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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
ATTORNEY -CLIENT PRIVATE SESSION
Wednesday, January 4, 2012
9:02 a.m. - 9:31 a.m.
PERSONS PRESENT:
BERNARD FEATHERMAN, MAYOR
MIRIAM S. ZWICK, VICE MAYOR
DORIS M. TRINLEY, COMMISSIONER
JOHN J. PAGLIARO, COMMISSIONER
DENNIS J. SHERIDAN, COMMISSIONER
KATHLEEN D. WEISER, TOWN MANAGER
GLEN J. TORCIVIA, ESQUIRE, TOWN ATTORNEY
ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A.
470 Columbia Drive
Suite C101
West Palm Beach, Florida 33409
Attorneys for the Town of Highland Beach
BY: LYMAN H. REYNOLDS, JR., ESQUIRE
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1 MAYOR FEATHERMAN: Good morning, and happy
2 holiday season to all. This is Wednesday, January
3 4, 2012. I now call to order the Town Commission
4 Attorney/Client Private Meeting. Would you please
5 have a roll call, Madam Clerk.
6 * * *(PORTIONS OMITTED)*
7 MAYOR FEATHERMAN: Very well. We would move
8 on, we will have Town Attorney Torcivia to review
9 the proceedings of this meeting for the Commission
10 and the public.
11
MR. TORCIVIA: Mayor, good morning,
12
everybody. The Mayor will close this session to
13
the public and it will become a private
14
attorney/client session consistent with the law.
15
Individuals who are present are the Mayor, the
16
members of the Commission, myself, the Town Clerk,
17
the Town Manager, the court reporter and Mr. Lyman
18
Reynolds, who will be discussing the case of
19
Sugerman versus Town of Highland Beach this morning
20
with you.
21
At the conclusion of that private session you
22
will then end the session, reopen to the public for
23
a short period of time, and then the session will
24
be completed.
25
MR. PAGLIARO: Is it necessary to close the
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door?
THE CLERK: I have one question. I generally
don't stay for this meeting. As soon as you're
finished I will leave and I will close the door.
MAYOR FEATHERMAN: At this time the Town
Clerk and the public will leave the meeting and the
Town Clerk will please close the door, in an
appropriate manner.
(Members of the public and the Town Clerk
withdrew from the room.)
MAYOR FEATHERMAN: Now I will call again on
the Town Attorney.
MR. TORCIVIA: Well, at this point I would
actually turn this part over to Mr. Reynolds who
has been representing the Town in the case of
Sugerman versus Town of Highland Beach and has much
more information regarding the facts of this case
and is going to present information regarding
litigation strategy and settlement options.
MR. REYNOLDS: Good morning.
MAYOR FEATHERMAN: Press that button down.
22 Thank you.
23 MR. REYNOLDS: Good morning. Does that work?
24 My name is Lyman Reynolds, I'm with the law firm of
25 Roberts, Reynolds, Bedard & Tuzzio. I think many
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1 of you have known my partner George Roberts, Rusty
2 Roberts, for a number of years. I'm proud to tell
3 you we just celebrated our 25th anniversary of
4 partnership together. We're representing the Town
5 and the individuals who have been sued by
6 1 Dr. Sugerman in this pending litigation.
7
Presently we have motions to
dismiss
filed
8
against the claims on behalf of not only
the Town
9
but all of the individuals. With
regard
to the
10 individual claims, we've additionally filed with
11 opposing counsel what are called 57.105 sanction
12 motions, potentially seeking our attorney's fees
13 and costs if we have to go forward with the defense
14 1 of the individuals, because we do not believe that
15
is a well taken complaint
against
them.
16
We have a mediation
scheduled
for a week from
17 1 today on the llth of January. The insurance
18
company is
interested in
trying to
obtain
an early
19
settlement
of the case.
Pursuant
to the
agreement
20
between
the
insurance company and the Town, the
21
Town has
to
approve any settlement.
22 1 So what we wanted to do is come before you,
23 1 before we go to mediation, to apprise you, answer
24
any questions you may
have with
regard to the
25
litigation, so that if
there are
any issues with
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1 regard to the insurance company's potential
2 settlement at the upcoming mediation we can discuss
3 those now so that we don't have either a surprise
4 or anyone who's strongly opposed to resolving this
5 matter ahead of time.
6 This is not asking for any type of a carte
7 blanche from the Town. It's simply to discuss the
8 fact that it's the insurance company, it's a
9 decision that they weigh in terms of the risk of
10 what they may have to pay if the case were to be
11 lost, what the cost would be for the defense of the
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case, because obviously we have our fees.
There, in our opinion, is not a presently
pending attorney's fee claim that's valid on the
part of the plaintiff, but they can amend their
16 complaint to seek one, for which, again, that would
17 add to their damages.
18 The bottom line is, as it relates to the
191 Town, the decision the Town would have to make
20 subsequent to mediation if you were not to approve
21 the settlement, if it were to be reached at
22
mediation, is
that
if
the Town
doesn't
approve it,
23
the Town then
has
to
assume the
defense
of the
24
case, and
the responsibility
for potentially
25
payment of
any judgment, if
it went adverse.
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1 And so that's one of those things that,
2 again, it's necessary for me to point out to the
3 Town ahead of time. In my experience, in cases
4 like this sometimes there is a personal factor
5 involved. You'have a former City Manager who's
6 making allegations with regard to, again, personal
7 issues that from a defense standpoint I do not
8 consider to be viable. But from a personal
9 standpoint, it may cause some hesitation in wanting
10 1 to settle the case.
