8 that are being scheduled. So, you'll have until

9 January 31, complete responses.

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10 MR. WYMAN: Thank you, Your Honor.

11 THE COURT: Okay.

FI
12 MR. WYMAN: I did sorry, Your Honor.
TI

13 THE COURT: And then produce the documents

14 that are responsive to the Requests for

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15 Production.

16 MR. WYMAN: And to produce the documents.

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17 Okay.
A

18 THE COURT: Okay?

19
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MR. WYMAN: Okay. Regarding the attorney fee

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20 issue, so we have a -- you have a schedule now

21 where by January 8th we were supposed to get all

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22 the timesheets --

23 THE COURT: Right.

24 MR. WYMAN: -- and all the supporting

25 documentation. They filed a notice saying well,

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 13

1 we've provided that as attached to the motion to

2 be filed with the Court. And so, we now have,

3 like I said, until the 18th to get an expert on

4 board. I do expect to have somebody, I hope, by

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5 today to be able to look at the stuff. But I

6 would suggest to you that I believe that we're in

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7 need of an in-camera inspection as to these

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8 records because, like I said, they are largely

9 very -- motion -- they're very redacted. I could

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10 approach and show you them. And I know, like,

11 there's probably privilege included amongst this,

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12 but it makes it extremely --
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13 THE COURT: It doesn't say what the service

14 is? It's completely --

ER

15 MR. KELLER: No, it did. Judge, all of -- if

16 there's a total redaction like that made, we're

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17 not making a claim for it.

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18 THE COURT: Yeah, you can't make a claim for

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19 it, right?
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20 MR. KELLER: Absolutely.

21 THE COURT: That's a --

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22 MR. KELLER: Absolutely.

23 THE COURT: Because they don't have a --

24 MR. KELLER: Exactly. And I've got

25 THE COURT: for the Court.

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 14

1 MR. KELLER: Correct, Your Honor. And what

2 we've got is our objections are based on the case

3 law so that we know that if we say telephone

4 conversation with an identified member manager of

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5 our client regarding -- after regarding --

6 THE COURT: Correct.

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7 MR. KELLER: is privileged.

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8 THE COURT: Say what the service was and who,

9 but just not the substance of the communication.

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10 Exactly.

11 MR. KELLER: Now, in order to facilitate the

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12 Court's review, we have, A, tendered total
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13 production of our billing records, which means

14 that you will see unredacted versions if the

ER

15 tender is accepted. He apparently wants you to do

16 so. I agree with that fully if you want to do

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17 that. Number 2, with our motions, attached to the

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18 motions -- because Ms. Mesa and I of our office

19
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have had to do this a number of times recently,

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20 particularly in Federal Court, we have attached a

21 summary of excerpts from the billing statements,

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22 for which we are actually seeking amounts paid.

23 THE COURT: All right. So, you've done that

24 and sent it over to Counsel?

25 MR. KELLER: Absolutely.

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 15

1 THE COURT: So, then there's an understanding

2 in terms of which time entries you're seeking an

3 award for at the hearing ultimately, right?

4 MR. KELLER: Exactly. And those are on Excel

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5 spreadsheets so all the calculations are done of

6 rates per hour and then totaled up at the end.

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7 THE COURT: So, all that would take is that

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8 you have that document that you just referenced

9 plus the timesheets, and you just look at them

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10 side-by-side and the expert should be able to form

11 an opinion?
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12 MR. KELLER: Exactly. I just -- I'll only
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13 correct what you said to say this. They're the

14 actual billing statements, not the timesheets.

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15 That's the way we keep the records in our firm.

16 THE COURT: I understand. I understand.

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17 Okay. So, you've got the -- that Excel sheet that

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18
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19 MR. WYMAN: It was part of their motion, too.

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20 It was right on the

21 THE COURT: All right. So, that will

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22 suffice. So, the 18th remains in place for the

23 expert to be retained.

24 MR. WYMAN: Okay. And give his opinion?

25 THE COURT: And give his opinion.

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 16

1 MR. WYMAN: And render -- sorry, give his

2 objections to the --

3 THE COURT: Prepare objections. Exactly.

4 MR. WYMAN: Okay. Okay.

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5 THE COURT: And you're on my February

6 MR. WYMAN: We are on a March

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7 THE COURT: On my March

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8 MR. WYMAN: Yes.

9 MR. KELLER: Yeah, on your March 4th

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10 calendar, Judge.

11 THE COURT: On March 4th. Right.

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12 MR. KELLER: And to my view, the most
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13 important dates you've set other than that date is

14 the date where by the date we have to have the

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15 parties, the counsel, and the experts meet

16 THE COURT: Correct.

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17 MR. KELLER: -- on February 7th, and that's

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18 why this Discovery is so important is that in

19
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order to get the experts ready, in order to get it

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20 all done by February 7th. And understand that

21 we've got now the -- four attorneys, four sets of

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22 attorneys, the experts and the participating

23 counsel and then the clients, we're going to need

24 to block out some time during the first week of

25 February just to get that done, and that's why I'm

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 17

1 here pressing Discovery.

2 MR. WYMAN: As soon as I have my expert on

3 board, I expect we should be able to put,

4 hopefully, a date together that the --

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5 MR. KELLER: Perfect.

6 MR. WYMAN: I guess, the six of us now,

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7 right, because the clients coming, too, then?

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8 MR. KELLER: Yeah, they have to. Well, under

9 her order, yes.

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10 THE COURT: Right. That's what the order --

11 MR. WYMAN: Right. Even before his opinion

FI
12 is due or his objections are due.
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13 THE COURT: Right. You're to meet --

14 MR. WYMAN: The sooner we get it on the

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15 schedule

16 THE COURT: Actually, it's your mediation.

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17 So, we've completed the hearing. That date will

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18 remain in place. Do you have a proposed order?

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19 MR. WYMAN: I don't have one.

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20 THE COURT: Use an old fashioned to address

21 the
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22 MR. WYMAN: And not so it comes as a surprise

23 to either of you, we do have an intention of

24 challenging the validity of the judgment by a

25 filing of a motion under 1.540(b) because we

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 18

1 believe, based on what our clients have presented

2 to us, that it was -- the Summary Judgment was

3 procured by fraud. So, we are going to be filing

4 a challenge.

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5 MR. KELLER: That's ludicrous.

6 THE COURT: There's a Final Judgment entered,

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7 and then there was an appeal taken.

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8 MR. WYMAN: There were two judgments entered.

9 THE COURT: Two judgments.

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10 MR. WYMAN: Right. There was an appeal taken

11 of
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12 THE COURT: Well, we'll --
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13 MR. KELLER: And there's a mandate issue by

14 the Court.
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15 MR. WYMAN: Well, we'll cross that bridge

16 THE COURT: We'll cross that bridge.

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17 MR. WYMAN: I just didn't want to blindside

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18 either you with it without --

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19 THE COURT: I understand.

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20 MR. KELLER: Well, he would rather blindside

21 us now.
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22 MR. WYMAN: I'll blindside you together.

23 THE COURT: Well, we'll just take each motion

24 as it's filed.

25 MR. WYMAN: Fair enough.

JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 19

1 THE COURT: Okay. Thank you. Have a great

2 day. Happy new year.

3 MR. KELLER: Thank you, Judge.

4 MR. WYMAN: Thanks for your time today, Your

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5 Honor.

6 THE COURT: Sure. All right. Fill out the

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7 order, and we'll send it electronically.

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8 (The proceedings were concluded at 9:03 a.m.)

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JULIO A. MOCEGA & ASSOCIATES (305)374-0181

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1 C E R T I F I C A T E

3 STATE OF FLORIDA

4 COUNTY OF PALM BEACH

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5

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7 I, Amanda Thomas, Reporter, certify that I

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8 was authorized to and did report the foregoing

9 proceedings, and that the transcript is a true and

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10 correct transcription of my notes to the

11 proceedings.
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12
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13 Signed this 18th day of January, 2018.

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Amanda Thomas, Reporter
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JULIO A. MOCEGA & ASSOCIATES (305)374-0181

 1 IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR
2 PALM BEACH COUNTY, FLORIDA

3 CASE NO: 50-2016-CA-009292

DIVISION AH
4

5
FIRST AMERICAN BANK,
6 as Successor by Merger to

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Bank of Coral Gables, LLC,
7
Plaintiff.
8

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vs.
9

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LAURENCE S. SCHNEIDER,
10 STEPHANIE L. SCHNEIDER, et al.,

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11 Defendants.

12 _________________/
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13

14 Proceedings had and taken place before the

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15 Honorable LISA SMALL, one of the Judges of said

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16 Court, at the Palm Beach County Courthouse, 205

17 North Dixie Highway, Courtroom llC, West Palm

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18 Beach, Florida, on Thursday, the 31st day of

19 January, 2019, commencing at the hour of 9:14

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20 a.m., and being a Hearing.

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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 1 APPEARANCES:

2 Appearing on behalf of the Plaintiff:

3 KELLER & BOLZ, LLP

121 Majorca Avenue, Suite 200
4 Coral Gables, Florida 33134
305-529-8500
5 Jkeller@kellerbolz.com
Smesa@kellerbolz.com
6 BY: JOHN W. KELLER, III, ESQUIRE

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BY: SHEYLA MESA, ESQUIRE
7
Appearing on behalf of the Defendant:
8

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WYMAN LEGAL SOLUTIONS
9 955 Northwest 17th Avenue, Suite C

C
Delray Beach, Florida 33445
10 561-361-8700
Andy@wymanlegalsolutions.com

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11 BY: ANDREW D. WYMAN, ESQUIRE

12 Also Present:
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13 Frederick Snow, General Counsel, First American Bank

14 Henry Bolz, III, Esquire

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15 Scott Hawkins
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16 Charles Rodman, Esquire

17 Laura Schneider
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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 (Thereupon, the following proceedings

2 commenced at 9:14 a.m.)

3 THE COURT: The next case is First American

4 Bank versus Laurence Schneider and Stephanie

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5 Schneider.

6 MR. WYMAN: Good morning, Your Honor.

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7 THE COURT: Good morning. Let's have

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8 appearances, and then we'll proceed with the

9 matter.

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10 MR. KELLER: Good morning, Your Honor. John

11 Keller and Sheyla Mesa on First American Bank, our

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12 law firm is Keller and Bolz.
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13 Also present in the courtroom is the General

14 Counsel, Fred Snow, please stand up; First

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15 American Bank. He is down from Chicago on

16 business and stayed over to attend this hearing.

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17 Also present is Henry Bolz, who is accused in

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18 this motion of committing fraud on this Court; my

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19 law partner, and as well as the Federal District

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20 Court of the United States, Sub-District of

21 Florida, as well as our expert on the fee issues

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22 in this case, which is set for March 4th, trial,

23 Scott Hawkins.

24 THE COURT: Good morning. All right. Thank

25 you very much everyone thus, and then let me hear

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 4

1 from the Defendants. Who is present on behalf of

2 the Defendants?

3 MR. WYMAN: For the Schneider defendants, I'm

4 Andrew Wyman from Wyman's Legal Solutions.

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5 MR. RODMAN: Charles Rodman.

6 MR. WYMAN: And our client, Laura Schneider

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7 is in the courtroom.

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8 THE COURT: Okay. Thank you very much for

9 being here as well on behalf of defense. We have

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10 completed the appearances.

11 Let's proceed with the Defendant's verified

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12 motion to stay, execution of the amended judgment,
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13 and also it seeks to stay the hearings on the

14 motions for attorney's fees, costs, and expenses

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15 pending resolution of complaint to set aside

16 judgment pursuant to Rule 1.540.

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17 I received the moving papers and all the

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18 attachments. I also received the responding

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19 papers and the attachments and case law. So I had

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20 an opportunity to review it yesterday after a

21 trial, between 5 and 6, so I'm ready to go. Let's

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22 proceed with the motion.

23 MR. WYMAN: Thank you, Your Honor. This

24 motion -- I appreciate that you took the time to

25 do that for us yesterday. The motion was brought

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 5

1 under Rule 1.550(b), which provides for a stay,

2 where the Court can stay an execution or other

3 process based on a final judgment and suspend the

4 proceedings for good cause on a motion noticed to

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5 all parties.

6 We're asking you -- we're not asking you

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7 vacate the judgment today. What we're asking you

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8 to do is stay execution of the judgments and stay

9 the fee proceedings in this matter while we have

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10 the issue of our right to have the judgments

11 vacated determined in the other separate lawsuit

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12 that we filed last week, and that lawsuit is our
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13 good cause. The lawsuit has been assigned to

14 Judge Keyser presently.

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15 The basis for that lawsuit was the verified

16 complaint, which is attached to the verified

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17 motion in front of you today, where -- verified by

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18 our client, Larry Schneider, where we set out a

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19 string of events and a pattern of behavior by

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20 FAB's counsel that we believe amounts to extrinsic

21 fraud, and that was critical and crucial in

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22 obtaining the judgments in this case.

23 And despite what was put forward by FAB in

24 its opposition to the motion to stay, the proper

25 way to challenge at this point in time, to

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 6

1 challenge those judgments based on extrinsic fraud

2 is the filing of a separate lawsuit and to

3 challenge a judgment and to have them set aside.

4 And that's exactly what we have done.

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5 Our lawsuit was filed timely. It makes out a

6 verified prima facie case of the extrinsic fraud,

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7 and it's not barred by any of the legal grounds

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8 that were claimed in the opposition.

9 Now, I know it's a very thick opposition.

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10 You and I both received it approximately Tuesday

11 or Wednesday, 350 pages. There is a lot in there.

