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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
ATTORNEY -CLIENT PRIVATE SESSION
Tuesday, May 29, 2012
2:43 p.m. - 3:37 p.m.
D ORIGINAL
PERSONS PRESENT:
BERNARD FEATHERMAN, MAYOR
RON BROWN, VICE MAYOR
DORIS M. TRINLEY, COMMISSIONER
LOUIS P. STERN, 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 * * *(PORTIONS OMITTED)* * *
2 The following proceedings were held in the
3 Commission Chambers, 3614 South Ocean Boulevard, in the
4 Town of Highland Beach, County of Palm Beach, State of
5 Florida, on Tuesday, May 29, 2012, beginning at 2:43
6 p.m., with persons present as above -noted.
7
8 MAYOR FEATHERMAN: Gentlemen and ladies, good
9 afternoon.
10
I would like to call to order the Town
11
Commission Attorney/Client private session. We'll
12
all rise for the pledge of allegiance.
13
(Pledge of Allegiance.)
14
THE COURT: And the clerk will recite the
15
civility pledge, please.
16
THE CLERK: We will be respectful of one
17
another even when we disagree. We will direct all
18
comments to the issues, we will avoid personal
19
attacks. Politeness costs so little.
20 MAYOR FEATHERMAN: Are there any additions or
21 deletions to the agenda?
22 Hearing none, the agenda is accepted as
23 submitted.
24
Since we
do
not
have
anyone here for public
25
comments, we
will
go
into
the Town Attorney
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procedure. Would you proceed to the
•
2
Attorney/Client private session.
3
MR. TORCIVIA: Thank you, Mr. Mayor. As you
4
call the attorney/client session to order the
5
public meeting will close and we will begin the
6
private attorney/client session. The clerk is
7
leaving in a minute, and then I'll introduce
8
Mr. Lyman Reynolds who I believe you have met
9
before, who is representing the Town in the Dale
10
Sugerman litigation.
11
THE CLERK: Do you need the microphone?
12
MAYOR FEATHERMAN: Yes, I'd leave that on.
•
13
(The clerk withdrew from the room).
14
MAYOR FEATHERMAN: Okay. We will proceed
15
now.
16
MR. TORCIVIA: Do you want to start or me to
17
start?
18
MR. REYNOLDS: Either way. I'll start.
19
MR. TORCIVIA: Okay.
20
MR. REYNOLDS: Good afternoon. Update on the
21
Sugerman litigation. We have pending before the
22
Federal Court Judge our motions to dismiss. We had
23
done a mediation pre -suit which I brought everyone
•
24
up to speed on at our last session. That did not
25
result in settlement.
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1 As a brief overview, at that time there was
• 2 over a million dollar demand, that finally the
31 respective parties sort of hardened their
4 positions, with Dr. Sugerman being at $250,000, and
5 the Town's offer being $75,000.
6
One of
the reasons for the shade
meeting
7
today was,
we were hoping to schedule
a mediation
8
before the
hearing on June 8th on our
pending
9
motions to
dismiss. We thought this
was an
10 appropriate time to revisit potential settlement
11 negotiations.
12 Dr. Sugerman declined that opportunity. They
• 13 basically are taking the position that they are
14 entrenched at their demand of $250,000 which they
15 1 have indicated they do not intend to go any lower.
16 1 Their position on the case is one of their
17 1 entitlement to, let's call it $175,000 in breach of
181 contract, and then their best case scenario is
19 three years of 175,000, which is approximately
20 $525,000, coupled with an alleged federal action
21 for discrimination in which Dr. Sugerman takes the
22 position that he was standing up for the rights of
23 the aggrieved discriminated against party, which is
24 the federal claim, what's called Section 1983.
25 1 And under Section 1983 he would have a claim
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1 for his attorney's fees and costs if he prevails on
2 those federal claims, which would significantly
3 increase his overall claim and then he's entitled
4 1 to general damages.
5 1 So from their perspective they believe they
61 have come down as far as they are going to come
7 down in terms of settlement negotiations.
8 We thought they had room to negotiate which
9 is why we encouraged them to engage in mediation
10 1 before the hearing on June 8th, but they so
11 1 declined.