11
As in my
experience,
again, there's the "we
12
do not want to
settle as
a matter of principle"
13 posture that can be taken, has been taken by other
14 governmental entities in the past. But that's a
15 different viewpoint obviously than the insurance
16 1 company has in evaluating the case.
17 Now, this case in its present posture has not
18 been filed as a discrimination action. That's the
19 EEOC claim, Title VII claim that was threatened
20
prior to
suit being filed, but
is
not actually part
21
of their
claim. That's where
the
attorney's fees
22, potentially would come in if they amended to bring
23 that in.
24
So
setting that aside,
what we really have
25
here is
an alleged breach of
contract claim. Dale
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1 Sugerman's attorneys are alleging that the Town did
2 not have the authority to suspend him for his
3 failure to modify the disciplinary action that he
4 invoked in this case. Again, we respectfully
5 disagree, but the question of fact, the issue that
6 would go before a jury would be the interpretation
7 of the contract between the Town and Dr. Sugerman.
8 His position is that the contract
9 automatically renews and it's not an option for the
10 1 Town to not renew it. And that any non renewal was
ill a de facto termination, which is a breach of that
121 contract.
13 What he's seeking in damages is approximately
14 $166,000 in one year of pay and a little over
15 $31,000 in past medical approved leave, unused.
16 His attorney's fee claim again is in dispute,
17 from our standpoint, but at this point it's
18 approximately, I'm estimating in the $10,000 range,
19 so what you're really talking about is essentially
20 about a $200,000 claim.
21 1 Now as I said, the defamation, the tortious
22
interference claims, I can
represent
to you, I
have
23
been universally successful
in either
getting
those
24 1 knocked out through either a motion to dismiss or a
25 1 motion for summary judgment, under 768.28, because
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those are not torts for which the Town can be
responsible, or the individuals in their official
capacity can be responsible.
So what we're really here to talk about, and
this is what I'm going to discuss at the mediation,
with the mediator, is the breach of contract claim.
And that's what the insurance company is looking
at.
The thing to remember in a breach of contract
claim is, your 768.28 protections do not apply.
There is no cap on a breach of contract claim. As
I'm sure you all are aware from other matters, if
you have a tort claim, if it's a defamation claim,
if it's a car accident claim, those are the type of
claims for which during the time period involved
here there's a cap of $100,000. But that does not
apply to a contract claim.
Again, that causes the insurance company
obviously to be nervous in terms of their amount of
potential exposure in the case if they were to lose
it.
22 So that's really all I'm here for today is to
23 inform the Town as to the cost of the insurance
24 company going into next week's mediation. It will
25 be subject to your approval, but again, wanting to
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1 point out the business side of the insurance
2 company in weighing its options next week.
3 Yes, sir?
4 COMMISSIONER SHERIDAN: May I?
5
MAYOR FEATHERMAN: Yes, you may.
6
COMMISSIONER SHERIDAN: Sir, do we have any
7
idea what the insurance company is offering at this
8
point?
9
MR. REYNOLDS: We do not. I spoke with them
10
yesterday and without being too complimentary,
11
great minds think alike. My statement to the
12
insurance company was, I think the very first
13
question I'm going to be asked is how much.
14
And the response was that they have not yet
15
made that determination, and we're going to do that
16
in the mediation process, but that figure has not
17
been shared with me. But I had the exact same
18
thought, which is, how much?
19
The only thing that I would point out,
20
because I want to make this clear, I'm paid by the
21
insurance company, but I'm the Town's attorney. I
22
represent you. And I want to make that absolutely
23
clear. There is no conflict in my representation
24
of the individuals who have been sued in this case
25
because, again, there's not a viable claim there.
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My only suggestion or advice to the Town is
2
the old adage, OPM, other people's money. It's the
3
insurance company's money. And unless there's such
4
an overriding principle here that you as the Town
5
representatives feel it necessary to not approve
6
the settlement and take it on as a burden for the
7
Town, I would, again, suggest to you that they are
8
going to do their analysis, their risk evaluation
9
analysis and that's where they are going to come up
10
with whatever that figure is.
11
Obviously I would have to come back before
12
you with that figure but that's why I'm giving the
13
parameters of here's what they are asking for, and
14
then the insurance company is going to decide how
15
much of their money they are willing to pay.
16
MAYOR FEATHERMAN: How much are we covered by
17
the insurance?
18
MR. REYNOLDS: Kathleen may know that better
19
than me. I don't really get into coverages, but
20
for non capped events --
21
MS. WEISER: We have a $5,000 deductible.
22
MAYOR FEATHERMAN: How much?
23
MS. WEISER: $5,000 deductible.
24
MAYOR FEATHERMAN: $5,000 deductible.
25
MS. WEISER: Which is very low compared to --
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MR. REYNOLDS: I think he was talking about
the upper end. Okay. I don't know off the top of
my head. Generally there's a cap underlying, and
then you have an excess policy. I would flat out
be guessing but my guess would be a million.
MAYOR FEATHERMAN: Okay.
MR. REYNOLDS: And the reason being is for
this type of case. A lot of times people ask in
the underwriting process, although I'm not involved
with that, I'll occasionally get questions from
various towns and cities, and in terms of, well,
why do I need coverage over and above my statutory
cap, my 100/200?