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12 We believe there is a lot
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13 THE COURT: It's really not that much. I

14 mean what it is, is it looks large, and I when I

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15 received it, I thought oh, my, look at this

16 notebook. I'll just show it to -- that's big for

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17 a special set, right; but all it is, is -- no

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18 disrespect to what it is, but it's just copying

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19 different parts of the docket.

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20 And I'm familiar with many of -- very

21 familiar with these filings because it has been

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22 presented to me multiple times on the prior to

23 motions to stay, and then there is also a large

24 there is the brief and the replied brief, so

25 that's what consumes a lot of it, and then there

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 7

1 is multiple authorities on different principles,

2 but it's not -- it's really it's thorough, but

3 it was not difficult for me to get through.

4 MR. WYMAN: Fantastic.

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5 THE COURT: Okay.

6 MR. WYMAN: Well, very good. So then you'll

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7 notice that, you know, that we have alleged and

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8 that we have evidence to show that there was --

9 opposing counsel's failure to demonstrate some

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10 candor to the Court, and leading up to and at the

11 summary judgment hearing that led to the judgments

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12 in this matter.
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13 And based on our filing of that lawsuit, we

14 believe that having the present proceeding stayed

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15 is in the best interest of judicial economy, and

16 is the most judicious decision that you could make

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17 today.
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18 We believe that from -- if you look through

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19 the complaint, that you will see that there was,

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20 we believe, an opportunistic behavior from

21 opposing counsel during this period of time, where

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22 our client's former counsel had been suspended by

23 the Bar, and then ultimately for when he became,

24 as a result, prose, and that there was, in

25 addition to a lack of candor regarding

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 8

1 communications between the parties to the Court,

2 that there was also a lack of candor related to

3 issues of outstanding discovery as well. So the

4 setting aside of the judgments is an issue now in

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5 front of Judge Keyser.

6 We're happy to -- and I had noted in the

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7 civil coversheet that it's related to this matter,

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8 so I don't know if that would automatically bring

9 it over to you.

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10 Our position is that we would certainly like

11 the opportunity to be able to present the evidence

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12 on it to set aside that judgment, and that we
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13 think that if you don't grant our motion today and

14 they proceed with execution -- because they have

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15 not really actually grabbed any assets to this

16 point, that if you deny our motion today and they

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17 proceed with execution, we're going to ring a bell

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18 that's not going to be able to be unrung.

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19 THE COURT: There is pending -- there has

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20 been pending discovery in aid of execution, and

21 the Court extended the deadline twice, I believe,

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22 for that. All right. Thank you very much for

23 your presentation.

24 Response.

25 MR. KELLER: Thank you, Your Honor; John

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 9

1 Keller. Judge, there's two general categories,

2 and the first is, as a matter of law, you do not

3 have subject matter jurisdiction to determine the

4 facts they're asking you to determine in order to

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5 grant a stay.

6 Number 2 is the factual basis on which they

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7 support it is demonstratively false based on the

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8 record that we have cited in that hefty binder to

9 you, okay. And so, Judge, I start with the legal

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10 argument first. I do want to thank you, though,

11 for looking at the binder, Judge.

FI
12 This motion was delivered to us on January
TI

13 24th. We worked over the entire weekend to

14 synopsize it and get down small, and get it in

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15 front of you. I think the motion is less than 23

16 pages itself, but the support putting it together

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17 was quite a job. Thank you for looking at it.

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18 Now they say it's a verified motion.

19 Judge, what we looked at, and what we were

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O

20 served is not verified. It's titled verified, but

21 it's not. The complaint in a separate action was

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22 verified. So I don't see a verification on this

23 motion. I'll stand corrected if they can prove

24 otherwise. Having said that, let's talk about the

25 Court's jurisdiction.

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 10

1 Judge, this is case, as you well know, is no

2 longer your two judgments. The two judgments were

3 affirmed by the Fourth District Court of Appeal,

4 and the only change in the judgments was not

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5 substantive.

6 There was no change to the money judgment,

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7 which was in excess of 1.68 million dollars. But

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8 the foreclosure judgment was changed, and

9 subsequent hearings in front of Your Honor

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10 resulted in you amending them in accordance with

11 the mandate of the Appellate Court on a merely

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12 procedural issue.
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13 The Appellate Court said we could not proceed

14 to collect under both the money judgment and

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15 conduct a foreclosure sale, and accordingly the

16 Court ordered us to hold off on the foreclosure

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17 sale, and then seek to execute under the money

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18 judgment, which is exactly the status of the case

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19 right now. So efforts on the foreclosure judgment

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20 have actually been stayed.

21 There is nothing proceeding forward except

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22 for discovery in aid of execution on both. So

23 there is no effort in front of the Court to set a

24 foreclosure date. That remains pending.

25 Having said that, when the Appellate Court

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 11

1 affirmed the Fifth District Court of Appeal, in

2 Robbins vs. Phifer, held that because the judgment

3 is no longer the trial court's judgment, it became

4 the judgment of the Appellate Court, and as such a

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5 stay under Rule 1.550 is inappropriate full stop.

6 As a matter of law, there is no need for you to

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7 exercise any judgment whatsoever as to the

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8 elements of proving a stay under Rule 1.550.

9 Number 2, that rule of law was based on two

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10 rules of law in an instance found by the Fourth

11 DCA, which is, "Compliance by the lower court with

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12 an appellate mandate is a purely ministerial act
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13 in the issuance is a mandate affirming a judgment

14 entitles the holder of that judgment to writ of

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15 execution as a matter of right."

16 So, Judge, with that case law firmly in

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17 place, the Appellate Court has said that once it's

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18 its judgment, you only have jurisdiction to stay

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19 that judgment under the rule and just deal with

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20 that judgment, and grant relief to that judgment

21 under Rule 1.540, not Rule 1.550, which is where

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22 they're seeking relief. But that's just a

23 disguise because the ground on which they're

24 seeking to stay is that they want to seek vacation

25 of the judgments, further relief.

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 First of all, seeking to stay is relief from

2 judgment under Rule 1.540. Second of all, seeking

3 the judgment, vacation of judgment, is further

4 relief under Rule 1.540. And the rule itself

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5 provides that, "Requests for relief under Rule

6 1.540, neither sustains operation of the judgment

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7 nor affects finality of the judgments."

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8 So the rule itself says that a stay is

9 improper under these circumstances. Even if they

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10 have an action filed to set aside the judgments

11 that's separate from this action, it should not

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12 impact your granting the stay for any reason as a
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13 matter of law.

14 Going to the point that a motion for stay is

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15 a motion for relief from the judgments that are

16 currently pending, Rule 1.540 contains a time bar.

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17 It's a one- year time bar. And we're way past the
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18 one-year, and here they are trying to stay, yet

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19 again, the bank's ability to collect on its

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20 judgments, and what was a debt that has been

21 outstanding since 2016.

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22 So, Your Honor, respectfully, as a matter of

23 law, you were divested of jurisdiction by the

24 mandates, and by reason of their failure to timely

25 file a Rule 1.540 before you, they are time barred

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 13

1 from seeking that same release called a stay

2 motion under Rule 1.550.

3 THE COURT: That's your five minutes. Thank

4 you.

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5 MR. KELLER: I'm sorry.

6 THE COURT: That's your five minutes. Okay.

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7 You have a brief rebuttal.

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8 MR. WYMAN: Okay. I have case law, Judge,

9 Dyke vs. Dyke out of the Fifth District, 837 So.2d

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10 584. This is a case that indicates that

11 judgments, in fact, based on challenges to

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12 judgments based on fraud on the court or extrinsic
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13 fraud may appropriately be brought after a

14 one-year period of time if they're brought as an

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15 independent action, and that nothing in the

16 restriction in that rule about a motion being

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17 filed within one year affects the ability of a

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18 party to challenge the judgment by a separate

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19 action based on extrinsic fraud.

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20 THE COURT: Okay. Thank you.

21 MR. WYMAN: Thank you.

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22 THE COURT: All right. I'm ready to rule on

23 the motion. Based upon the moving papers

24 submitted, the responding papers submitted, case

25 law cited, and your argument, the Court rules as

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 14

1 follows:

2 The motion to stay, the execution of the

3 amended final judgment is denied, and the motion

4 to stay going forward with the hearing on

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5 attorney's fees is denied based on the following

6 understanding that there is a separate cause of

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7 action that's been filed, and the Court is not

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8 finding whether it states a cause of action or

9 not. It's not reaching it.

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10 It's not in this division, but 1.540 does not

11 limit -- the cause of action that's been filed has

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12 been filed as a separate action based upon 1.540
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13 ground, this Court is not limited in terms of

14 proceeding with its final, the judgment is final.

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15 The Appellate Court has spoken. The mandate

16 was issue. Execution proceeds in this case,

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17 understanding there is a separate case, and the

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18 attorney's fees issue proceeds as well. There is

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19 no appeal, so the Court -- the appeal and all of

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20 the rights flowing from the appeal have already

21 been exhausted. There is a separate action.

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22 The Court finds that based upon -- then I'm

23 just going to reach the heart, whether good cause

24 has been shown. The answer is no. So we are

25 going to go forward with the attorney's fees

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 hearing.

2 You're scheduled on my docket in March, so it

3 will just be following the order that sets forth

4 the detailed procedures that each side, the moving

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5 party and responding party, are required to

6 perform, and you'll be on the docket and hopefully

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7 we'll able to reach you at that time.

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8 MR. WYMAN: Thank you, Judge.

9 MR. KELLER: Thank you, Your Honor.

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10 THE COURT: Thank you very much. So if you

11 would please prepare the order. I'm going to hand

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12 back the notebook and also your materials so that
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13 you can recycle. Thank you very much. Thank you

14 for your vigorous advocacy.

ER

15 (The proceedings were concluded at 9:29 a.m.)

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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 C E R T I F I C A T E

3 STATE OF FLORIDA

4 COUNTY OF PALM BEACH

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5

6 I, Julie Moran, CER, certify that I was

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7 authorized to and did electronically report the

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8 foregoing proceedings, and that the transcript is

9 a true and correct transcription of my electronic

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10 notes to the proceedings.

11
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12 Signed this 11th day of February, 2019.
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13

14
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15
Julie Moran, CER
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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CASE NO.: 50-2016-CA-009292

Division AH

FIRST AMERICAN BANK, as

Successor by merger to Bank of
Coral Gables, L.L.C,

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Plaintiff,

-vs-

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LAURENCE S. SCHNEIDER,

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STEPAHNIE L. SCHENEIDER, et. al.,

Defendants.

ED
- - - - - - - - - - - - - - - - - - - - - -I
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Proceedings had and taken place before the Honorable

Judge Lisa S. Small, one of the Judges of said Court, at 205

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North Dixie Highway, Courtroom llC, West Palm Beach, Florida,

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22401 on Wednesday the 20th day of February 2019, commencing

at the hour of 9:07 a.m., and being a Hearing.

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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 2
1 APPEARANCES:

2 On Behalf of the Plaintiff:

3 KELLER & BOLZ, L.L.P.

121 Majorca Avenue, #200
4 Coral Gables, Florida 33134
(305) 529-8500
5 jkeller@kellerbolz.com
BY: JOHN W. KELLER, ESQUIRE

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6

7 On Behalf of the Defendants:

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8 WYMAN LEGAL SOLUTIONS

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955 Northwest 17th Avenue Suite C
9 Delray Beach, Florida 33445-2516
(561) 361-87000

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10 andy@wymanlegalsolutions.com
BY: ANDREW DAVID WYMAN, ESQUIRE
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JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

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1 (Thereupon, the following proceedings were had:)

2 THE COURT: Good morning.

3 MR. KELLER: Good morning, Your Honor.

4 MR. WYMAN: Good morning, Your Honor.

5 THE COURT: We'll have appearances, and then we'll

6 proceed.

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7 MR. KELLER: On behalf of the Plaintiff who is not

8 the movant this morning, John Keller and Sheila Messa

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9 (phonetic) of Keller & Bolz, and with us is First American

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10 Bank's Branch President, Dan Egland (phonetic).

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11 MR. WYMAN: Andrew Wyman. Good morning, Andrew

12 Wyman from Wyman Legal Solutions for the Schneider

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13 Defendants. We are the movements today, Judge

14 THE COURT: Right. You may proceed.

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15 MR. WYMAN: Thank you. You'll recall that, coming

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16 up on your non-jury trial calendar for the month of March,

17 presently set a couple of attorney's fees, Motions for

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18 Attorney's Fees, and passing of costs filed by First American

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19 Bank. Back in December, on December 12th, you issued an

20 order that required the Defendants to provide copies of all

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21 billings, timesheets, invoices for costs, and any other

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22 documentary evidence relating to attorney's fees and costs.

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23 The only documents that they produced were their law firm

24 invoices, heavily redacted, which we've discussed briefly

25 previously, and invoices that support their costs and expense

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 4
1 claims for court reporting transcripts and the like. But

2 specifically missing from what they've produced are their

3 firm's timesheets, which you ordered them to produce per your

4 December 12th order. Contrary to what they've argued in our

5 proposition papers, we've not discussed this particular

6 issue, nor have we made an effort in the past to compel their

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7 production of their timesheets, and what we're asking for,

8 Judge, is that you issue an order that compels them to

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9 produce their firm's timesheets, compels them to produce, as

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10 you identify in your order, other documentary evidence

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11 relating to attorney's fees and costs, which we've supported

12 in support of our motion, an affidavit from our expert, who

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13 has identified a certain subset of documents he would expect

14 that to include and interpret that to include, which would be

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15 the fee agreement, that engagement letter that may exist

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16 between the firm and the bank, as well as payment history

17 that they've provided subsequently, but other billing reports

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18 and accounting reports related to this matter. As far as the

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19 invoices that they did produce being redacted as they were,

20 very heavily redacted, we've requested as part of this

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21 motion, the relief that you hold a camera inspection to

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22 determine that, in fact, what has been redacted is, in fact,

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23 legitimately redacted as what we believe is the claim of

24 attorney-client privilege or a product document. Again, our

25 affidavit in support of the motion from our expert identifies

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 5
1 -- yes, ma'am?