12 1 In the meantime, a wrinkle has arisen with
13 1 regard to the insurance company, and as I believe
14 I've advised the Commission from day one, I don't
15 get involved with coverage, in terms of how claims
16 are paid or who pays the claims. The City
17 Attorney, Mr. Torcivia, has been in contact with
18
the
insurance company and I'll
let
him advise
you
19
with
regard to their position
with
regard to
the
20 claims as they presently stand.
21 MR. TORCIVIA: Thank you. As Mr. Reynolds
22 says, it's certainly a wrinkle and probably a big
23 wrinkle. You know, when I became City Attorney, I
• 24 began getting copied by Mr. Reynolds on the
25 litigation and at some point in the last month or
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six
weeks or
so I received
copies of letters
that
2
the
insurance
company had
sent regarding the
extent
3 1 of their coverage.
4 1 And as I started having conversations with
5 the insurance company representatives and read
6 those letters, what was becoming clearer and
71 clearer that the. Town does not -- at least the
8 insurance company is taking the position, they are
9 probably right -- that the Town does not have
10 insurance coverage for a breach of contract claim.
11 We do have insurance coverage for the federal
12 claims that Mr. Reynolds has talked about. So, if
131 he does a good job at court on June 8th -- and I
14 believe he will, and I've read what he submitted
15 and I've read what the other side submitted, and if
16 1 I was the judge, I would grant his motion to
17 1 dismiss his federal claims -- Mr. Sugerman's
181 federal claims.
19
Which is
on the
one hand a
very good
thing.
20
But from the
Town's
standpoint
it could be
a very
21 bad thing because the Federal Judge -- I don't
22 think he's going to dismiss the whole case. I
23 think the breach of contract case has enough
24 factual disputes that my guess -- that's all this
25 1 is, is a crystal ball guess -- the Federal Judge if
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he dismisses the federal claims, he alone has
2
jurisdiction over the state breach of contract
3
claim, and frankly would be just as happy to send
4
that case back to state court from whence it came.
5
So we could win the battle and lose the war
6
from the Town's standpoint. The good thing, if we
7
win the federal claim, the individual Commissioners
8
will probably be dismissed. And the attorney's
9
fees provision goes away.
10
But, so will your insurance coverage. Not
11
that I'm even sure whether the carrier will defend.
12
I think they will continue to provide Mr. Reynolds
13
the cost of his defense, but they probably will not
14
pay anything toward the settlement. And I'm really
15
not even sure about the cost of defense. We
16
haven't gotten that far in our conversations yet.
17
So say, for example, Mr. Sugerman goes back
18
to state court, if my crystal ball -- and all
19
crystal balls are a little cloudy -- but if the
20
crystal ball is correct and they go back to state
21
court and he eventually wins $175,000, that would
22
all be the Town's nickel. There will be no.
23
insurance coverage for that.
24
So at the mediation the $75,000 that, quote,
25
the Town offered was really insurance company
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1
money, and the insurance company has $75,000 on the
2
table. Mr. Sugerman is at 250. Obviously that's a
3
gap of $175, 000 .
4
We were hopeful that we would come back to
5
the table and get him to come down somewhat. And
6
it would almost be dual negotiations. We would be
7
negotiating with Mr. Sugerman to come down and we
8
would be negotiating with the insurance company to
9
pay as much of, let's assume $200,000, just picking
10
a number.
11
Assume Mr. Sugerman comes down to $200,000,
12
well, the carrier's at this point position is,
13
we'll pay 75,000, you pay the rest. Obviously our
14
position would be a little more aggressive and say
15
you should pay a higher percentage.
16
So this is an information session. A couple
17
weeks ago when I started speaking to some of you
18
individually, many of you, the manager nor I had
19
any idea that there was not full coverage.
20
And so in terms of strategy and authority,
21
what is the Commission's thought about putting some
22
money into the pot? And it's hard to say how much
23
because we don't know how much Mr. Sugerman is
24
going to wind up, but, again, for the sake of
25
discussion I will suggest we say $200,000, and I
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1 know he's not there, he's at 250. But if we can
2 get to 200, how much, if any, would the Town want
3 to contribute towards that?