And it's for this type of case, a breach of
contract case, or in your police cases, your
Section 1983, discrimination, Section 1981, federal
cases are not governed by that. So I'm quite
confident you all have an excess policy of at least
a million.
20
MAYOR FEATHERMAN:
I'm familiar with it
21
because I come from the
business world.
I'm CEO,
22
president of a company,
and we've gone
through this
23
several times ourselves.
24
The amount of money
that you will
offer, and
25
they accept, you will be
coming back to
us from
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1 what you've said, and if we do not accept it, then
2 of course we have to take over on the legal end.
3 So therefore the insurance company is representing
4 us and hopefully in a proper manner, as you said.
5 What are our other liabilities in this
6 instance than what you've mentioned?
7 MR. REYNOLDS: As it relates to this case?
8 MAYOR FEATHERMAN: Yes.
9
MR. REYNOLDS: If it's settled, we would
10
settle any and all claims, so those would be out.
11
The only thing that is not, in my opinion,
12
presently pending, which would provide them with
13
this potential viable claim for an attorney's fee,
14
is this alleged Title VII, discrimination.
15
Obviously if they thought that it was strong,
16
they in my opinion should have pled it to begin
17
with. But you're asking me what's potentially out
18
there that they may want to be resolving with all
19
of this, and that would be that.
20
MAYOR FEATHERMAN: Thank you. Are there any
21
other questions? Yes.
22
COMMISSIONER PAGLIARO: Just, I guess I'm
23
slow on the take here. Really what we're doing,
24
then, is, the decision this Commission will have to
25
make is how much, not whether. It's not just the
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1 case is going to be dismissed because Sugerman is
2 correct, et cetera. It's just a matter of how much
3 money.
4
MR. REYNOLDS: And actually it's somewhat
5
simpler than that. The insurance company, its
6
representative, its adjusters, claims
7
representatives, are the ones who will make that
8
decision at mediation because it's their money.
9
Really the only decision that the Commission makes
10
is, when that's done, yes or no.
11
COMMISSIONER PAGLIARO: Okay.
12
MAYOR FEATHERMAN: Yes, go ahead.
13
COMMISSIONER SHERIDAN: That being the case,
14
would the Commission or individual Commissioners
15
have a right to express their personal feelings
16
regarding the settlement, realizing that the
17
insurance company is going to make some type of
18
settlement, and it will probably be the better way
19 1 to go.
20
However, the
feelings of the Commission and
21
myself personally
is that this
man has gotten
22
everything he should get up to
this point and I am
23
opposing what he may get in the
future.
24
MR. REYNOLDS:
And again,
that's why I'm here
25
today, is because
if that's the
majority of the
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Commission, I need to advise the insurance company
2
of that, or that potential.
3
But in answer to your question, in our
4
follow-up shade meeting following the mediation, if
5
the majority of the Commission thinks it's better,
6
although it's against their principle, it's better
7
for the insurance company to pay than for the Town
8
to take on that obligation --
9
COMMISSIONER SHERIDAN: Exactly.
10
MR. REYNOLDS: -- certainly Commissioners or
11
individual members of the council would be entitled
12
to express, as you have, their frustration. But
13
again, that's part of why I came here today,
14
because if there were either a majority or even a
15
unanimous position of absolutely not, under no
16
circumstances are we going to ever approve any
17
settlement, that's something that I would need to
18
let the insurance company know.
19
COMMISSIONER SHERIDAN: That's not my
20
feeling. I think the idea of the insurance company
21
doing what they have to do and mediate down to what
22
we can mediate it down to, that's the way to go as
23
far as I'm concerned. But I do have a personal
24
feeling, that I think this man has gotten every
25
nickel he should from this Town.
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MAYOR FEATHERMAN: Are there any other
2
comments? Commissioner Trinley, would you like to
3
make a comment?
4
COMMISSIONER TRINLEY: Yes, I would just like
5
to ask a question. Explain why a case like this
6
goes to mediation, you know, the insurance company,
7
is involved. Because as far as we who sit on the
8
Commission, or some of us who sit on the Commission
9
and were involved at the time, he didn't follow the
10
rules and regulations of the Town's rules and
11
regulations for employees. So why would they say
12
let's mediate and give him something?
13
MR. REYNOLDS: Your analysis, I'm in complete
14
agreement with, and I've supplied the former Town
15
Attorney and your current counsel with our motion
16
to dismiss, which states unequivocally exactly
17
that.
18 But the insurance company looks at it
19 strictly as a business decision, which is, in the
20 state of Florida if I'm granted the motion to
21 dismiss, plaintiffs are granted leave at least
22 twice, if not three times, to amend, to try and
23 state the cause of action.
24 Invariably they are allowed to amend to the
25 point where the judge says, okay, we'll let it go
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1 I forward. Then I move for what's called a summary
2 judgment. That's after everyone's depositions have
3 been taken, including the plaintiff's, and again,
4 the state of Florida, I recently had a summary
5 judgment granted on behalf of the Town of Jupiter.
6 It's the first motion for summary judgment I
7 probably have had granted in the last 20 years,
8 because there's always a question of fact. And if
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there's any question of fact, you then have to go
to trial and go in front of a jury.
The reason I know, one of my last summary
judgments I had granted was when my oldest daughter
was born 25 years ago and that was reversed by the
Fourth Circuit Court of Appeals, because they
decided, well, maybe some fact could eventually
come out that would prevent a summary judgment from
being granted.