2 THE COURT: To the extent that they're not seeking

3 to receive -- that the fee request does not include totally

4 redacted item, and they've redacted the time entry, that's a

5 non-issue. It doesn't need to be compelled, because they're

6 not seeking that the Defendant pay for that fee. So,

PY
7 example: On February 20, 2019 I'll be the attorney

8 the Counsel spoke with a client regarding X, Y, and Z, and

O
9 the time spent is 0.2 hours. But I've got it all redacted,

C
10 because I'm not going to ask for the other side to pay for

ED
11 it. So why would the Court have to compel that entry? I see

12 that happening at different -- well, that's probably the big

FI
13 issue here, it's that you're not asking for those -- let's

14 just put it on the record -- you're not asking for those

TI

15 fees, were you?

ER

16 MR. KELLER: If there

17 THE COURT: Where you blocked out the amount of

C

18 time?
A

19 MR. KELLER: And the amount charged for the time we

20 were seeking, absolutely, Your Honor.

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21 THE COURT: Right, right.

O

22 MR. WYMAN: But that's a little different from what

N

23 you just described, though. There are entries where

24 described, similar to what you just described, where there's

25 a portion of it redacted out, and --

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 6
1 THE COURT: Right.

2 MR. WYMAN: -- but there is a time entry that they

3 are seeking --

4 THE COURT: Right.

5 MR. WYMAN: compensation for. So those are the

6 items that we are asking for a camera inspection for your

PY
7 determination that, in fact, what's been redacted is not

8 information that we are entitled to. So that's a little

O
9 different, I think, than just time entries that they're not

C
10 seeking compensation for.

ED
11 THE COURT: Okay, I understand what

12 you're -- right. Because while the specific attorney-client

FI
13 communication would be properly redacted, you need to know

14 what the general subject of it is in order to determine

TI

15 whether or not this was reasonably incurred.

ER

16 MR. WYMAN: Right, and we supported that request

17 with our affidavits from our expert, which says, based on how
C

18 those entries are drafted, it's impossible for him to

A

19 evaluate whether those time entries are related to this

20 litigation or otherwise evaluate their compensability.

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21 THE COURT: Thank you. Response?

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22 MR. KELLER: Thank you, Your Honor. John Keller

N

23 again, on behalf of First American Bank. Your Honor, this is

24 just another way to try and get a delay in this case, which

25 has been solely defended by the Schneiders, not based on

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 7

1 substance, but based on tactics. And so, Judge, we received

2 the mandate the first week of September of 2018 from the

3 appellate court affirming the substantive portions of both

4 judgments, the money judgment against Laurence Schneider and

5 the foreclosure judgment, the [unintelligible] judgment. On

6 October 23rd, we filed our motion for fees, costs, and

PY
7 expenses as to the appellate matter, and as to the trial

8 court matter. So, having filed both of those on October

O
9 23rd, he's had these redacted timesheets since then, doesn't

C
10 voice any problem with it until the January 9th status

ED
11 conference before this Court. At that point in time he

12 specifically raised exactly the objections he's raising right

FI
13 now, even though he tries to argue that he doesn't. The

14 transcript that we've attached to our response -- and I'm

TI

15 going to ask the Court, have you received that response?

ER

16 THE COURT: Yes, I did. Right, I did receive your

17 response submittal, thank you.

C

18 MR. KELLER: But it specifically indicates a ruling

A

19 from Your Honor that what we had submitted is appropriate and

20 sufficient. I think your words was sufficient were the words

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21 that you used. I don't mean to quibble with Your Honor's

O

22 ruling or that. I'm simply saying, here's a lawyer that

N

23 comes before this Court; he files a motion, and he doesn't

24 even disclose to Your Honor, then he brings this ore tenus in

25 front of you at the status conference and argues it all anew

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 8

1 again, saying, "Judge, we've got new grounds. They violated

2 your court order." Well, he would have known on October 23rd

3 that we would have violated your court order, and he doesn't

4 bring it to your attention. I respectfully submit to Your

5 Honor that he's being less than candid with the Court.

6 Having said that, Judge, we have been on your trial docket

PY
7 for January. After the mandate became the judgment in the

8 Appellate Court, the only thing left for your determination

O
9 substantively, other than executing on the money judgment,

C
10 are the motions for fees, costs, and expenses, and that's

ED
11 just quantum, because entitlement was determined by the

12 judgments. So with that limited issue before this Court,

FI
13 Your Honor, they've been successfully in delaying the

14 dispositive hearing on fees, costs, and expenses because, in

TI

15 the first place, Mr. Schneider's counsel withdrew and we

ER

16 continued to the January date, then Mr. Schneider ore tenus,

17 I'm sorry, on his own, prose, asked for another extension,

C

18 which you granted, and put us on the February trial calendar.

A

19 And then they come in, and they contest on January 31st by

20 seeking a stay, arguing that my law firm, my client, and my

T

21 partner, committed fraud on the Court, that Your Honor should

O

22 stay this case on attorney's fees because they filed another

N

23 law suit where they are bringing up this fraud, all of which

24 issues had been previously raised and decided by the 4th DCA

25 in this case.

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 9

1 THE COURT: I believe we had the expense hearing,

2 and I denied the Motion to Stay.

3 MR. KELLER: That is correct. So finally, we've

4 been able to keep the March trial setting for this motion.

5 Now, what happens on February 14th, Judge? The lawyer

6 standing next to me serves a subpoena on my law firm, on

PY
7 Sheila Messa (phonetic), our associate, and on my partner,

8 Henry Bolz, compelling their deposition to take place on

O
9 February 25th and February 26th.

C
10 THE COURT: I don't have that before me.

ED
11 MR. KELLER: You do not; you do not. But, Judge,

12 the problem is, I've got to ask to get it in front of you

FI
13 because they give six business days to file a Motion for

14 Protective Order before we have to appear. But here's my

TI

15 point, Judge; they're seeking --

ER

16 THE COURT: Is there a problem with the date?

17 MR. KELLER: No, there's substantive problems with

C

18 those depositions.
A

19 THE COURT: Oh, with the

20 MR. KELLER: They're not entitled to take those

T

21 depositions as a matter of law, Judge, and I need the time to

O

22 submit my Motion for Protective Order.

N

23 THE COURT: Right, well, it will get filed, and

24 we'll handle it. But time is --

25 MR. KELLER: Exactly.

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 10
1 THE COURT: Okay. I'm just focused on this.

2 Right. So, our time for this hearing has expired, and I'm

3 ready to move along on the Motion to Compel. The Motion to

4 Compel is denied at the hearing, to the extent that the time

5 entries do not give the Court sufficient information upon

6 which to determine whether or not it was reasonable -- or it

PY
7 is reasonable to shift the cost of an entry to the opposing

8 side. That's how I'm going to address it. So, if you've

O
9 overly-redacted to the point that -- and you're seeking time

C
10 for that entry --

ED
11 MR. KELLER: Understood.

12 THE COURT: -- then it won't be compensated.

FI
13 That's how it will be addressed.

14 MR. KELLER: Understood.

TI

15 THE COURT: Okay. Thank you.

ER

16 MR. KELLER: Thank you, Your Honor.

17 THE COURT: Sure. We have a date now.

C

18 COURT CLERK: Yes, we do, March 5th.

A

19 THE COURT: Oh, we do. We have a date for your

20 hearing.
T

21 MR. KELLER: Excellent.

O

22 THE COURT: We're ready to go for you on March 5th

N

23 at 10:00. We've been putting it together. Based on all of

24 the conflicts that were sent and that are recognized

25 conflicts, that's your date for your hearing on the

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 11
1 attorney's fees.

2 MR. KELLER: Is Mr. Hawkins (phonetic) available on

3 the 5th?

4 MR. WYMAN: I thought that was a date he was not.

5 MR. KELLER: I thought our expert, Mr. Hawkins --

6 THE COURT: Is that not good?

PY
7 COURT CLERK: Experts don't need

8 THE COURT: Well, that's -- right. Right,

O
9 experts

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10 MR. KELLER: You want my expert to be here anyway?

ED
11 THE COURT: Right, no, correct, but with the

12 attorney's fees issues I want to get in, the way we address

FI
13 it is, then you take the deposition of the expert

14 just -- it's just like a jury trial docket. Based on all of

TI

15 the conflicts of lawyers, then if we expand the universe to

ER

16 experts, then what happens is, you have very little days to

17 be available. That's how this works.

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18 MR. KELLER: Understood, Your Honor.

A

19 MR. WYMAN: I certainly have every intention of

20 bringing my expert. I know he happens to be available March

T

21 5th, as a matter of fact, here. In this case, Judge, I was

O

22 unaware that that was going to be --

N

23 THE COURT: So, you're on the docket. Isn't that

24 what --

25 COURT CLERK: They're on the March 4th.

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 12
1 THE COURT: You're on the March 4 docket, and

2 we're posting this -- are we posting this Friday?

3 COURT CLERK: Friday.

4 THE COURT: We're posting this Friday, so --

5 MR. WYMAN: Right, you're going to --

6 THE COURT: So, we're letting you know today,

PY
7 Wednesday, in advance notice that that's where you are going

8 to be placed. It's March 5, right?

O
9 COURT CLERK: Well, March 5 I have --

C
10 THE COURT: Okay.

ED
11 COURT CLERK: I have two other dates.

12 THE COURT: There are two other dates. Okay, what

FI
13 are the two other dates?

14 COURT CLERK: The 27th or 28th.

TI

15 THE COURT: March 27th or 28th.

ER

16 MR. WYMAN: Those, I know, are dates that were, I

17 believe the 27th, I think, was a date that was good. What
C

18 day of the week is that? Is that a -- was that the Tuesday?

A

19 The Tuesday after --

20 COURT CLERK: Those are dates -- those three dates

T

21 are dates that we have no conflicts on.

O

22 THE COURT: Are non-jury dates.

N

23 MR. WYMAN: Okay. Those were --

24 COURT CLERK: Right, other conflicts, because I've

25 worked through them and

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 13
1 MR. WYMAN: Tell me what day of the week that is?

2 MR. KELLER: Can we take the 27th, Judge?

3 MR. WYMAN: I think that's our preference too.

4 THE COURT: Okay. That's fine. That's a Wednesday.

5 All right, so based upon the preferences of all concerned,

6 March 27th.

PY
7 MR. WYMAN: Okay. So, then we'll have it then. If

8 you're not going to require the experts to be here, then

O
9 presumably we'll have the opportunity to coordinate the

C
10 deposition of the --

ED
11 THE COURT: Well, right. They're not

12 required --they're going to present expert testimony. It can

FI
13 be presented in two different ways: in person, here during

14 the hearing, or by deposition.

TI

15 MR. WYMAN: Okay.

ER

16 THE COURT: Okay.

17 MR. WYMAN: And you've given us a day, a full day?

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18 Was that
A

19 THE COURT: A full day, March 27th. We're going to

20 finish the hearing, and hopefully I'll be able to rule from

T

21 the bench at the end.

O

22 MR. KELLER: Great. Thank you so much, Your Honor.

N

23 MR. WYMAN: All right, thank you, Your Honor.

24 THE COURT: Thank you.

25 (Thereupon, the hearing was concluded at 9:21 a.m.)

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 14
1 CERTIFICATE OF REPORTER
STATE OF FLORIDA
2
COUNTY OF PALM BEACH
3

4 I, Jacob Whitaker, Court Reporter, certify

5 that I was authorized to and did report the hearing of First

6 American Bank vs. Laurence H. Schneider and Stephanie L.

PY
7 Schneider, et. al.; and that the transcript is a true and

8 correct record of my notes.

O
9 I further certify that I am not a relative,

C
10 employee, attorney, or counsel of any of the parties, nor am

ED
11 I a relative or employee of any of the parties' attorneys or

12 counsel connected with the action, nor am I financially

FI
13 interested in the action.

14 Dated this 27th of February 2019.

TI

15
ER

16

17
Jacob Whitaker, Court Reporter
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18
A

19

20
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21
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22
N

23

24

25

JULIO A. MOCEGA & ASSOCIATES (305) 374-0181

 3

1 (Thereupon, the following proceedings

IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN 2 were had:)
2 AND FOR PALM BEACH COUNTY, FLORIDA
3 THE COURT: The next case is First
3 CASE NO.: 502016 CA-009292
4 American Bank versus Laurence Schneider
FIRST AMERICAN BANK, as
5 successor by merger to BANK OF 5 and Stephanie Schneider.
CORAL GABLES, LLC,
6 6 MR. KELLER: Good morning, Your
Plaintiff,
7 7 Honor. On behalf of the Plaintiff,
VS.
8 8 First American Bank, John Keller and
LAURENCE S. SCHNEIDER,
9 STEPHANIE L. SCHNEIDER, et al.,
9 Sheyla Mesa of Keller & Bolz. Also
10 Defendants.
10 with us is the branch president of
11 _____________ /
11 First American Bank, Dan Ekland
12
12 (phonetic).
13
13 THE COURT: Good morning.