4 The carrier has suggested a dollar for dollar
5 match. So if it's 75 and 75, 150. I've worked
6 with this representative carrier before. I think
7 she'll be a little more flexible, but I don't think
8 they are going to offer to pay a hundred percent.
9 What they see as a breach of contract claim,
10 they can read his motions, they can read the other
11 side's response, and I think we all kind of have
12 the sense that the Judge is probably going to
13 dismiss the federal claims.
14 So, I'm not sure -- Lyman, is there anything
15 you want to add to that? Elaborate a little bit?
16 Because you've not been involved with this for a
17 long time.
18 MR. REYNOLDS: The only thing that I would
19 add, two points, was, PGIT which has the policy for
20 the general liability claims had defended because
21 in the original state court action there was a
22 claim of defamation by the Commissioners. So they
23 provided the defense on that claim, which I've
24 moved to dismiss and would have had granted except
25 when the plaintiffs amended their complaint, they
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1 dropped that claim, because they realized they were
2 going to lose that.
3 So as soon as they dropped that claim, PGIT
4 then sent a letter advising the Commissioners, and
5 I believe the Town, that PGIT under the general
6 liability policy would no longer be providing a
7 defense or coverage, because there isn't a covered
8 state claim.
9
So, Mr. Torcivia is correct. As it stands
10
now, if I am successful on the federal claims under
11
Section 1983, there would only be the breach of
12
contract claim which would be remanded to state
13
court. And that's a contractual claim for which
14
the insurance company takes the position, as I
15
understand it, that there is not coverage.
16
Now, in terms of the good news/bad news of
17
the motion to dismiss, the plaintiff has taken the
18
position that the Commissioners were acting in an
19
administrative role when they terminated or did not
20
renew the contract of Dr. Sugerman.
21
So that's their argument to void absolute
22
immunity for a Section 1983 claim, which, as
23
Mr. Torcivia has eloquently characterized it as the
24
good news/bad news claim, which is, if it's an
25
administrative position, then the Section 1983
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1
claims would survive in federal court, for which
2
there's coverage for both the Town and for the
3
individual Commissioners.
4
So, that's one of those where we don't win,
5
but perhaps the Town and the Commissioners do win
6
in that there would be coverage under those, which
7
is, again, why I don't get into coverage and what's
8
covered and what's not covered, but I'm just trying
9
to lay all the cards out on the table for you.
10
And that is their position, that any
11
personnel action on the part of the Commission is
12
considered administrative, as opposed to
13
legislative. You have absolute immunity for a
14
legislative function. You have a qualified
15
immunity for an administrative personnel decision.
16
Which, if it's a qualified immunity would be
17
a question of fact for which a motion to dismiss
18
may not be granted. So that's something that
19
Mr. Torcivia on behalf of the Commission and the
20
Town would use as an argument to the insurance
21
company for them to consider paying more sooner
22
rather than later.
23
That's the dilemma that we find ourselves.
24
And as I've said, from the very beginning, my one
25
and only job is to defend the Town and to defend
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i I the Commissioners, and former Commissioners, former
2 1 Mayor.
3
That's my function. I don't look at who pays
4
me. I don't look at who pays any judgment. My
5
philosophy is, there shouldn't be any judgment to
6
pay, because we are in the right and we should win
7
this case. And that's my mentality. But at the
8
same time, settlement gives you a certain outcome.
9
MAYOR FEATHERMAN: Let me ask you something.
10
Originally they had taken two Commissioners and the
11
Mayor off of the suit. Are they back on again?
12
MR. REYNOLDS: They brought them back on
13
again in the federal action.
14
MAYOR FEATHERMAN: Well, we stand a good
15
chance of getting out, right? A good chance. Not
16
necessarily it's going to happen, but the odds,
17
from what you say, will be good to help eliminate
18
that against those folks.
19
MR. REYNOLDS: It would be great if we could
20
but that's the analysis that I just went through.
21
The plaintiff in their response and opposition to
22
our motion to dismiss has taken the position that
23
when the former Mayor and the two Commissioners
24
took that action, whatever action that was, it was
25
administrative, not legislative.