18 Going through that, going through the trial,
19 then the appellate process, costs money. It costs
20 a lot of money. And that's where the insurance
211 company is looking at it strictly from a business
22 standpoint.
23 MAYOR FEATHERMAN: In other words, if the
24 insurance company can settle for much less than
25 going to trial, they will do that. And I've had
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1 experience in that myself. But mostly in injury
2 claims.
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MR. REYNOLDS: Right. And in representing
towns and governmental entities, the beauty of
having that hundred thousand dollar cap is a real
hammer that you can have against a plaintiff's
attorney that we do not have here.
And going back to the question in terms of
why go to mediation. If a case is noticed for
trial, the courts automatically send it to
mediation. That's a requirement before you can go
to trial. We're going to mediation early in this
case, very early in this case. Our motions have
not even been heard yet, because of this business,
economic decision on the part of the insurance
company, which is again, to save fees that I will
be paid in defending the case.
I mean it's absolutely, unequivocally,
strictly a business decision on their part. I
mean, I never go to mediation as a general rule --
this is an exception to that rule - this early in
a case. I think they are just looking at it and
saying this is going to be expensive to defend.
There's a separate interpretation.
I absolutely agree with your interpretation
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1 and the Town's interpretation of how this matter is
2 handled, and we fully briefed that in our motion to
3 dismiss, but then that's open to interpretation and
4 that costs money. And again, that's what the
5 insurance company is looking at.
6 MAYOR FEATHERMAN: I think that's pretty
7 clear.
8 COMMISSIONER PAGLIARO: Yes, I'd like to --
9 hopefully you can help me. So as I understand what
10 you're saying, that it's an economic factor that
11 you're looking at it, but you're also saying to us
12 that there's always that risk that the other side
13 might have a case, and then we go to trial and so
14 on, and so this is economic.
15
But I'm going to ask you a question.
I get
16
the sense of you're telling us that there
may be
17
some factors in the case by the plaintiff
and that
18
that would be a risk and a risk on the Town,
and we
19
don't want to incur any fees that hit the
roof, and
20
I understand your situation.
21
But -- it makes sense, but I didn't
realize
22
that we were going to be at this stage, I
thought
23
it was going to be, we'll move ahead and
not that
24
involved in mediation, and so he wins or
he loses,
25
or we win or we lose, and I just wanted that
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clarified, and you have.
2
MR. REYNOLDS: And that's why I'm here,
3
because again, I wouldn't want to come here after
4
the mediation and say, oh, by the way, I'm here,
5
the insurance company has settled for X, Y or Z,
6
and have anyone say, wait a minute, we've got
7
motions to dismiss pending. I didn't even think we
8
would go to mediation this soon.
9
And you're exactly right. We are going to
10
mediation soon. But of course, in my case, from
11
the insurance company's standpoint, the clock is
12
ticking, you know, I just cost them money. And
13
their thought is, if they can settle without me
14
having to go to hearings, without me having to do
15
that, they are saving money.
16
And if they are going to settle it, better to
17
settle it early. And if they can't settle it, you
18
know, it's one of those situations that if the
19
plaintiff is so entrenched that there is no room
20
for negotiation that the insurance company finds
21
acceptable, then they have no choice, but at least
22
they have tried and they have tried early.
23
And that goes back to the question of how
24
much. I don't know. I know what I anticipate the
25
plaintiff wanting. But what the insurance company
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is going to find is that middle ground, or if they
2
are going to sit there and say, okay, fine, we
3
think the risk is, and we'll just pay you what you
4
want to be rid of it.
5
It's a bitter pill, but again, it's the
6
insurance company's money and from my standpoint on
7
behalf of the Town, as I've set forth in my motion
8
to dismiss on behalf of both the Town and the
9
individuals who were sued in this case, I do not
10
see the merits in the plaintiff's case. But
11
that's, again, it's not my money. It's the
12
insurance company's money.
13
MAYOR FEATHERMAN: I think that's pretty
14
clear. Are there any other questions that anyone
15
would like to make? Vice Mayor?
16
VICE MAYOR ZWICK: No.
17
COMMISSIONER PAGLIARO: I would just like to
18
make a statement. I hope a lesson has been learned
19
in terms of this whole situation. I felt
20
uncomfortable from day one in terms of the way the
21
whole thing played out and I just wanted to say
22 1 that.
23 MAYOR FEATHERMAN: I would say that the prior
24 administration did have legal direction on this
25 when they took that action, I assume, to let
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1 Dr. Sugerman go. They did it under advice of
2 counsel, or if they didn't, of course that was a
3 mistake on their part.
4 However, what you've said is exactly what I
5 think we should follow. And we will hear from you
6 as to what -- if you can make a settlement that's
7 acceptable to the insurance company, I don't think
8 we want to step on the insurance company's toes and
9 shoes, to represent us. That's why we have
10 insurance.
11 Thank you very much for coming and I think,
12 if there's no further questions, we've really
13 addressed this correctly.
14 MR. REYNOLDS: Thank you, sir. I appreciate
15 everybody accommodating me.
16 MAYOR FEATHERMAN: Thanks a lot.
17 MR. TORCIVIA: Closing the attorney/client
18 session so the court reporter can wrap up.