PY
14
15
14 MR. WYMAN: Good morning. Andrew
Palm Beach County Courthouse
16 205 North Dixie Highway 15 Wyman, Wyman Legal Solutions for the
West Palm Beach, Florida
17 3-4-19 8:45 a.m. 16 Defendant, the Schneiders.

O
18 17 MR. KELLER: May I proceed, Your
19 18 Honor?

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TRANSCRIPT OF PROCEEDINGS
20
Taken before Julio A. Mocega, Shorthand
19 THE COURT: Yes, you may.
21 Reporter, Notary Public in and for the State of
Florida at Large, before the Hon. Lisa Small, 20 MR. KELLER: Judge, this is the

ED
22 Judge of the Circuit Court.
21 bank's motion for protective order to
23
22 quash -- and to quash three subpoenas.
24
23 Judge --
25
24 THE COURT: I have a question.
FI
MOCEGA & ASSOC . (305) 374 -0181 25 You say quash subpoenas.
MOCEGA & ASSOC. (305) 374-0181
TI

2 4
1 APPEARANCES:
1 MR. KELLER: Correct.
2
2 THE COURT: Was there proper
ER

ON BEHALF OF THE PLAINTIFF:

3 KELLER & BOLZ, LLP 3 service?
121 Majorca Avenue, Suite 200
4 MR. KELLER: Yes.
4 Coral Gables, Florida 33131
BY: John W. Keller, III, Esquire 5 THE COURT: Okay. So it's really
C

5 6 motion for protective order then?

7 MR. KELLER: Yes.
6
A

ON BEHALF OF THE DEFENDANT: 8 THE COURT: Thank you.

7 WYMAN LEGAL SOLUTIONS 9 MR. KELLER: Your Honor, my
955 N.W. 17th Avenue
10 office, Keller & Bolz, LLP, Henry Bolz,
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8 Suite C
Delray Beach, Florida 33445 11 my partner, and our associate, Sheyla
9 BY: Andrew D. Wyman, Esq.
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12 Mesa, served the subpoenas to appear

13 testify in this case.
10
N

14 In addition, the deposition of

11 15 First American Bank party Plaintiff was
12
16 noticed as well with the areas of
13
14 17 inquiry set forth according to
15 18 Subsection (b)(6) of the applicable
16
19 rule.
17
18 20 Judge, I know you know the status
19 21 of this case, but I'm going to just
20
22 state it for the record. We're post
21
22 23 appeal. We have a mandate that
23 24 affirmed both judgments, the money
24
25 judgment and the judgment of
25
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
1 of 11 sheets Page 1 to 4 of 30 03/19/2019 02:09:58 PM
 5 7
1 foreclosure, and the only substantive
2 issue before this court now is how much
3 are the attorneys' fees are because
4 entitlement was determined, (a), by the
5 judgments, and (b), affirmed on appeal.
6 So now the judgments have become the
1 judgments of the appellate court.
8 With that being said and the
9 entitlement being determined, we have a
10 March 27th trial date in front of you
11 to establish quantum of fees.
12 They served the subpoenas and want
13 to conduct all of this discovery
1 how those fees relate to work
2 performed/invoices by Keller & Bolz,
3 work performed/invoices by Keller &
4 Bolz after the filing of the lawsuit."
5 I'm sorry. From Subparagraph 1, I
6 missed the phrase "prior to the filing
1 of the lawsuit."
8 And three, "The amounts already
9 awarded to FAB, including the judgments
10 or amended judgments on this matter."
11 Judge, that last one goes to the
12 core of what they're looking to
13 relitigate. They want to relitigate

PY
14 beforehand. 14 the judgments. And that's why they're
15 Judge, the discovery that they 15 seeking to conduct discovery.
16 seek to conduct relates to entitlement 16 Finally, their Subsection (f)

O
11 to fees. As a matter of fact, it 11 says, they're "looking for decisions
18 relates to the judgments in the first 18 made with First American Bank's

C
19 place. Because as you know, they're 19 enforcement of Laurence Schneider's
20 seeking to vacate the judgments by a 20 obligations under the note and

ED
21 separate collateral action. 21 mortgage."
22 They also sought by reason of that 22 All of these have been litigated.
23 action to stay this proceeding. You 23 All of them have been determined in our
24 denied that stay. 24 favor. And to go back and relitigate
FI
25 But listen to the areas of inquiry 25 all of this would be a violation of the
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
TI

6 8
1 because it tells you where they're 1 mandate, Your Honor.
2 coming from. Area of inquiry (a), "Any 2 So let's talk about what we're
ER

3 and all" -- 3 here to talk about. The seminal case

4 THE COURT: This is the (b)(6), 4 in our system of justice for defining
5 right? 5 what attorneys' fees proceedings are is
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6 MR. KELLER: Yes, exactly, (b)(6). 6 the Supreme Court case of Hensley v.
7 MR. KELLER: (A),"The litigation 1 Eckerhart. And these are cited in our
matter between First American Bank motion, Your Honor.
A

8 8
9 versus Laurence Schneider, et al., Palm 9 THE COURT: Right.
10 Beach case number 2006-009262, 10 MR. KELLER: That case holds that
T

11 (lawsuit,) including the allegations in 11 attorneys' fee issues simply do not

12 the complaint, the removal action and 12 result in a second major litigation.
O

13 the appellate matter, which are 13 In addition, the Menchise case and
reflected in the docket of the above the Norman v. Housing Authority case,
N

14 14
15 styled action." 15 both of which are District Court of
16 So we're back to the very 16 Appeal cases in this jurisdiction -- I
11 beginning of this lawsuit. 11 don't know if one is a 4th DCA case,
18 Subparagraph (d), "The handling of 18 but certainly District Court of Appeal
19 Laurence Schneider's loan with First 19 cases, hold that in the fee cases you
20 American Bank." That is the subject of 20 don't reopen discovery. It's not a
21 the lawsuit. 21 whole second litigation.
22 Subparagraph (e) "Assess loan 22 Now, the Supreme Court of Florida
23 expense fees, entries that appear on 23 in the Paton case adopted the rationale
24 First American Bank's periodic billing 24 and resolved a split among the District
25 statements to Laurence Schneider and 25 Courts in the Anderson Columbia case.
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
03/19/2019 02:09:58 PM Page 5 to 8 of 30 2 of 11 sheets
 9 11
1 And in that case it says, Here's the
2 disclosures to which a party is
3 entitled when they're litigating fees.
4 That case held that you get two things,
5 the rates charged by the attorneys
6 billing on the billing records and the
1 hours expended. That's the discovery
8 that's allowed by the court.
9 So all of the cases that we cited
10 to your previous hearings, Judge, but
11 starting with the Butler case and the
12 Old Holdings case hold that the
13 privilege of attorney/client is always
14 protected, as is the work product and
15 the opinion work product of counsel.
16 So what's before the Court?
11 Before the Court now -- and I'm sure
18 Mr. Wyman will correct me if I'm
19 wrong -- we've discussed resolving the
20 issues and trying to narrow them for
21 our March 27th hearing.
22 And it's my understanding that the
23 Schneiders don't object to the hourly
24 rates. As a matter of fact, they find
FI
25 them to be below market. Okay?
MOCEGA & ASSOC. (305) 374-0181
TI
10
1 So with that said, the Rowe case
2 says, the only thing left for this
ER
3 Court to try on March 27th, is the time
4 and labor expended by the law firm, the
5 novelty and difficulty of the issues
C
6 before the Court, the results obtained,
1 and not relevant here, whether it's a
fixed or contingent fee. It's neither
A
8 8
9 of those. It's an hourly fee.
10 So with that in mind, Judge, they
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11 issue subpoenas to three lawyers -- two
12 lawyers in our law firm. So the case
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13 law -- and, Judge, they don't cite a
single case to you to support this
N
14
15 proposition.
16 And under the applicable
11 authorities, both the Lacono and the
18 Pandolfo cases, in order to support
19 their seeking of attorneys'
20 depositions, even if it was during the
21 merit of the case, not just in regard
22 to the quantum of fees, they have to
23 show they got no other means to get the
24 information. That the information is
25 relevant and not privileged, and that
MOCEGA & ASSOC. (305) 374-0181
3 of 11 sheets Page 9 to 12 of 30
1 it's crucial for them to prepare.
2 They've made no effort in their
3 response to prove any of those three
4 elements.
5 As a matter of fact, Judge, what's
6 happened in this case disproves those
1 three elements. We have given them all
8 of the hours -- we've given them all of
9 the bills in this case redacted. They
10 complained bitterly about that
11 redaction.
12 So when they seek a notice to this
13 firm and they've been in front of this
PY
14 court complaining about the redaction
15 and all of their motions in that regard
16 have been denied. The first thing they
O
11 asked for from my law firm is, Any and
18 all time records kept by a timekeeper
C
19 of Keller & Bolz. It's just another
20 way of trying to circumvent your
ED
21 rulings that the attorney/client and
22 the work product doctrines are
23 protected. Because they have all of
24 our time entries that were billed to
25 the client in this case. They have
MOCEGA & ASSOC. (305) 374-0181
12
1 proof that our client paid all of those
2 bills.
3 And, Judge, I didn't cite it in
4 the motion because I was hurried on
5 this motion and I didn't have the case,
6 but I also want to close with the
1 Effective Teleservices case. I'm
giving a copy of it to counsel as I
9 speak. I can hand --
10 May I approach the bench and hand
11 you a copy?
12 THE COURT: Sure.
13 MR. KELLER: Thank you.
THE COURT: Okay. Okay. So yes.
14
15 MR. KELLER: I'll just finish.
16 It is -- Judge, it is -- requires
11 an extraordinary set of circumstances
18 for a lawyer to be required to testify
19 in a case. And the case that I've just
20 handed Your Honor is Effective
21 Teleservices, Inc. v. Smith, at 132
22 So.3d 335. It's a 4th DCA 2014 case.
23 On the last page of the case is an
24 argument by a party who lost the
25 attorneys' fee entitlement issue that
MOCEGA & ASSOC. (305) 374-0181
03/19/2019 02:09:58 PM
 13
1 they -- that all lawyers handling the
2 case could -- should be called to
3 testify in order to support the fee
4 award.
5 And the 4th DCA held, no, that
6 only the attorney who was the
7 supervising attorney is the attorney
8 required to appear and testify. And
9 Florida has an additional requirement
10 that an expert has to appear.
11 So there's only going to be two
12 witnesses for the Plaintiff at this fee
13 hearing. Certainly the bank is not
15
1 In one of those cases the attorney
2 was actually seeking the deposition of
3 opposing counsel regarding statements
4 that they made during the course of
5 litigation. So it's not -- this is not
6 an apples-to-apples comparison.
1 It's a fairly regular practice
8 that I be allowed to conduct
9 depositions.
10 I don't necessarily disagree with
11 Mr. Keller regarding -- I would say
12 Sheyla Mesa in this case. I would --
13 in my -- as I gave this argument

PY
14 going to appear to testify. And it 14 consideration, would be okay with
15 will be my partner, Henry Bolz, who was 15 deposing Mr. Bolz, who is the senior
16 the supervising lawyer on this and our 16 supervising attorney, and I believe as

O
11 expert, Scott Hopper (phonetic). 11 the attorney supervising Miss Mesa he
18 Thank you, Your Honor. 18 can give the testimony that would be

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19 THE COURT: Response. 19 necessary and that she does not --
20 MR. WYMAN: Yes, Your Honor. I'll 20 would not need to be deposed in this

ED
21 apologize in advance for my voice. I'm 21 case.
22 kind of under the weather. 22 Excuse me.
23 So as you know, this is a 23 But we did seek also a records
24 foreclosure case that was won at 24 custodian from -- I'm sorry. A
FI
25 summary judgement. It was a Defendant 25 corporate rep from Keller & Bolz
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
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14 16
1 that was mostly pro se. No depositions 1 relating to their billing practices.
2 and no discovery and there was an 2 The other available documents, the
ER

3 appeal. They're seeking over a half a 3 fee agreement, the other documents that
4 million dollars in attorneys' fees. 4 would be available and indicate and
5 This fee hearing is set for March 27th. 5 reflect and evidence the time and the
C

6 The issue in front of the court 6 labor put into this case.
1 here, Judge, is the reasonableness of 7 I know that your order -- we were
the work performed, the fees charged in front of you not long ago regarding
A

8 8
9 and the time put into this case by 9 your order. What your order required,
10 Plaintiff's counsel. 10 and your order as you ruled, did not
T

11 Of course I'm entitled to 11 require those things to be produced to

12 discovery of the reasonableness of the 12 us.
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13 fees, under l.280(b)(l), which provides 13 However, this is a discovery

that I'm entitled to obtain discovery request and this has a broader scope
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14 14
15 regarding any matter not privileged 15 than what your order would have been.
16 that is relevant to the subject matter 16 Then what we're here on the other day,
11 of the pending action. 11 whatever we were trying to define, what
18 The cases that were cited by 18 your order required of them when I
19 Defendant that he's read to you, the 19 moved to compel their compliance with
20 Lacona case, the Butler, the Shelton 20 that order.
21 case, none of those cases had at issue 21 So I would argue that the
22 the -- in front of the court, the 22 corporate rep deposition for Keller &
23 reasonableness of the attorneys' fees 23 Bolz and the items that we requested,
24 being sought. They were at various 24 subject to privilege -- again, I'm
25 other states of the litigation. 25 not -- I didn't indicate in -- anywhere
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 17
1 in here that I'm trying to get them to
2 provide the information that they've
3 otherwise redacted out of the billing
4 records.
5 But our position is that these
6 other items that we requested are, in
1 fact, discoverable and are germane to
8 the issues of the time and labor
9 expended by the law firm on this
10 foreclosure case.
11 THE COURT: Okay. I'm ready to
12 rule on the issues presented.
13 MR. WYMAN: Thank you.
19
1 MR. WYMAN: Right.
2 THE COURT: Okay. Now, records
3 custodian of the firm, so all billing
4 records and time sheets are going to be
5 produced.
6 However, they can be redacted,
1 again, to redact for attorney/client
8 and work product privilege. That's
9 fine. But if there's other -- the
10 bottom line is this, if there's other
11 documentation that relates to how time
12 is kept, then it's going to be
13 produced. But the producing party, the

PY
14 THE COURT: The motion to quash is 14 firm, can still redact attorney/client
15 not an issue because all potential 15 and work product privileged statements
16 deponents were served in accordance 16 in the records.