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1
And so it would in all probability be subject
•
2
to what's called a motion for summary judgment
ud ment
3
somewhere down the line, but in terms of the
4
initial motion to dismiss, the court may take the
5
position that that's administrative and leave them
6
in.
7
COMMISSIONER PAGLIARO: At this point I don't
8
think we have much of a choice. I think our
9
pickings are slim and I feel that even if we win,
10
as you say, on a federal level, they can go back to
11
the state on this breach of contract which would
12
very possibly cost the Town a lot more money.
•
13
MR. REYNOLDS: That is correct. Their
14
argument is that he's entitled to three years. Our
15
position is that he's not entitled to any. But
16
best case, middle ground scenario would be one
17
year. And that's what we come up with and I just
18
picked 175 as an approximation for which as I
19
understand it there is not coverage.
20
COMMISSIONER PAGLIARO: Would there be any
21
chance or is it possible for us to talk to the
22
insurance company once again and just see how high
23
they will come up? And if we have to make up the
•
24
difference, I think, this is where we got to bite
25
the bullet.
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1
MR. TORCIVIA: Well, again, I will continue
2
to have those conversations and try to get them up.
3
At this point it's kind of bidding against yourself
4
because Mr. Sugerman is not participating. We just
5
know his number is 250. I think that's too high, I
6
think Mr. Reynolds thinks that's too high but that
7
may be his final number.
8
You know, his attorney sent an e-mail back to
9
Mr. Reynolds indicating, no, we don't want to
10
mediate again. You can always ask the judge to
11
order you back to mediation, even though we've been
12
to mediation once, that might happen.
13
MR. REYNOLDS: That won't happen in this
14
case, because we're in federal court. They had
15
done a motion to be relieved from mediation in
16
federal court, advising the court we've already
17
been to mediation, we were too far apart, and so
18
there would not be an order directing us to
19
mediation because the court has entered an order
20
excusing us from that.
21 MR. TORCIVIA: So worst case scenario if
22 Mr. Sugerman stays at the 250 number and the
23 carrier has indicated they would go dollar for
24 dollar, it could be $125,000 for each side if you
25 want to go that high.
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1
Now your other risk, though, on a breach of
2
contract, and again, they may win the breach of
3
contract at the end of the day, but if there's a
4
loss, the loss is probably going to be, and I would
5
agree with Mr. Reynolds's 175. He's going to ask
6
for the three years. I think that's a slim -- I
7
think a more realistic view is either zero or 175.
8
That's, you know, my field assessment because
9
I'm not on the ground. Mr. Reynolds is looking at
10
a piece of paper, but I do think that there's at
11
least a chance that he may get 175 and we could be
12
on the hook for all of that. So do you want to
13
authorize going as high as 125?
14
I, frankly, that's a lot of money, but, you
15
may want to think about some number that I can go
16
back to the insurance carrier and say, well, the
17
Town will put in 50, if you will put in a hundred,
18
or, they want one and a quarter. But right now the
19
carrier is at 75, Sugerman is at 250, so there's
20
been no movement either way. Our money might be
21
the money that creates movement hopefully on both
22
sides.
23
MAYOR FEATHERMAN: Who makes the first move
24
as far as the offers?
25 1 MR. REYNOLDS: At this point in time the ball
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would be in our court. What we had hoped for
2
originally was that -- and this was as far as I
3
understood it, all insurance company money -- was
4
to go to a hundred and settle it there, when they
5
were at the 250.
6
When Dr. Sugerman's attorney wrote to me
7
declining mediation, her statement was, "but we'll
8
entertain any counter offer."
9
Interesting, again, it's gamesmanship,
10
there's no question about that. Her position was,
11
well, we're going to go up to 300 for no other
12
reason than to give herself negotiating room to
13
come back down to the 250.
14
It's one of those where --
15
MAYOR FEATHERMAN: No matter what offer you
16
give them, they are still going to try to negotiate
17
it upward.
18
MR.
REYNOLDS: What they are going to try to
19
do is
be
in a position where they don't come below
20
250.
So
if I go to a hundred they will go, okay,
21
we'll
come
down to 190. I go, wait a minute, you
22
were
at
250. And not meaning to be disparaging at
23
all,
she
keeps bringing up the fact that they filed
24
a proposal
for settlement.