19
20 1 (The proceedings were concluded at
21 1 9:31 a.m. )
22
23
24
25
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WORD INDEX
is
< $ >
$10,000
7:18
$100,000
8:16
$166,000
7:14
$200,000
7:20
$31,000
7:15
$5,000 10:21,
23, 24
< 1 >
100 11:13
11th 4:17
1981 11:16
1983 11:16
< 2 >
20 16: 7
200 11:13
2012 1:4 2:3 22:14
25 16:13
25th 4:3
29th 22:14
• < 3 >
33409 1:21
< 4 >
4 1:4 2:3
470 1:20
< 5 >
57.105 4:11
< 7 >
768.28 7:25 8:10
< 9 >
9:02 1:5
9:31 1:5 21:21
< A >
a.m 1:5, 5
a.m. 21:21
absolutely 9:22
14:15 17:18, 25
accept 11:25 12:1
acceptable 19:21
21:7
accident 8:14
accommodating
21:15
action 6:18 7:3.
15:23 20:25
adage 10:2
add 5:17
additionally 4:10
addressed 21:13
adjusters 13:6
administration
20:24
adverse 5:25
advice 10:1 21:1
advise 14:1
ago 16:13
agree 17:25
agreement 4:19
15:14
ahead 5:5 6:3
13:12 18:23
alike 9:11
allegations 6:6
alleged 6:25 12:14
alleging 7:1
allowed 15:24
amend 5:15 15:22,
24
amended 6:22
amount 8:19 11:24
analysis 10:8, 9
15:13
anniversary 4:3
answer 4:23 14:3
anticipate 19:24
Appeals 16:14
appellate 16:19
apply 8:10, 17
appreciate 21:14
apprise 4:23
appropriate 3:8
approval 8:25
approve 4:21 5:20,
22 10:5 14:16
approved 7:15
approximately 7:13,
18
aside 6:24
asked 9:13
asking 5:6 10:13
12:17
assume 5:23 20:25
ATTORNEY 1:17
2:4, 8, 14 3:12
9:21 15:15 17:7
21:17
ATTORNEY -CLIENT
1:3
Attorneys 1:22 7:1
attorney's 4:12
5:14 6:21 7:16
12:13
authority 7:2
authorized 22:7
automatically 7:9
17:10
aware 8:12
< B >
back 10:11 11:25
17:8 19:23
BEACH 1:1, 21, 22
2:19 3:16 22:5
beauty 17:4
BEDARD 1:20 3:25
behalf 4:8 16:5
20: 7, 8
believe 4:14
BERNARD 1:11
better 10:18 13:18
14:5, 6 19:16
bitter 20:5
blanche 5:7
born 16:13
bottom 5:18
breach 6:25 7:11
8:6, 9, 11 11:14
briefed 18:2
bring 6:22
burden 10:6
business 9:1
11:21 15:19 16:21
17:14, 19
button 3:21
< C >
C101 1:21
call 2:3, 5 3:11
called 4:11 16:1
Florida Court Reporting
cap 8:11, 16 11:3,
13 17:5
capacity 8:3
capped 10:20
car 8:14
carte 5:6
case 2:18 3:15, 17
4:19 5:10, 12, 24
6:10, 16, 17 7:4
8:20 9:24 11:8, 14,
15 12:7 13:1, 13
15:5 17:9, 13, 13,
17, 22 18:13, 17
19:10 20:9, 10
cases 6:3 11:15, 17
cause 6:9 15:23
causes 8:18
celebrated 4:3
CEO 11:21
certainly 14:10
certify 22:7
cetera 13:2
choice 19:21
Circuit 16:14
circumstances
14:16
cities 11: 11
City 6:5
claim 5:14 6:19, 19,
21, 25 7:16, 20 8: 6,
10, 11, 13, 13, 14, 17
9:25 12:13
claims 4:8, 10 7:22
8:15 12:10 13:6
17:2
clarified 19:1
clear 9:20, 23 18:7
20:14
Clerk 2:5, 16 3:2, 6,
7,9
Client 2:4, 14 21:17
clock 19:11
close 2:12, 25 3:4,
7
Closing 21:17
Columbia 1:20
come 4:22 6:22
10:9, 11 11:21
16:16 19:3
561-689-0999
Page: 2
coming 11:25
21:11
comment 15:3
comments 15:2
COMMISSION 1:2
2:3, 9, 16 12:24
13:9, 14, 20 14:1, 5
15:8, 8
COMMISSIONER
1:13, 14, 15 9:4, 6
12:22 13:11, 13
14:9, 19 15:2, 4
18:8 20:17
Commissioners
13:14 14:10
company 4:18, 20
5:8 6:16 8:7, 18,
24 9:2, 7, 12, 21
10:14 11:22 12:3
13:5, 17 14:1, 7, 18,
20 15:6, 18 16:21,
24 17:16 18:5
19:5, 20, 25 21:7
company's 5:1
10:3 19:11 20:6,
12 21:8
compared 10:25
complaint 4:15
5:16
complete 15:13
completed 2:24
complimentary 9:10
concerned 14:23
concluded 21:20
conclusion 2:21
confident 11: 18
conflict 9:23
consider 6:8
consistent 2:14
contract 6:25 7:7,
8, 12 8: 6, 9, 11, 17
11:15
correct 13:2 22:10
correctly 21:13
cost 5:11 8: 23
19:12
costs 4:13 16:19,
19 18:4
council 14:11
counsel 4:11