O
11 with Florida law. So I'm dealing 11 MR. KELLER: May I briefly address
18 solely with the motion for protective 18 that issue, please?

C
19 order. 19 THE COURT: Because this is --
20 As it relates to the Plaintiff, 20 it's scope of discovery.

ED
21 First American Bank's corporate (b)(6) 21 MR. KELLER: Yes.
22 depo, motion for protective order 22 THE COURT: Right.
23 granted solely as to the topics listed 23 Now, so again, you're going to
24 in the (b)(6) notice as follows: A, D 24 produce solely as it relates to the
FI
25 as in David, E and F. The deposition 25 time entries that you're seeking
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
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18 20
1 is limited to the attorneys' fee claim 1 compensation for.
2 at this point in the litigation. 2 MR. KELLER: But, Your Honor,
ER

3 MR. KELLER: Meaning quantum -- 3 here's the problem.

4 THE COURT: The quantum, the 4 THE COURT: The point -- what the
5 reasonable number of hours. So -- so 5 discovery is to determine whether or
C

6 the quantum, exactly. 6 not there's some documentation that --

1 Now, let's go to the deposition of 1 for example, inconsistent. Sometimes
Attorneys Bolz and Mesa. The request that's what I see at -- during an
A

8 8
9 to take Attorney Mesa's deposition has 9 attorney fee hearing is, documentation
10 been withdrawn by defense. 10 that may demonstrate that the billing
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11 So now the court addresses the 11 record is unreliable, for example, in a

12 deposition of Attorney Bolz. Motion 12 hearing.
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13 for protective order is denied but, but 13 MR. KELLER: Judge, it was a
the court will be clear. Again, Herculean effort in this case to go
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14 14
15 consistent with the court's ruling on 15 through all of the bills and redact the
16 the (b)(6) corporate rep depo, the 16 time entries, which are identical from
11 deposition is limited to the number of 11 the time sheets, on to the production
18 hours that were reasonably expended and 18 to the Defendants. Okay?
19 the billing practices that were 19 And when you ask us to go through
20 utilized in this case. 20 our time sheets, then we have to, (a),
21 And the billing practices period, 21 take out of all of the days' records
22 at the firm for, for example, how the 22 that relate to other clients' work.
23 time sheets, how they're prepared 23 (B) --
24 and -- 24 THE COURT: Well, it's just the
25 MR. KELLER: Understood. 25 client -- don't you have, like -- I
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5 of 11 sheets Page 17 to 20 of 30 03/19/2019 02:09:58 PM
 21 23
1 remember using -- I don't know if it 1 MR. KELLER: But in order to show
2 still exists, like time slips. And so 2 our time sheets we have to redact that
3 all you're doing is you're plugging in 3 from every single of them.
4 your time and then you pull up your 4 THE COURT: Oh, of the time
5 billing work sheet, and -- but you know 5 sheets?
6 what I'm talking about? It's 6 MR. KELLER: Yes.
1 electronic, so you plug into the 7 THE COURT: No. No, that -- that
8 computer which client -- and not just 8 is oppressive.
9 which client, because you may be 9 MR. KELLER: Yes.
10 representing the client on many 10 THE COURT: You're going to --
11 different -- 11 because we're talking about several
12 MR. KELLER: That's my second 12 years --
13 point. 13 MR. KELLER: Yes.

PY
14 THE COURT: Right. Okay. But 14 THE COURT: -- of litigation. No,
15 then the search, it's refined. You put 15 you're going to only search for --
16 in -- because the way you should be 16 you're not going to be doing that.

O
11 billing is -- is, as it relates to each 11 You're only going to be searching as it
18 client matter. So. 18 relates to this lawsuit. You do not

C
19 If I represent Target and it's 19 have to --
20 Mr. Smith versus Target, or it's 20 MR. KELLER: That's our billings.

ED
21 Mr. Jones versus Target, Target is my 21 THE COURT: -- dig down to sheets
22 client, but I've got it all separated 22 that have records from other --
23 in the computer. 23 MR. KELLER: Thank you.
24 MR. KELLER: You just described 24 THE COURT: -- cases.
FI
25 our bills. 25 MR. KELLER: All right.
MOCEGA & ASSOC. (305) 374-0181 MOCEGA & ASSOC. (305) 374-0181
TI

22 24
1 THE COURT: Okay. 1 THE COURT: Just this litigation.
2 MR. KELLER: Okay? Our time 2 Okay. All right. Did I address
ER

3 sheets by each lawyer in the firm are 3 all of the -- I've got the records
4 kept daily for all of the work done 4 custodian. I did the (b)(6).
5 that day by the lawyer. So our 5 Mr. Bolz's depo.
C

6 organization, I'm representing as an 6 MR. KELLER: Yes. And I think --

1 officer of the court is, there will be 7 and I think that covers it.
a time submission for each day. The MR. WYMAN: There was one other
A

8 8
9 staff then inputs it into the billing. 9 thing on the Keller & Bolz, which
10 And so if you're requiring us to go 10 was -- and we've discussed this
T

11 back and take out all of that redacted 11 briefly, a fee agreement between the
12 about every other client we worked for 12 parties. Mr. Keller has previously
O

13 ever day, as well as all other matters 13 mentioned that there is no fee
that we worked for every day, that's agreement that applies, but did mention
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14 14
15 just unreasonable. 15 also that at some point many, many
16 THE COURT: Okay. No, you're not 16 years ago there was a fee agreement
11 going to do that. 11 between the two parties, and that
18 MR. KELLER: Thank you. 18 didn't really jibe with me.
19 THE COURT: You're just going to 19 So if there was a fee agreement in
20 do a search that you're going to pull 20 place, we would request it.
21 up just as it relates to this client. 21 THE COURT: If there's a fee
22 So you're not going to be pulling up 22 agreement that applies to this
23 records -- you're not going to be 23 litigation then it would be produced.
24 producing any records as it relates to 24 MR. KELLER: There is one, Judge,
25 some other client for a given day. 25 but it's oral. There's no written fee
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 25
1 agreement.
2 THE COURT: Oh, then --
3 MR. WYMAN: I thought he said old.
4 THE COURT: No, oral. So --
5 right. So there's no document to be
6 produced.
7 MR. KELLER: Right.
8 THE COURT: So you'll fill out the
9 order or you'll send --
10 MR. KELLER: Judge, can I -- since
11 this is detailed, can I prepare it and
12 send it to you. And I'll run it by
13 you.

PY
14 THE COURT: That's fine.
15 MR. WYMAN: That's fine.
16 THE COURT: And can I hand back

O
17 the notebook so you may recycle?
18 MR. KELLER: Yes, thank you.

C
19 THE COURT: You all have a good
20 day.

ED
21 (Thereupon, the hearing was
22 concluded.)
23
24
FI
25
MOCEGA & ASSOC. (305) 374-0181
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26
1 CERTIFICATE OF SHORTHAND REPORTER
2
ER

3 STATE OF FLORIDA )
4 ) ss.
5 COUNTY OF DADE )
C

6
7 I, JULIO A. MOCEGA, Shorthand Reporter,
Notary Public, do hereby certify that I was
A

8
9 authorized to and did stenographically report
10 the foregoing proceedings and that the
T

11 transcript is a true and correct transcription

12 of my stenotype notes of the proceedings.
O

13
Dated this _ _ _ day of_ _ _ _ __
N

14
15 2019.
16
17
18
19
20
21
22 JULIO A. MOCEGA
23 Shorthand Reporter
24 Notary Commission Expires 6-29-2022
25
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days' [11 - 20:21 during [31 - 10:20, fine [31 - 19:9, 25:14, 4:9, 8:1, 8:8, 12:20, KELLER [351 - 2:3,
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DEFENDANT [11 - 2:6 18:22, 19:3, 19:14, 18:5, 18:18 19:17, 19:21, 20:2,
Eckerhart [11 - 8:7 20:13, 21:12, 21:24,
Defendant [31 - 3:16, 22:3 Housing [11 - 8:14
Effective [21 - 12:7, first[21-5:18, 11:16 22:2, 22:18, 23:1,
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detailed [11 - 25:11 LAURENCE [11 - 1 :8
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Dixie [11 - 1 :16 16:3, 18:1, 20:9, held [21 - 9:4, 13:5 JUDICIAL [11 - 1 :1 litigated [11 - 7:22
docket [11 - 6:14 24:11, 24:13, 24:16, Henry[21-4:10, 13:15 JULIO [21 - 26:7, litigating [11 - 9:3
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 Judge Lisa Small

First American Bank

V

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Laurence S. Schneider, et al.
November 19th, 2019

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mTim
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PROSE
COURT REPORTING &
LEGAL VIDEO SERVICES
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580 Village Boulevard, Suite 140

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West Palm Beach, FL 33409

Phone (561) 832-7500
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www.ProseFlorida.com
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"Professionals Serving Professionals"

 Judge Lisa Small
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 502016-CA-009292

FIRST .AMERICAN BANK, as

Successor by merger to
Bank of Coral Gables, LLC,

Plaintiff,

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-vs-

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
____________________!

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HEARING BEFORE THE HONORABLE LISA SMALL

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TUESDAY, November 19, 2019

PALM BEACH COURTHOUSE, COURTROOM 11C
West Palm Beach, Florida 33401
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9:28 A.M. - 9:43 A.M.

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Reported By:
Joseph Kozak Jr.
Notary Public, State of Florida
Prose Court Reporting Agency, LLC
West Palm Beach Office
Phone - 561-832-7500

Prose Court Reporting Agency, LLC Phone {561) 832-7500

 Judge Lisa Small
2

APPEARANCES:

On behalf of the Plaintiff:

JOHN W. KELLER, III, Esquire
KELLER BOLZ, LLP
121 Majorca Avenue
Suite 200
Coral Gables, Florida 33134
305-529-8500

On behalf of the Defendants:

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ANDREW D. WYMAN, Esquire
WYMAN LEGAL SOLUTIONS
4800 North Federal Highway

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Suite B205
Boca Raton, Florida 33431

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561-361-8700

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 Judge Lisa Small
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1 {Thereupon, the following proceedings were had):

2 THE COURT: Ready. So let's have appearances.

3 MR. KELLER: Good morning. John Keller of Keller

4 and Bolz representing the plaintiff, First American Bank.

5 MR. WYMAN: And good morning. I'm Andy Wyman from

6 Wyman Legal Solutions for the defendants, Laurence and

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7 Stephanie Schneider.

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8 THE COURT: All right.

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9 MR. KELLER: If I may proceed?

10 THE COURT: Yes, you may.

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11 MR. KELLER: Thank you, Judge.

12 Judge, we had filed a motion to tax attorneys' fees,

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13 costs, and expenses which was heard in evidentiary hearing
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14 by your Honor in two full days: One on March 27th, 2019;

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15 the second on June 18th, 2019. And the motion that we

16 filed was noted in the docket as DE235.

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17 During the evidentiary hearing, your Honor admitted

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18 Plaintiff's Exhibit 18 which was the engagement letter of

19 our expert Scott Hawkins, an attorney here in town.

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20 Plaintiff's Exhibit 19 were statements rendered by

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21 Mr. Hawkins for the time period of September

22 two-thousand -- I'm sorry, September 18th through

23 February 2019. Exhibit 23 was Mr. Hawkins' statements

24 from March 2019 through May of 2019 and then as

25 Exhibits 20 and 24 of the plaintiff, all introduced and

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 Judge Lisa Small
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1 admitted into evidence, were the proofs of payments of

2 those statements.

3 Now we were in front of your Honor and Mr. Hawkins

4 had not yet testified and the hearing was set on two

5 separate days, one in March and one in June, so obviously

6 Mr. Hawkins could not have submitted the bill for time

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7 that he had not yet spent. And so what we did was after

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8 he testified and he submitted his statement and First

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9 American Bank paid that statement, we filed this

10 supplement to the motion so that you would have the

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11 complete billings by our attorneys' fee expert, Scott

12 Hawkins, for you to consider. And because you have not

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13 yet -- well let me back up.
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14 At the June 18th hearing at the end, rather than

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15 legal memoranda or closing arguments, you asked the

16 parties to submit proposed orders. The parties did so on

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17 July 17th, 2019 and so because you haven't entered that

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18 order yet, Judge, and because it is a matter for trucing

19 costs which was a part of the motion that was under

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20 consideration simply that Mr. Hawkins had not yet

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21 submitted his final statement, we moved -- we were asking

22 to simply supplement that motion and consider it when you

23 enter the order on the motions that are pending before the

24 Court.

25 THE COURT: So in essence, you're asking the Court

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 Judge Lisa Small
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1 to reopen the evidence, yes?