25
The
proposal for settlement has no meaning in
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1
federal court. It would only have meaning if it
2
was sent back down to state court.
3
MAYOR FEATHERMAN: What course of action do
4
you feel we should take in this matter?
5
MR. REYNOLDS: Well, looking at it from a
6
business standpoint, if you're currently in a
7
posture that if it's only a state court claim and
8
you lose the state court claim, you lose $175,000
9
plus interest on that for whatever period of time
10
because that's called liquidated damages, and
11
that's at the legal interest rate.
12
The other thing is, if it's only a state
13
court claim and they take the position that there
14
is no coverage, then there is no payment for
15
defense. I've had that occur on occasion over the
16
years.
17
There's no
requirement that you hire me. My
18
experience has
been that in the past clients have
19
then hired me directly. But you then have that
20
exposure of the
175 plus interest, plus the cost of
21
defense, which
is not inexpensive at all.
22
So if you
have that exposure, and let's just
23
leave it at 175
now, if you split the 125 and the
24
125 between the
insurance company and the Town,
25
you're already
ahead $50,000, if that makes sense.
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Does that make sense? You see what I'm
2
saying? As opposed to you have a complete 175
3
that's your dollar, as opposed to 125, 125.
4
And again, I think there is a leverage
5
argument to be made for the Town, again, without me
6
getting into coverages, that Mr. Torcivia can make
7
and emphasize to the insurance company, which is
8
this administrative versus legislative function for
9
the three individual defendants.
10
As much as I would like to get them out,
11
that's simply what the case law that they have
12
cited goes to. And it just depends on which side
•
13
the judge comes down on.
14
Yes, ma'am.
15
COMMISSIONER TRINLEY: I'm a Commissioner
16
involved that's still sitting. I'd like to go back
17
to the beginning. As a layman I think he's honing
18
in on that part of the contract that says no way he
19
could not have gone on for the next three years, is
20
that right?
21
MR. REYNOLDS: What they are saying is -- his
22
argument is this, and it was, candidly, crafted
23
very much in his favor, and as I understand it from
•
24
former City Attorney Sliney, Dr. Sugerman
25
essentially wrote the contract himself. And what
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1 he's saying is, you cannot not renew. Your only
2 option is, after he completed the first three years
3 of the contract, there's no dispute there, you can
4 only either terminate him or renew him on a yearly
5 basis.
6
If you terminate him, you owe him a year's
7
salary and benefits. Therefore his position is,
8
this was termination. Not non renewal. There is
9
no, quote, unquote, non renewal provision within
10
the contract, is his argument.
11
COMMISSIONER TRINLEY: Okay. You talked
12
about administrative versus legislative.
13
MR. REYNOLDS: Yes, ma'am, that's for
14
absolute immunity.
15
COMMISSIONER TRINLEY: But, has it been
16
brought out that he did not follow the
17
administrative way to handle an employee who had
18
done something, quote, wrong, unquote?
19
MR. REYNOLDS: Those are facts that you don't
20
bring up in a motion to dismiss. A motion to
21
dismiss is only on the law. And the law as I'm
22
arguing it is that the Commissioner and the --
23
Commissioners and the former Mayor are absolutely
24
immune from suit.
25
And under the law, without looking at any
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1 facts, for purposes of the motion to dismiss, they
2 argue that this was a personnel decision, which is
3 qualified immunity, not absolute immunity. That's
4 the legal argument and that's the civil rights
5 Section 1983 argument.
6 MR. TORCIVIA: Let me say one other thing.
7 Even though this case seems like it's going on a
8 long time, when you are involved in a lawsuit, in
9 the procedural posture of the case this is the
10 first inning or the second inning of a nine inning
11 1 case.
12 1 As Mr. Reynolds has said, in a motion to
13 1 dismiss, let's make believe the other side says the
14 moon is green, you have to accept that the moon is
15 green. And your argument legally is the moon is
16 green doesn't mean that I'm liable to pay you any
17 damages. It's not against the law for the moon to
18 1 be green.