15:15 21:2
COUNTY 22:5
course 12:2 19:10
21:2
court 2:17 16:14
21:18
courts 17:10
coverage 11: 12
coverages 10:19
covered 10:16
current 15:15
< D >
Dale 6:25
damages 5:17 7:13
daughter 16:12
day 20:20 22:14
de 7:11
decide 10:14
decided 16:15
decision 5:9, 19
12:24 13:8, 9
15:19 17:15, 19
deductible 10:21,
23,24
defamation 7:21
8:13
defend 17:23
defending 17:17
defense 4:13 5:11,
23 6: 7
DENNIS 1:15
depositions 16:2 ,
determination 9:15
different 6:15
Diplomate 22:6, 20
direction 20:24
disagree 7:5
disciplinary 7:3
discrimination 6:18
11:16 12:14
discuss 5:2, 7 8:5
discussing 2:18
dismiss 4:7 7:24
15:16, 21 18:3
19:7 20:8
dismissed 13:1
dispute 7:16
doing
12:23 14:21
dollar
17:5
door 3:1, 4, 7
DORIS
1:13
Dr 4:6
7:7 21:1
Drive
1:20
< E >
early 4:18 17:12,
13, 21 19:17, 22
economic 17:15
18:10, 14
EEOC 6:19
either 5:3 7:23, 24
14:14
employees 15:11
entities 6:14 17:4
entitled 14:11
entrenched 19:19
ESQUIRE 1:17, 22
essentially 7:19
estimating 7:18
et 13:2
evaluating 6:16
evaluation 10:8
events 10:20
eventually 16:15
everybody 2:12
21:15
everyone's 16:2
exact 9:17
Exactly 14:9 15:16
19:9 21:4
exception 17:21
excess 11:4, 18
expensive 17:23
experience 6:3, 11
17:1
Explain 15:5
exposure 8:20
express 13:15
14:12
< F >
fact 5:8 7:5 16:8,
9, 15
facto 7:11
factor 6:4 18:10
factors 18:17
Florida Court Reporting
facts 3:17
failure 7:3
familiar 11:20
far 14:23 15:7
FEATHERMAN 1:11
2:1, 7 3:5, 11, 21
9:5 10:16, 22, 24
11:6, 20 12:8, 20
13:12 15:1 16:23
18:6 20:13, 23
21:16
federal 11:16
fee 5:14 7:16
12:13
feel 10:5
feeling 14:20, 24
feelings 13:15, 20
fees 4:12 5:12
6:21 17:16 18:19
felt 20:19
figure 9:16 10:10,
12
filed 4:7, 10 6:18,
20
find 20:1
finds 19:20
fine 20:2
finished 3:4
firm 3:24
first 9:12 16:6
flat 11:4
Florida 1:21 15:20
16:4 22:4
follow 15:9 21:5
following 14:4
follow-up 14:4
foregoing 22:8, 9
former 6:5 15:14
forth 20:7
forward 4:13 16:1
Fourth 16:14
front 16:10
frustration 14:12
fully 18:2
further 21:12
future 13:23
< G >
general 17:20
561-689-0999
Page: 3
•
•
C7
generally 3:2 11:3
George 4:1
Geraldine 22:6, 19
getting 7:23
give 15:12
giving 10: 12
GLEN 1:17
go 4:13, 23 7:6
13:12, 19 14:22
15:25 16:9, 10
17:9, 11, 20 18:13
19:8, 14 21:1
goes 15:6 19:23
going 3:18 8:5, 24
9:13, 15 10:8, 9, 14
13:1, 17 14:16
16:18, 18, 25 17:8,
12, 23 18:15, 22, 23
19:9, 16 20:1, 2
Good 2:1, 11 3:20,
23
gotten 13:21 14:24
governed 11:17
governmental 6:14
17:4
granted 15:20, 21
16:5, 7, 12, 17
great 9: 11
ground 20:1
guess 11:5 12:22
guessing 11:5
< H >
hammer 17:6
hand 22:13
handled 18:2
happy 2:1
head 11:3
hear 21:5
heard 17:14
hearings 19:14
help 18:9
hereunto 22:13
hesitation 6:9
HIGHLAND 1:1, 22
2:19 3:16
hit 18:19
holiday 2:2
hope 20:18
hopefully 12:4 18:9
hundred 17:5
< I >
idea 9:7 14:20
including 16:3
incur 18:19
individual 4:10
13:14 14:11
Individuals 2:15
4:5, 9, 14 8:2 9:24
20:9
inform 8:23
information 3:17, 18
injury 17:1
instance 12:6
insurance 4:17, 20
5:1, 8 6:15 8:7, 18,
23 9:1, 7, 12, 21
10:3, 14, 17 12:3
13:5, 17 14:1, 7, 18,
20 15:6, 18 16:20,
24 17:15 18:5
19: 5, 11, 20, 25
20:6, 12 21:7, 8, 10
interested 4:18
interference 7:22
interpretation 7:6
17: 24, 25 18:1, 3
Invariably 15:24
invoked 7:4
involved 6:5 8:15
11:9 15:7, 9 18:24
issue 7:5
issues 4:25 6:7
its 6:17 9:2 13:5, 6
< J >
January 1:4 2:2
4:17
JOHN 1:14
JR 1:22
judge 15:25
judgment 5:25
7:25 16:2, 5, 6, 16
judgments 16:12