2 MR. KELLER: No, not really because it's a cost

3 issue.

4 THE COURT: It's a cost issue.

5 MR. KELLER: It's a motion to tax costs and so --

6 for expert witness proof. Unless the opposing party

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7 submits a written specific objection, basically, a

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8 line-item objection as to what the expert is requesting

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9 what the party is requesting being reimbursed for having

10 paid the expert, then an evidentiary hearing is not

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11 required. We simply are required to get it in front of

12 you.
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13 Their only objections have been submitted in two
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14 places: One was in a paragraph in their proposed order

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15 that was submitted July 17th, 2018 and the other

16 THE COURT: 2019.

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17 MR. KELLER: I'm sorry, 2019. It seems like a long

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18 time since I've been back in front of you.

19 And then the second was a response to our

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20 supplemental motion that we're here on today. At no point

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21 have they objected to anything that Scott Hawkins has done

22 in terms of the time he spent on this file.

23 Their argument is singularly an issue of law. Does

24 the Supreme Court's case that we cited as support for our

25 motion give you discretion on whether or not to award

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 Judge Lisa Small
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1 fees? That's the only objection they raised. And that's

2 the Travieso case and they left a quote out of Travieso

3 that was an admission to counsel because what was -- what

4 the Supreme Court of Florida was considering at the time

5 back in 1985 was that usually, in the practice before

6 Florida courts, lawyers appeared to testify as to fees

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7 expended by other lawyers as professional courtesy.

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8 And so the argument in front of the Court was:

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9 Well, is it just a professional courtesy or does the

10 statute in question require the imposition of lawyers'

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11 fees?

12 THE COURT: And the quote that's provided by the

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13 defense underlines is only in the case where the time
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14 required for preparation and testifying is burdensome

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15 should the attorney expect compensation.

16 The attorney fee request to be awarded was over the

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17 course of several years and very expansive and the

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18 detailed objections that were posed by the defense made

19 this hearing very well organized, but a lot of work

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20 for the experts who were testifying.

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21 MR. WYMAN: Yeah, well I --

22 THE COURT: So this is not a case of an expert

23 attorney coming in and giving an opinion on a request for

24 fees. That's like $10,000 is a lot, right? But over a

25 short period of time, this case, in terms of attorneys'

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 Judge Lisa Small
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1 fee requests, has complexities

2 MR. WYMAN: Definitely.

3 THE COURT: -- that has several different types of

4 objections that have been waged by the defense because

5 your -- defendant's expert did a lot of work.

6 MR. WYMAN: Yeah, he absolutely did. He did a lot

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7 of work. He did what the Court asked us to do, right? Do

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8 a line-item objection.

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9 THE COURT: Correct. You all did.

10 MR. WYMAN: We did. They did not -- they didn't --

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11 I'm sorry.

12 THE COURT: Is it your position that Mr. Hawkins is

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13 not entitled -- is your position that the plaintiff is not
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14 entitled to an award of costs or his expert witness fees

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15 in preparing for and in complying with the Court's order

16 and then testifying here in court?

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17 MR. WYMAN: So our argument is that the Supreme

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18 Court puts this all in your discretion, right? So our

19 argument, you had required of the defendant a

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20 line-item-by-line-item objection to the thousands of line

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21 items that they put forth into the record for attorney fee

22 consideration. We did that.

23 I think if you look back at Mr. Hawkins' testimony,

24 his analysis of the fees didn't go into, obviously, nearly

25 the depth that ours did. He did not undertake the same

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 Judge Lisa Small
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1 sort of analysis we did and, again, it's the defendant's

2 responsibility to do that analysis onto the court order.

3 During his testimony, and we attached that particular page

4 of his testimony to our opposition, he basically cites --

5 he testifies that he didn't really spend a heck of a lot

6 of time countering what our expert painstakingly put

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7 together on a line-item-by-line-item basis. You know, he

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8 came up with a different method by which he thought that

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9 the hours expended were reasonable by the plaintiff and

10 then, of course, the majority of his testimony had to do

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11 with the hourly rate that he felt was appropriate for

12 Mr. Keller, Mr. Bolz, and the attorneys in his firm.

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13 What we point out is that the Supreme Court case,
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14 this Travieso case provides that it's in the exceptional

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15 case where the time required for preparation and

16 testifying is burdensome. And now, we did not hear

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17 testimony from Mr. Hawkins about this particular work

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18 being burdensome to him, that was not mentioned or

19 testified to once.
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20 We will point out and you pointed out, Judge, that

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21 his work did go on for months because this fee issue went

22 on for months, but in looking through his line item

23 bills -- some of which, again, we haven't received until

24 recently -- but looking through his line item bills, he

25 was attending other hearings that had nothing to do with

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 Judge Lisa Small
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1 his ultimate testimony here at the fee hearing. He

2 attended a motion to stay a fee hearing, he attended the

3 deposition of Henry Bolz on fees, he was reviewing a

4 motion to quash that was filed by the plaintiff in

5 response to a deposition notice we had sent to depose Mr.

6 Bolz, he was doing things that were certainly not

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7 necessary for him to render his ultimate opinion. And if

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8 there was any burden on him, it was unnecessary and it was

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9 self-imposed, kind of like, basically, our argument as to

10 the work in this case and how self-imposed it was by

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11 plaintiff to have turned this into what it turned into.

12 The point is, Judge, that the Travieso case, we

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13 don't disagree, is controlling. It does provide you the
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14 discretion in this regard and to decide how much of what

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15 the expense was for Mr. Hawkins should be awarded. And I

16 don't think I agree with Mr. Keller that we have an

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17 obligation to line-item-by-line-item every one of, now,

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18 Mr. Keller's entries over the past couple ones, that was

19 never something we were ordered to do or something that

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20 was posited at any point. That was something we were

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21 required to do at the risk of not being able to make any

22 kind of objections to the time we spent.

23 So this is a supplement to the motion we already

24 heard, it is not itself a supplemental motion, right? So

25 I'm not sure there's anything for you to rule on today,

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 Judge Lisa Small
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1 but to the extent that he put time in and they're

2 submitting if -- strike that.

3 If he was putting this evidence in of these later

4 coming -- this later time for Mr. Hawkins and he was doing

5 it after you had already rendered your order, I still

6 think you'd have the ability to consider it as an

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7 additional cost that they have incurred. So I do think

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8 you have the ability to consider only those things that

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9 took place after we were here that day that he testified

10 to, any time entries that occurred after that date. So

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11 anything that occurred before that date, he was here, he

12 testified about his time, again, didn't testify that it

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13 was burdensome. But the -- his previous -- his previous
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14 time sheets were other records that were put into evidence
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15 for his consideration.

16 THE COURT: All right . Thank you.

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17 MR. KELLER: Do I have any rebuttal time?

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18 THE JUDICIAL ASSISTANT: No, you took six minutes.

19 THE COURT: She's keeping time.

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20 MR. KELLER: At least you didn't penalize me.

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21 THE COURT: And you can appreciate it, especially in

22 Court, we only have so many hearings and also we have a

23 jury that's assembling outside.

24 This is the Court's ruling on First American Bank's

25 supplement to the motion to tax expert witness fees and

Prose Court Reporting Agency, LLC Phone {561) 832-7500

 Judge Lisa Small
11

1 expenses, the Court's ultimate award of attorneys' fees

2 and costs to the plaintiff, First American Bank, in

3 prosecuting the case will include an award of expert

4 witness fees for the services rendered by Scott Hawkins.

5 The parties in this case did not stipulate to going

6 forward with the attorney fee issue without experts, both

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7 sides exercise their rights and retain their own experts

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8 in accordance with the controlling law on the issue that

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9 the plaintiff will be entitled to reasonable fees for the

10 expert services rendered by Mr. Hawkins. I will evaluate

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11 the attachments to the supplement motion and also my notes

12 from Mr. Hawkins' testimony and the other exhibits that

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13 were entered in evidence as it relates to this issue. The
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14 expert fee will only be for services that were rendered up

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15 through our last day of the hearing.

16 MR. KELLER: And that billing statement from June

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17 reflects that last statement?

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18 THE COURT: Right, correct.

19 MR. KELLER: Understood, your Honor.

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20 THE COURT: It does, right.

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21 Okay. And so I still have a good amount of work to

22 do in order to complete the task. I'm going line-by-line

23 with the objections and so that's what's taking the

24 time

25 MR. WYMAN: I figured.

Prose Court Reporting Agency, LLC Phone {561) 832-7500

 Judge Lisa Small
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1 THE COURT: -- and I'm grouping certain issues

2 together. But my goal is to complete your order and I can

3 see you coming on this, so my goal is to complete your

4 order in the next two weeks.

5 MR. KELLER: Oh, thank you, Judge.

6 THE COURT: Sure.

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7 MR. KELLER: There are some times when judges do not

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8 envy -- I'm sorry -- when lawyers do not envy the Judge's

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9 tasks and this is one of them.

10 THE COURT: Right. This is the -- well both of the

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11 presentations were very comprehensive and we did spend two

12 full days together and then you did send me the most
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14 you sent me, so thank you.

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15 MR. WYMAN: Okay. Thank you, Judge.

16 MR. KELLER: Thank you, Judge.

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17 MR. WYMAN: Thank you for the hard work, we

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18 appreciate it.

19 THE COURT: Good to see you.

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20 MR. WYMAN: So there's no order to enter today?

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21 MR. KELLER: Right.

22 THE COURT: No, but it's -- right, exactly. So

23 you'll be getting the order in two weeks' time.

24 MR. KELLER: Thank you so much, Judge.

25 (The proceedings were concluded at 9:43 a.m.}

Prose Court Reporting Agency, LLC Phone {561) 832-7500

 Judge Lisa Small
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1 CERTIFICATE OF REPORTER

4 I, Joseph Kozak Jr., Court Reporter, State of Florida at

5 Large, certify that I was authorized to and did

6 stenographically report the foregoing proceedings and that the

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7 transcript, page 1 through 13, is a true and complete record

8 of my stenographic notes.

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9

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10 Dated this 25th Day of November, in PALM BEACH, Florida.

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19 Joseph Kozak Jr.

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Prose Court Reporting Agency, LLC Phone {561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Hearing Before: Judge Lisa Small

First American Bank v Laurence S. Schneider,

et al.

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502016CA009292

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February 12, 2020

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PROSE
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COURT REPORTING &

LEGAL VIDEO SERVICES
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580 Village Boulevard, Suite 140

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West Palm Beach, FL 33409

Phone (561) 832-7500
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www.ProseFlorida.com

"Professionals Serving Professionals"

 Judge Lisa Small
1 3

IN THE CIRaJIT CUJRT OF '.IEE FIFI'EENIH JUDICIAL CIRaJIT 1 Thereupon,

IN AND FOR PAlM BEI\CH CUJNI'Y, FIJJRillA
2 THE CUJRT: The next case is First
CASE ID.: 502016-CA-009292
3 Arrerican Bank versus Laurence S. Sclmeider and
DIVISION AH
4 Stephanie L. Schneider.

5 So let's start with appearances.

FIRSI' AMERICAN BANK, as
successor by rrerger to 6 MR. KELLER: Good norn:ing, Judge.
Bank of Cbral Gables, LIC,
7 John Keller, of Keller & Bolz,
Plaintiff,
8 representing First Arrerican Bank.
vs.
9 MR. WYMAN: Andrew Wyman, Wyman Legal
IAlJRENCE S. SQJNEIDER,
SI'EEllANIE L. SQJNEIDER, et al., 10 Solutions for the Schneiders.

Defendants. 11 THE CUJRT: Good rrom:ing. '.!his is the

-----------~/ 12 First Arrerican Bank' s Arreru:led Application for

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13 Sale of the Property.

14 MR. KELLER: Correct, Judge. Apparently,

Palm Beach OJunty Cburthouse
205 North Dixie Highway 15 while I was sleeping, you entered an order that
West Palm Beach, Florida
Wednesday, 8:50 am. 16 said --

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Februal:y 12, 2020
17 THE CUJRT: Oh -- it was -- It probably

18 just got p.,rrped out of our system.

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'Ille above-entitled cause came on for hearing 19 MR. KELLER: Okay.

before 'Ille Honorable LISA SMALL, Circuit Judge, 20 THE CUJRT: Right.

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pursuant to Notice of Hearing. 21 MR. KELLER: So, Judge, our application

22 was to set for sale, and requesting the Comt

23 withhold the proceeds of sale pending the ent.,y

24 of the order that you entered last night.

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25 And those orders \olOUld increase the

2 4
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APPEI\RANCFS: 1 judgrrent, and, therefore, the final order needs

KELLER BOLZ, LLP 2 to be supplemented.

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121 Majorca Avenue, SUite 200

Coral Gables, Florida 33134 3 So my proposal -- and I've discussed it
(305) 529-8500
jkellel'.@kellerlJolz. can 4 with Mr. Wyman before the hearing -- having had
Attorneys for Plaintiff
BY: JCllN W. KELLER, III, ESQ. 5 a chance to hear your order, not read it,

regrettably, by my office this rrom:ing.

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WYMAN LEl3I\L SOWI'IONS 6

4800 North Federal Highway, SUite 205B
Boca Raton, Florida 33431 7 It is to withdraw the a,plication for you
(561) 361-8700
andy@wyrranlegalsolutions. can 8 to withhold the funds or direct the clerk to
Attorneys for Defendants
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BY: ANDREW D. WYMAN, ESQ. 9 withhold of fund into the Regist,y of the

1O Comt so that swe can get before Your H::mor so

11 swe can get an arrended final order supplement.