19 So when he says that this is only on the law,
20 you have to accept everything in Mr. Sugerman's
21 complaint as the gospel truth. It said the moon is
22 green, and the moon is green, and the judge has to
23 1 accept that.
24 Even with that being said, there's a good
25 chance the judge may dismiss those federal claims
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and
dismiss the individual
Commissioners. But if
2
the
judge doesn't, then you're
going to move into
3
the
second and third inning
of the case which is
4 1 eventually what's called motion for summary
5 judgment where the judge can look at facts and can
6 say, oh, the moon really wasn't green after all, it
7 was brown or whatever color the moon happens to be.
8 So that's phase two. And then the final
9 1 phase is the trial, and in between is lots of other
10 paperwork that goes back and forth, depositions.
11 So this is still early on, but what really piqued
12 my interest in asking for this session is the
13 discovery that the carrier may say, we're walking
14 1 away, in which case we're potentially responsible
15 for Mr. Reynolds' fees.
16 And I'm not going to ask him to give an
17 estimate what they are going to be, but I can
18 assure you they will be more than $50,000. And if
19 you go through a trial they may be more than a
20 hundred thousand dollars, that the Town would have
211 to pay.
22 1 MAYOR FEATHERMAN: There's one kicker that I
23 1 don't understand here, and that is the insurance
24
company will not back
this up because now
they have
25
a loophole to get out
of certain things,
is that
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1
correct?
•
2
MR. TORCIVIA: What you and I may call a
3
loophole the insurance company will say is a
4
contractual provision. We provided you with
5
insurance coverage for a slip -and -fall. We did not
6
provide insurance coverage for breach of contract.
7
You don't have insurance for that.
8
And most companies will not give you
9
insurance for breach of contract, because that's
10
not covered by insurance. If one side breaches a
11
contract, they are responsible for your contractual
12
damages. So that's what the insurance company's
13
position is, that we're responsible for the federal
14
claims, we may be responsible for some state law
15
claims, but we're not responsible for a breach of
16
contract claim.
17
And right now the insurance company still has
18
money in the game. But if he wins, if he wins the
19
motion in federal court, then the insurance company
20
may disappear. And he may not win. As he said,
21
the judge may say, no, it's a motion for summary
22
judgment, and we're going to continue on, and he
23
will still represent the Town at the insurance
•
24
company's expense.
25
Whether it's at our expense or their expense,
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•
•
1
but either way this may be an opportune time to try
2
and get this resolved while the insurance company
3
still does have money in the game and I think they
4
will go more than the 75. And I think they will do
5
better than the one to one match.
6
There's negotiation with them as well. Where
7
Mr. Sugerman winds up, where the insurance company
8
winds up, I don't know. 125 and 125, yes, that
9
would settle the case today. Do I think that's too
10
high? I do. I think 250 is too high and I think
11
125 from the Town is too high.
12
But what I'm looking for today is some sense
13
from the Commission as to how high you would like
14
us to go. And whatever that number is, I'm not
15
going to tell the insurance company what that
16
number is, but I'm going to say to them, I've got
17
some authority but you need to come up with more
18 1 money.
19
And hopefully Mr.
Reynolds
can
talk
to
20
Mr. Sugerman and his lawyer
and
get
them
to come
21
down, so there's real
money on
the
table.
If
22
Mr. Reynolds has, for
example,
$175,000
or $200,000
23
of real money, perhaps
Mr. Sugerman
says,
okay,
24
I'll take that money.
25
MAYOR FEATHERMAN:
When is
the
next
court
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r�
L
1
case due then?
2
MR. REYNOLDS:
June 8th, a week from Friday.
3
MAYOR FEATHERMAN: A week from Friday.
4
COMMISSIONER TRINLEY: What happens? What
5
are you going to do
a week from Friday?
6
MR. REYNOLDS:
I'm going to go before the
7
judge and argue our
motions to dismiss. And he's
8
been fully briefed.
9
COMMISSIONER TRINLEY: On the federal level.
10
MR. REYNOLDS:
On the federal level, yes,
11 1 ma'am.
12 COMMISSIONER TRINLEY: Are we still in it for
13 the state?
141 MAYOR FEATHERMAN: We can still lose on the
15 1 state.