June 22:14
Jupiter 16:5
jury 7:6 16:10
< K >
KATHLEEN 1:16
10:18
knocked 7:24
know
10:18 11:2
14:18
15:6 16:11
19:12,
18, 24, 24
known
4:1
< L >
law 2:14 3:24
learned 20:18
leave 3:4, 6 7:15
15:21
legal 12:2 20:24
lesson 20:18
liabilities 12:5
line 5:18
litigation 3:19 4:6,
25
little 7:14
looking 8:7 16:21
17:22 18:5, 11
looks 15:18
lose 8:20 18:25
loses 18:24
lost 5:11
lot 11:8 16:20
21:16
low 10:25
LYMAN 1:22 2:17
3:24
< M >
Madam 2:5
majority 13:25
14:5, 14
making 6:6
man 13:21 14:24
MANAGER 1:16
2:17 6:5
manner 3:8 12:4
matter 5:5 6:12
13:2 18:1
matters 8:12
MAYOR 1:11, 12
2:1, 7, 11, 12, 15
3:5, 11, 21 9:5
10:16, 22, 24 11:6,
Florida Court Reporting
20 12:8, 20 13:12
15:1 16:23 18:6
20:13, 15, 16, 23
21:16
mean 17:18, 20
mediate 14:21, 22
15:12
mediation 4:16, 23
5:2, 20, 22 8:5, 24
9:16 13:8 14:4
15:6 17:9, 11, 12,
20 18:24 19:4, 8, 10
mediator 8:6
medical 7:15
MEETING 1:2 2:4,
9 3:3, 6 14:4
members 2:16 3:9
14:11
mentioned 12:6
merits 20: 10
middle 20:1
million 11:5, 19
minds 9:11
minute 19:6
MIRIAM 1:12
mistake 21:3
modify 7:3
money 10:2, 3, 15
11:24 13:3, 8
16:19, 20 18:4
19:12, 15 20:6, 11,
12
morning 2:1, 11, 19
3:20, 23
motion 7:24, 25
15:15, 20 16:6
18:2 20:7
motions 4:7, 12
17:13 19:7
move 2:7 16:1
18: 23
< N >
name 3:24
necessary 2:25
6:2 10:5
need 11:12 14:1,
17
negotiation 19:20
561-689-0999
Page: 4
nervous 8:19
never 17:20
nickel 14:25
non 7:10 10:20
notes 22: 10
noticed 17:9
number 4:2
<O>
obligation 14:8
obtain 4:18
obviously 5:12
6:15 8:19 10:11
12:15
occasionally 11:
offer 11:24
offering 9:7
official 8:2
oh 19:4
Okay 11:2, 6 13
15:25 20:2
old 10:2
oldest 16:12
OMITTED 2:6
ones 13:7
open 18:3
opinion 5:13 12
16
OPM 10:2
10
:11
:11,
opposed 5:4
opposing 4:11
13: 23
option 7:9
options 3:19 9:2
order 2:3
overriding 10:4
< P >
P.A 1:20
PAGLIARO
1:14
2:25 12:22
13:11
18:8 20:17
paid 9:20
17:17
Palm 1:21
22:5
parameters
10: 13
part 3:14 5:15
6:20 14:13
17:15,
19 21:3
partner 4:1
partnership
4:4
pay 5:10 7:14
10:15 14:7 20:3
payment 5:25
pending 4:6 5:14
12:12 19:7
people 11:8
people's 10:2
period 2:23 8:15
personal 6:4, 6, 8
13:15 14:23
personally 13:21
PERSONS 1:10
pill 20:5
place 22:9
plaintiff 5:15 18:17
19:19, 25
plaintiffs 15:21
plaintiffs 16:3
17:6 20:10
played 20:21
please 2:4 3:7
pled 12:16
point 3:13 6:2
7:17 9:1, 8, 19
13:22 15:25
police 11:15
policy 11:4, 18
PORTIONS 2:6
position 7:8 14:15
posture 6:13, 17
potential 5:1 8:20
12:13 14:2
potentially 4:12
5:24 6:22 12:17
PRESENT 1:10
2:15 3:18 6:17
Presently 4:7 5:13
12:12
president 11:22
Press 3:21
pretty 18:6 20:13
prevent 16:16
principle 6:12 10:4
14:6
prior 6:20 20:23
PRIVATE 1:3 2:4,
13,21
probably 13:18
16:7
proceedings 2:9
21:20 22:8, 11
process 9:16 11:9
16:19
proper 12:4
protections 8: 10
proud 4:2
provide 12:12
public 2:10, 13, 22
3: 6, 9
Pursuant 4:19
<q>
question 3:2 7:5
9:13 14:3 15:5
16:8, 9 17:8 18:15
19:23
questions 4:24
11:10 12:21 20:14
21:12
quite 11:17
< R >
range 7:18
reached 5:21
real 17:5
realize 18:21
realizing 13:16
really 6:24 7:19
8:4, 22 10:19
12:23 13:9 21:12
reason 11:7 16:11
regard 4:9, 24 5:1
6:6
regarding 3:17, 18
13:16
Registered 22:6, 20
regulations 15:10,
11
relates 5:18 12:7
remember 8:9
renew 7:10
renewal 7:10
renews 7:9
reopen 2:22
report 22:8
reporter 2:17
21:18 22: 7, 20
represent 7:22
Florida Court Reporting
9:22 21:9
representation 9:23
representative 13:6
representatives