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12 judgrrent in the fonn of new rule fonn 1.996,

and I \olOUld have that sent to Mr. Wyman's

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13

14 office by taron:ow at noon, and then swe can

15 talk about whether or not agree on the fonn

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16 of ent,y of the order or not, but if 'We cannot

17 agree, then I \olOUld also ask you to give us a

18 day next 'Week where swe can get in front of you

19 for the ent,y of the final judgrrent.

20 THE CUJRT: You can =re to u-i:::.

21 MR. KELLER: Exactly.

22 THE CUJRT: Just pick a day when the both

23 of you will be available to =re next 'Week. If

24 you' re not able to agree on the fonn, that's

25 fine.
 Judge Lisa Small
5 7

1 MR. KELLER: But knowing ML Wyrran's 1 there's no order that you need to fill out,

2 client, not speaking to Mr-. Wyrran, there will 2 tmless you "-'Jl.lld like to --

3 be objections to our client, so we'll be in 3 MR. KELLER: No. We'll have it

4 front of you next week. 4 transcribed, Judge. So, if I need to remind

5 '.!HE OJURr: Well, the only day that we' re 5 Your Honor of what you ruling is like --

6 closed is M::nlay because it's a government 6 THE OJURI": Okay.

7 holiday. 7 MR. KELLER: -- I'll have a transcript.

8 MR. KELLER: Con:ect:. 8 And, then, like I said, I will tarmrow

9 '.!HE OJURr: So we' re here Tuesday, 9 have this final judgrrent in Mr-. Wyrran's hands,

10 Wednesday, 'Ihursday for UC, and if, for sare 10 and I expect to hear frcrn -- can we have a

11 reason that does not "WOrk with your respective 11 requirement: that I hear frcrn him, if not

12 schedule, then my direction is that you =re to 12 taronu,, by the end of the week about what his

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13 the court, um, no later than Februai:y 26th 13 clients' intentions are?
14 which is the folloong -- 14 THE OJURI": Well --

15 MR. KELLER: Tv.o weeks. 15 MR. WYMAN: I don't knc,,,.

16 '.!HE OJUIIT: Right.. Tv.o weeks frcrn today. 16 THE OJUIIT: -- the intention is whether

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17 So you should be able to =re in either 17 the fonn of the order acceptable, because it's

18 next week or the folloong week given the 18 only as to whether it's accw:ate and whether it

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19 a::npeting schedules. 19 =rplies with the rules.

20 MR. KELLER: And my only amrent is that I 20 MR. KELLER: Exactly.

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21 just -- you knc,,,, again, I haven't really read 21 THE OJUIIT: Right. And that, um, position

22 through the order that carre in ten hours ago. 22 is without waiver to any, um, appropriate, um,
23 '.!HE OJUIIT: 'Ibis is 14 or 15 pages single 23 notions that either side >IOUld want to, um,

24 spaced? 24 file as it relates to the ultimate rulings on

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25 MR. KELLER: Yes. 25 the fee awards and costs across the board.

6 8
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1 '.!HE OJURr: Right.. So - - 1 MR. KELLER: Understood, Your Honor.

2 MR. KELLER: And we appreciate your hard 2 Fran my understanding on the notion for
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3 "-'Ork on that, no question. 3 reconsideration, I "-'Jl.lld need to get it to you

4 Un, and I just want.eel to make sure that, 4 before the judgrrent is entered - - the arrended

5 you knc,,,, it's clear that I'm not -- if we want 5 judgrrent we' re talking about is entered.
to nove for reconsideration of anything, you So, cbviously, I'm at least going to need
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6 6
7 knc,,,, I'm not waiving that right:, you knc,,, -- 7 a little bit of tirre to do it if that's the

8 '.!HE OJURr: Of course. 8 route we chose to file -- and prepare and file
A

9 MR. KELLER: -- I just want to make sure I 9 a rroticn for reconsideration.

10 get that done -- 10 Un, so having the judgrrent entered for --

11 '.!HE OJURr: Right.. I understand. 11 it's -- It's going to make it difficult for rre
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12 MR. KELLER: -- timely before a judgrrent 12 to agree to the entry of the judgrrent anytirre

13 gets entered, because I could do it for a 13 in the next few days.

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14 rehearing on the judgrrent, but only a 14 MR. WYMAN: Judge, I don't understand what

15 reconsideration of the order. 15 rule he's talking about, because there's no

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16 And, again, I haven't discussed any of 16 ai:peal order here. We need a final judgrrent

17 this with my client yet, so -- 17 for the ai:peal order. So the order is not

18 '.!HE OJURr: I understand. 18 ai:pealable, which rreans that no tirres are --

19 We will nove rrethodically and without any 19 are -- are proceeding.

20 unnecessary delay. 20 So, if he's asking for a notion for

21 MR. WYMAN: Thank you. 21 reconsideration, I don't see how it 1 s any

22 MR. KELLER: Understood. 22 different than the result frcrn a trial or

23 '.!HE OJURr: All right. 23 surrrrary judgrrent hearing where the order

24 MR. KELLER: So, for pw:poses of today -- 24 entitles the winner of the judgrrent, and then

25 '.!HE OJUIIT: So, for pw:poses of today, 25 he can proceed post-judgrrent.

Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
9 11

1 MR. KELLER: Post-judgment, I believe a 1 MR. KELLER: By two weeks frcm today.

2 notion for - - I believe that the notion for 2 THE OJUIIT: -- by two weeks frcm now.

3 rehearing rules a.plies only to judgments, and 3 Right.

4 that """-1ld be -- Okay. 4 MR. WYMAN: What he's asking for is a

5 1-bt:ian for reconsideration is sarething 5 stay, Judge.

6 that's within your discretion, rut I'm not sure 6 THE OJUIIT: Well, we're going to --

7 that there is an actual technical rule an a 7 MR. WYMAN: But your ruling avoids that

8 notion for reconsideration. That is sarething 8 problem.

9 that is certainly through ccmran law and 9 THE OJURI": Right.

10 caselaw widely rerognized as sarething that you 10 MR. WYMAN: I understand.

11 as the judge have the opportunity to control 11 THE OJUIIT: OJrrect.. So we'll, um --

12 your onlena up until the tine -- interlocuto,:y 12 You'll review it. The arrended final judgrrent

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13 orders up until the tine that a final judgrrent 13 will be drafted and circulated, and then, if

14 is entered. 14 there is an issue with that, um, the requisite

15 So, i f I have the -- but I believe that 15 notion will be filed and will resolve -- it's a

16 that also requires rre to get you that notion 16 notion to enter the arrended final judgrrent an

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17 for reconsideration prior to the ent,y of the 17 or before February 26.

18 judgrrent, that will be based an the order you 18 MR. KELLER: Yes, Your H::mor.

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19 just entered last night. 19 MR. WYMAN: Thank you, Your Honor.

20 '.!HE OJURr: Are you saying that there 20 MR. KELLER: Thank you.

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21 oould be an intention to file a notion to 21 THE OJURI": Thank you.

22 reconsider the order an fees, and then anoe 22 (Hearing adjOUilled at 9:00 a.m.}

23 I -- and then anoe that's resolved, depending 23

24 an ll!M it's resolved -- Well, there will be a 24
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25 final -- In any event, it's resolved in the 25

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1 rrovant' s favor or not, there's still ultimately 1 CERI'IFICI\TE

2 going to be an arrended final judgerent. 2 '.!HE srATE OF FIORIDA}

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3 MR. KELLER: I agree. 3 CUJNI'Y OF PAIM BEI\OI}

4 '.!HE OJURr: Then you ""1Uld file another 4

5 notion. You'd file a notion for rehearing and 5 I, do hereby certify that I was authorized to and

an arrended final judgrrent? 6 did report the foregoing proceedings at the tine and
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6
7 place herein stated, and that the foregoing is a true and
7 MR. KELLER: I just kru:M that the law and
8 cmrect: transcription of my stenotype notes taken during
8 rules provides rre both opportunities to do
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9 said proceedings.
9 that. I'm not saying we're going to do that.
10
10 I'm just saying that I haven't read your order
11 IN WTINESS WllEREl)F, I have hereunto set my hand
11 yet, because it just carre in last night.
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12 this 24th day of February, 2020.

12 '.!HE OJURI": All right. First, I'm going
13
13 to take this one step at a tine.
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14
14

15
So, first, um, confer an the oontent of

the arrended final judgment, and i f there is an

ciJltL @. dim,m
LISA E. BRCWN, OJurt Reporter
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15
16 issue with, um, the ent,y of the arrended final
16
17 judgrrent or if there is a notion filed, let 's
17
18 just take it one step at a tine, um, because I
18
19 don't want to give an adviso,y -- 19
20 MR. KELLER: SUre. 20
21 '.!HE OJURI": -- an this. 21
22 MR. KELLER: Uh-huh. 22
23 '.!HE OJURr: But the goal """-1ld be to 23
24 resolve a notion to enter the arrended final 24

25 judgrrent by - - 25

Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
1

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
2

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
3

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
4

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small

First American Bank

V

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Laurence S. Schneider, et al.
February 26, 2020

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PROSE
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580 Village Boulevard, Suite 140

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West Palm Beach, FL 33409

Phone (561) 832-7500
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www.ProseFlorida.com
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"Professionals Serving Professionals"

 Judge Lisa Small
1 3

IN 'IHE CIRCUIT 0XJRT OF THE 15'IH JUDICIAL 1 PROCEEDINGS

CIRCUIT OF FLORIDA, IN AND FOR PAIM BEACH OJONI'Y
FIRST AMERICAN BANK, as
successor by merger to Bank
of Coral Gru:>les, LLC,
Plaintiff,
v.
LI\IJRENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER,
et al,
Defendants.
2 THE COURT: We will begin with
3 appearances. First, for the Plaintiff?
4 MR. KELLER: Good morning, Your Honor.
5 John Keller and Sheyla Mesa, of Keller & Bolz,
Case No.: 6 on behalf of First American Bank, the
502016-CA-009292
7 Plaintiff. With us today also is Dan Edmond,
8 president of the Miami branch of First American
9 Bank.
10 THE COURT: Good morning. Now, on behalf
11 of Defense?
12 MR. WYMAN: Good morning, Your Honor.

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TRANSCRIPI' OF HE'ARING 13 Andrew Wyman, from Wyman Legal Solutions, for
BEFORE: HONORABLE LISA SMALL, CIRCUIT JULGE 14 the Defendants.
15 MR. KELLER: May I begin?

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DATE TAKEN: Wednesday, February 26, 2020 16 THE COURT: Yes, you may.
TIME: 9:05 am. - 9:20 a.m. 17 MR. KELLER: Thank you. Your Honor, as

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PLACE: Palm Beach County Cburthouse 18 you'll recall, we were before you on February
205 North Dixie Highway
West Palm Beach, Florida 19 12th on First American Bank's application for
20 sale of the subject property that was under a

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21 foreclosure order -- it's actually foreclosure
22 judgment. And the evening before -- the night
23 before you had entered an order granting First
This cause came to be heard at the time and place
aforesaid, when and where the following proceedings 24 American Bank's motions for fees, costs and
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were reported by Jan Correggio, Court Reporter.
25 expenses, which pursuant to the order will

2 4
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APPEARANCES: result in supplementary judgments being entered

2 in this case, both the monetary judgment and
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3 the foreclosure judgment in order to include

COJNSEL FOR PLAINTIFF:
4 the amounts of fees, costs and expenses
JOHN W. KELLER, III, ESQUIRE
KELLER & BOLZ, LLP 5 awarded. For that reason, we adjourned the
121 Majorca Avenue, #200
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Coral G3bles, Florida 33134 6 hearing on the application for sale and you
(305) 529-8500
Jkeller@kellerbolz.can 7 gave us 'til today to try to get together to
8 put together a set of proposed judgments,
A

COJNSEL FOR DEFENDANT: 9 supplementary judgments, that would include the

ANDREW D. WYMAN, ESQUIRE 10 prior judgments entered by the Court that were
WYMAN LEl3AL SOWI'IONS
4800 North Federal Highway, Suite 205B affirmed on appeal. As well as include the
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11
Boca Raton, Florida 33431
(561) 361-8700 12 order that you entered -- the results of the
Andy@WymIDlegalsolutions.o:m
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13 order you entered into the judgments, certainly

14 to proceed to judicial sale. Surprisingly,
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15 Judge, we haven't been able to agree on them,

16 what the judgments are. And I'm being a little
17 bit facetious.
18 We're before you today, simply asking you
19 to put into a final judgment -- two final
20 judgments, the results of the original
21 judgments, the results of the appeal, and the
22 results of Your Honor's order. And we have
23 submitted to the Court, proposed judgments that
24 we think accurately reflect your rulings.
25 The Defendant disagrees. And I'll stand
 Judge Lisa Small
5 7

1 down and let them tell you what their problems
2 are. But I think the orders accurately reflect
3 all the rulings of your court, the appellate
4 court, and your court again.
5 THE COURT: Response?
6 MR. WYMAN: Yes. Good morning,
7 Your Honor.
8 Again, we're here on the purpose of the
9 supplemental judgments, as to update the
10 amounts that are due -- or adjudged to be due
11 and owing First American Bank to include your
12 rulings on fees a couple of weeks ago.
1 would Defendant's objection be that in
2 paragraph number 3 there already is a finding
3 of entitlement to additional attorneys' fees
4 and costs in the future? Is that -- that's the
5 concern? Is that part of the concern?
6 MR. WYMAN: Part of the concern, exactly.
7 I feel that to the extent that -- the
8 entitlement has been determined quite a long
9 time ago in your prior judgment.
10 THE COURT: For all of the fees that I've
11 entered thus far --
12 MR. WYMAN: Certainly --

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13 The judgments that were submitted, we felt 13 THE COURT: -- and -- yes, right --
14 in a couple of respects overstepped what was 14 MR. WYMAN: -- for the fees that you've
15 required of accordance in -- of creating the 15 entered thus far.

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16 supplemental judgments. If you have 16 THE COURT: -- but you're saying going
17 Mr. Kel- -- we had submitted a couple to you 17 forward, that's a separate -- that that finding

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18 separately. But we can work off of 18 has not been made?
19 Mr. Keller's because since submitting those to 19 MR. WYMAN: That is what our argument --
20 you our offices have worked out a couple of the 20 we want to be able to preserve that argument in

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21 objections that we had had. 21 the future for what we anticipate will be
22 So Mr. Keller stood up and said he 22 future fee motions for the fees -- on getting
23 submitted to you on the money judgment? 23 fees and all of that that we anticipate is
24 THE COURT: Yes. 24 probably coming down the road.
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25 MR. WYMAN: So we felt that paragraph 3 25 So we are -- we understand that we're

6 8
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1 was unnecessary in the judgment, and that's the 1 married to the language that's in the prior
2 one that recites the entitlement to reasonable 2 judgments, right. So we --
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3 attorneys' fees and expenses incurred. 3 THE COURT: Correct.

4 Obviously -- we already agree with the 4 MR. WYMAN: -- believe that whatever basis
5 numbers. We're in agreement with their math. 5 exists or does not exist as of this point in
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6 But, you know, the fee language in the note we 6 time based on what's in those judgments is what
7 feel has some limitations, and we believe that 7 we should be -- it speaks to the issue -- this
8 your language -- there is opposed language in 8 issue that we're discussing. It speaks to the
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9 paragraph 4 that says "except to the extent 9 issue of what fees might still be awarded going
10 that we're changing this judgment to include 10 forward in the future. Whereas -- including
11 the new numbers," all aspects of the prior 11 this additional language here in -- proposed
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12 judgment are -- all of the terms and conditions 12 language in paragraph 3 of this proposed
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13 of the prior judgment are in full force and 13 judgment creates potentially an additional
14 effect. We feel that the -- including 14 finding of further entitlement of fees that we
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15 paragraph 3 there as well, could create some 15 don't think exists at some point in time.
16 confusion because we do believe there is going 16 THE COURT: To address this issue, did you
17 to be a next wave or round of more motions for 17 have proposed alternative language?
18 attorneys' fees and costs to be issued by the 18 MR. WYMAN: Removal of the paragraph, that
19 Court. And we feel that this language might 19 was my proposal. Deletion of paragraph 3 from
20 prohibit us from defending those motions later 20 this money judgment.
21 based on certain restrictions that are in -- 21 THE COURT: Would it be -- would your
22 that were in the promissory note in the first 22 position be, to the extent that this -- to the
23 place were -- to the extent they are entitled 23 extent that Plaintiff First American Bank may
24 to fees. 24 be entitled to fees in the future, that issue
25 THE COURT: So with the -- to crystalize, 25 is addressed in the first judgment?

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 Judge Lisa Small
9 11

1 MR. WYMAN: That issue is, we believe,
2 addressed in the first judgment. Now, again
3 subject to -- we had a motion for
4 reconsideration we signed in your office, so
5 subject to what we've already argued in there
6 about Stephanie Schneider. But yes, as far as
7 amounts -- as far as entitlements to
8 whomever -- or from whomever it is you
9 determine is actually responsible for paying
10 that money to the bank.
11 THE COURT: Is there other -- so that --
12 those are 3 and 4, I have noted that. What
1 sale. So I guess 35 days is the day we have to
2 pick.
3 THE COURT: It's up you, it's your
4 request, and then I would hear argument on it.
5 MR. KELLER: We'll pick the 35th day,
6 Your Honor.
7 THE COURT: The 35th day that the
8 Plaintiff is picking happens to be April 1st.
9 What is the Defendant's position on the sale
10 date.
11 MR. WYMAN: They'd like more time. We
12 request 60 days. We understand what the

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13 about the judgment that includes the sale? 13 statute says. We understand where the decision
14 MR. WYMAN: Yes. So the supplemental 14 on this lies. We're asking for 60 days.
15 foreclosure judgment, we compared what they 15 THE COURT: Would that cover all of the

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16 provided to you to civil procedure form 16 Defendant's objections to the proposed
17 1.996(a). Our objection was: Paragraph 1, 17 foreclosure judgment?

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18 which we -- which is not in form 1.996(a), the 18 MR. WYMAN: The only other objection I had
19 form promulgated by the Supreme Court in 19 is, their paragraph 8 is the same discussion we
20 this -- in the rules of civil procedure begins 20 just had regarding the attorneys' fees issue,

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21 with the amounts due to First American Bank. 21 okay. So their paragraph 8, again, has an
22 And this again sort of -- the removal of 22 additional finding regarding attorneys' fees
23 paragraph 1 gets back to some of the issues we 23 that we think is covered by the prior judgment.
24 raised in our motion for reconsideration 24 But I think otherwise we worked out some of the
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25 relating to Stephanie Schneider. 25 other -- we worked out the other issues that we

10 12
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1 THE COURT: And what's the position on the 1 had.

2 sale date? 2 MR. KELLER: May I, Your Honor?
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3 MR. WYMAN: Well, the sale date -- I'm 3 THE COURT: You may reply, yes.
4 sorry? 4 MR. KELLER: Judge, let's address the
5 THE COURT: The sale date, because there's 5 first and most important issue.
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6 a blank for that. And so what happens is that 6 Isn't it ironic that the Defendant's
7 you-all -- there will be a request for a sale 7 defense to our claim for attorneys' fees is
8 date in the future? 8 that an admiralty attorney shouldn't be
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9 MR. WYMAN: Yeah, I -- 9 practicing foreclosure law in front of this

10 MR. KELLER: No, we're asking for the 10 Court. Because if there's one thing an
11 judge -- 11 admiralty lawyer knows is in rem jurisdiction
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12 MR. WYMAN: -- as of today, there hasn't 12 versus quasi in rem jurisdiction versus in
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13 been -- 13 personam jurisdiction.

14 MR. KELLER: -- for you today to establish 14 And so he argues again and again and again
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15 a sale date. 15 that Stephanie Schneider should be taken out of

16 MR. WYMAN: -- as of today. 16 the judgment. And that's what he's arguing
17 THE COURT: Right. But what is the -- so 17 about in the very first paragraph, which is
18 I have the list of the sale dates going forward 18 identical to the very first paragraph of the
19 from the clerk. So the soonest sale date 19 prior foreclosure judgment, which is "The
20 that's advisable, it's not really 30 days, but 20 judgment is granted in favor of Plaintiff First
21 it's 35 days, and then there's -- then it goes 21 American Bank and against the Defendants,
22 every five days after, 35, 40, and so on, all 22 Laurence Schneider, Stephanie Schneider, The
23 the way to 180. 23 Oaks of Boca Raton Property Owners'
24 MR. KELLER: Judge, I think the statute 24 Association.
25 requests a window of 20 to 35 days to set the 25 Judge, I have Ms. Mason, who by the way, I

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 Judge Lisa Small
13 15

1 had bring her laptop and thumb drive so that
2 whatever changes we make to the final judgment
3 we can do right now, submit the thumb drive to
4 you, if that's acceptable to you.
5 But in any event, the point is this: The
6 Appellate Court has already affirmed that
7 language. It's identical to the very language
8 that's in the first judgments, and it's a
9 reiteration of that language. So for them to
10 ask you to -- what they're really asking for is
11 amend the final judgment. You don't have that
12 power under the mandate. And you recognize
1 future. And we do have claims for attorneys'
2 fees.
3 I mean, Judge, you'll remember, this
4 lawyer sued our firm, sued First American Bank,
5 and sued my partner for fraud on the court.
6 And then tried to leverage that action, which
7 was in front of you, as a basis to get an
8 injunction in this action against us
9 foreclosing on the property. You denied that
10 motion. That part of the case has not been in
11 front of you for determination of fees. But
12 the Appellate Court has affirmed our

PY
13 that, I believe, in the order that you entered 13 entitlement to those fees. So we're seeking
14 in our motions for fees, where they said, "No, 14 quantum.
15 you can't enter any fees against Stephanie 15 So I believe all of his objections ought

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16 Schneider." 16 to be overruled, and our judgments ought to
17 So this should stay the same under the 17 stand as we have submitted them.

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18 mandate of the Appellate Court, and under all 18 THE COURT: The Court is prepared to rule
19 prior rulings in this Court. There's never 19 on the motion.
20 been a ruling that Stephanie Schneider is not 20 Plaintiff's -- First American Bank's

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21 responsible under these judgments. So that's 21 motion for entry of the supplemental judgment
22 the most important point, and it's under the 22 is granted. This is based upon the Court's
23 foreclosure judgment. 23 review of the paperwork -- I received it in
24 Now, going to the issue of attorneys' 24 advance. And then your argument today assisted
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25 fees, in paragraph 3 of the money judgment 25 the Court in crystalizing the issues, both the

14 16
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1 which is only against Laurence Schneider, that 1 Plaintiff's position and the Defendant's
2 in paragraph 3 of the money judgment and that 2 objections. The Defendant's objections are
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3 in paragraph 8 of the supplemental -- of the 3 overruled. The Court will enter the amended
4 amended foreclosure final judgment is a 4 final judgment, supplemental money judgment as
5 reiteration again of the exact language that's 5 proposed by Plaintiff.
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6 in the original judgment. And the -- this 6 And then as it relates to Plaintiff's
7 Court first found, then the Appellate Court 7 amended -- Plaintiff's amended final judgment
8 affirmed that, "First American Bank is entitled 8 of foreclosure supplemental judgment, the Court
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9 to reasonable fees, costs and expenses incurred 9 is entering that as well, over objection of
10 in connection with this action. The Court will 10 Defense.
11 retain jurisdiction to determine the total 11 The sale date, and it's based upon the
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12 amounts of attorneys' fees, costs and expenses 12 lengthy history in this case, 35 days is what
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13 to which Plaintiff is entitled." 13 is equitable at this point. The sale date is

14 Over and over again, the Defendants tried 14 April 1, 2020. That will be asserted, so
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15 to relitigate entitlement. Tried to think of 15 that's the only adjustment that needs to be
16 some other reason why somebody who's a 16 made to the proposed amended final judgment of
17 defendant in this case should not be liable, 17 foreclosure.
18 and asked that -- and asked you to deviate from 18 Both of these will be sent to the Court
19 the mandate of the Appellate Court and 19 separately through the online system. Just
20 determine -- redetermine entitlement 20 have it loaded up this morning using the online
21 differently than what has already been decided 21 scheduling system proposed -- submit proposed
22 in this case, when the only issue before you on 22 order, I'll issue it from there.
23 fees, costs and expenses is this one. That's 23 MR. WYMAN: From the office, not here?
24 the only issue that's before this Court and 24 THE COURT: Correct, from the office. Or
25 will be before this Court in the foreseeable 25 you can do it here in the court. You can do it

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 Judge Lisa Small
17

1 on the computer, it's just --

2 THE CLERK: She knows how, she can do it
3 right here.
4 THE COURT: Right, you can do it also from
5 the courtroom, if you know how. That's fine.
6 MR. KELLER: And, Judge, there will be an
7 additional insert which is, the standard form
8 order requires that you put in the time as
9 well--
10 THE COURT: It's 10 a.m. --
11 MR. KELLER: -- in paragraph 4, 10 a.m.
12 THE COURT: -- here, right. It's online,

PY
13 10 a.m. That's right, those were the only two
14 blanks that needed to be filled out. Please
15 send it to me. And then I'm going to review --

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16 I did receive it last week and it is very
17 comprehensive. So I am reviewing, and you'll

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18 receive an order following my review on the
19 Defendant's motion for rehearing.
20 MR. WYMAN: Thank you, Your Honor.

ED
21 MR. KELLER: Thank you so much.
22 THE COURT: Have a good day.
23 (Thereupon the hearing was concluded at
24 9:20 a.m.)
FI
25
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1 REFORTER' S CERTIFICATE
2
ER

3 STATE OF FIDRIDA:
4 COON'I'Y OF [ !CUJNTY] :

6 I, Jan Correggio, Cburt Reporter and

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7 Notary Public in and for the State of Florida at

8 Large, hereby certify that I was authorized to and
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9 did report the above proceedings, and that the

1o transcript is a true and C011plete record of my
11 notes and recordings thereof.
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12 I FURTHER CERTIFY that I am neither an

13 attorney, nor counsel for the parties to this cause,
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14 nor a relative or enployee of any attorney or party

15 connected with this litigation, nor am I financially
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16 interested in the outcare of this action.

17 DATED THIS M3rch 4, 2020 at Boynton Beach,
18 Palm Beach Cbunty, Florida.
19
20
21

22
J
23 Jan Co=eggio, CER, FPR
Notary Public, State of Florida
24 My ccmnission GG 908604
expires September 18, 2023
25

Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
1

#200 2:121 adjustment 8:23 9:21 12:21 asserted 16:14 believe 6:7,16 8:4
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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
2

civil 9:16,20 couple days drive 13:1,3 expenses 3:25 4:4

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
3

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Prose Court Reporting Agency, LLC Phone (561) 832-7500

 Judge Lisa Small
4

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 Judge Lisa Small
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 Judge Lisa Small
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