10:5 13:7
representing 3:15
4:4 12:3 17:3
requirement 17:11
resolving 5:4 12:18
respectfully 7:4
response 9:14
responsibility 5:24
responsible 8:2, 3
reversed 16:13
review 2:8
REYNOLDS 1:20,
22 2:18 3:14, 20,
23, 24, 25 9:9
10:18 11:1, 7 12:7,
9 13:4, 24 14:10
15:13 17:3 19:2
21:14
rid 20:4
right 13:15 17:3
19:9
risk 5:9 10:8
18:12, 18, 18 20:3
ROBERTS 1:20
3:25 4:1, 2
roll 2:5
roof 18:19
room 19:19
room. 3:10
rule 17:20, 21
rules 15:10, 10
Rusty 4:1
< S >
sanction 4:11
save 17:16
saving 19:15
saying 17:23
18:10, 11
says 15:25
scheduled 4:16
season 2:2
Section 11:16, 16
see 20: 10 is
seek 5:16
561-689-0999
Page: 5
•
U
seeking 4:12 7:13
send 17:10
sense 18:16, 21
separate 17:24
SESSION 1:3 2:12,
14, 21, 22, 23 21:18
set 20:7 22:13
setting 6:24
settle 6:10, 12
12:10 16:24 19:13,
16, 17, 17
settled 12:9 19:5
settlement 3:19
4:19, 21 5:2, 21
10:6 13:16, 18
14:17 21:6
shade 14:4
shared 9:17
SHERIDAN 1:15
9:4, 6 13:13 14:9,
19
shoes 21:9
short 2:23
side 9:1 18:12
simpler 13:5
simply 5:7
sir 9:3, 6 21:14
sit 15:7, 8 20:2
situation 18:20
20:19
situations 19:18
slow 12:23
somewhat 13:4
soon 3:3 19:8, 10
spoke 9:9
stage 18:22
standpoint 6:7, 9
7:17 16:22 19:11
20:6
state 15:20, 23
16:4 22:4
stated 22:9
statement 9:11
20:18
states 15:16
statutory 11:12
stay 3:3
stenotype 22: 10
step 21:8
strategy 3:19
strictly 15:19
16:21 17:19
strong 12:15
strongly 5:4
subject 8:25
subsequent 5:20
successful 7:23
sued 4:5 9:24
20:9
Sugerman 2:19
3:16 4:6 7:7 13:1
21:1
Sugerman's 7:1
suggest 10:7
suggestion 10:1
suit 6:20
Suite 1:21
summary 7:25
16:1, 4, 6, 11, 16
supplied 15:14
sure 8:12
surprise 5:3
suspend 7:2
< T >
take 10:6 12:2, 23
14:8
taken 4:15 6:13,
13 16:3 22:11
talk 8:4
talking 7:19 11:1
tell 4:2
telling 18:16
termination 7:11
terms 5:9 8:19
11:11 17:8 20:19,
20
Thank 3:22 12:20
21:11, 14
Thanks 21:16
thing 8:9 9:19
12:11 20:21
things 6:1
think 3:25 9:11, 12
11:1 14:20, 24
17:22 18:6 19:7
20:3, 13 21:5, 7, 11
thinks 14:5
Thomasson 22:6, 19
thought 9:18
12:15 18:22 19:13
thousand 17:5
threatened 6:19
three 15:22
ticking 19:12
time 2:23 3:5 5:5
6:3 8:15 15:9 22:8
times 11:8, 23
15:22
Title 6:19 12:14
today 4:17 8:22
13:25 14:13
toes 21:8
top 11:2
TORCIVIA 1:17 2:8,
11 3:13 21:17
tort 8:13
tortious 7:21
torts 8:1
TOWN 1:1, 2, 16, 17,
22 2:3, 8, 16, 17, 19
3:5, 7,9, 12, 15, 16
4:4, 8, 20, 21 5:7,
19, 19, 22, 23 6:3
7:1, 7, 10 8:1, 23
10:1,4, 7 14:7,25
15:14 16:5 18:18
20: 7, 8
towns 11:11 17:4
Town's 9:21 15:10
18:1
transcription 22:10
trial 16:10, 18, 25
17:10, 12 18:13
tried 19:22, 22
TRINLEY 1:13
15:2, 4
true 22: 10
try 15:22
trying 4:18
turn 3:14
TUZZIO 1:20 3:25
twice 15:22
type 5:6 8:14
11:8, 14 13:17
< U >
unanimous 14:15
Florida Court Reporting
uncomfortable
20:20
underlying 11:3
understand 18:9, 20
underwriting 11:9
unequivocally
15:16 17:18
universally 7:23
unused 7:15
upcoming 5:2
upper 11:2
< V >
valid 5:14
various 11:11
versus 2:19 3:16
viable 6:8 9:25
12:13
VICE 1:12 20:15,
16
viewpoint 6:15
VII 6:19 12:14
< W >
wait 19:6
want 6:12 9:20, 22
12:18 18:19 19:3
20:4 21:8
wanted 4:22 18:25
20:21
wanting 6:9 8:25
19:25
way 13:18 14:22
19:4 20:20
Wednesday 1:4 2:
week 4:16 9:2
week's 8:24
weigh 5:9
weighing 9:2
WEISER 1:16
10: 21, 23, 25
well 2:7 3:13 4:15
11:11 16:15
went 5:25
We're 4:4 8:4
9:15 12:23 17:12
West 1:21
we've 4:10 11:22
19:6 21:12
A
561-689-0999
Page: 6
Florida Court Reporting 561-689-0999