16 MR. TORCIVIA: The federal level is a federal
17 judge in Fort Lauderdale. And if he keeps -- the
18 state claim is part of the federal claim right now,
19 they are wrapped up together. But the federal
20 judge can dismiss the federal claims and just leave
21 the state claim all by itself, and if he does that,
22 he doesn't have the case any more because he can
23 only have federal claims in federal court.
24 So if he dismisses the federal claims, that
25 state claim will still survive and go back to state
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•
1
court. That's where the Town could be on the hook.
2
MR. REYNOLDS: That's called a remand. We
3
remove it from federal court. If he knocks out the
4
federal claims, it's remanded back to state court.
5
And again, Mr. Torcivia can look at this for
6
coverage purposes.
7
Again, with regard to the insurance company,
8
an argument could be made -- I'm not saying that
9
it's presently framed that way by the complaint
10
because they have made it a breach of contract
11
claim, but there is a tort for which there may be
12
coverage for, quote, unquote, wrongful termination.
13
And I would, if I were Mr. Torcivia, say to
14
the insurance company, hey, it's a state court
15
claim. That is sort of like, remember I told you
16
about the defamation? There's no question that
17
defamation is a state court claim for which PGIT
18
had coverage.
19
But if the argument was, no,
this really
20
isn't a breach of contract
claim,
this is a
21
wrongful termination claim,
then
there may be an
22
argument to be made by Mr.
Torcivia
on behalf of
23
the Town to say to the insurance
company, hey, you
24
don't get out all the way even if
we get remanded,
25
which would give them more
incentive
to pay the
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1 case.
• 2 MAYOR FEATHERMAN: What is our exposure
3 overall then?
4
MR. REYNOLDS: Overall? Okay. Yeah, that
5
pretty much sums it up. Which is, well, you've
6
got, from the federal standpoint, you're liable for
7
general damages. He's wanting to make a claim for
8
damage to his reputation. Can't replace his
9
employment. That would be under, quote, unquote,
10
wrongful termination argument.
11
You've got the 175 to 525 figure of the three
12
years under the contract. As Mr. Torcivia pointed
13
out, I am not inexpensive. If it's through trial,
14
it's well over a hundred thousand dollars, no
15
question about that.
16
The intangible damages, if it's allowed to
17
proceed with this loss of reputation and the rest,
18
can be any number he asks for. Then we're back to
19
the ladies and gentlemen of the jury, give him a
20
million dollars, because what's your good name
21
worth? And that's their argument.
22
So, and again, if the argument is, what's
23
your good name worth, and, you know, that argument,
24
that's covered under insurance, as I understand it.
25
So back to the Town, if you want to talk
Florida Court Reporting 561-689-0999
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1
2
3
4
5
6
7
8
9
10
11
12
• 13
14
15
16
17
18
19
20
21
22
about the Town's exposure, I would put the Town's
exposure at about 275 to 300. And the reason being
is you take the 175, you do the legal rate of
interest, and then you do the cost of defense just
on that. Because it would just be for that claim.
The other really is insurance company
exposure because that would have to presume the
Section 1983 claim survives in federal court.
MAYOR FEATHERMAN: Well, that's something you
fellows and I have to get together and talk about.
MR. REYNOLDS: And obviously in these
sessions you don't decide anything. But it's one
of guidance for you to think about and, you know,
under sunshine and all of that, this is the time to
do that, but that having been said, now that you're
fully informed, I'll make myself available.
Again, I was supposed to start a trial on
Monday, that I was just advised by the court has
been continued, so I can get back here again before
the 8th.
MAYOR FEATHERMAN: I think that's the best
course of action to do.
23 MR. REYNOLDS: I think so as well because
24 we've given you a lot of new information and this
25 was new information obviously to both Mr. Torcivia
Florida Court Reporting 561-689-0999
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1
and myself since our last meeting.
•
2
MAYOR FEATHERMAN: Because if the insurance
3
company normally takes over on a case, we normally
4
don't do anything to disturb it.
5
MR. REYNOLDS: Exactly. Other than what we
6
talked about at the last meeting, which was
7
anticipated approval. Which is why, as
8
Mr. Torcivia and I were pointing out, this new
9
wrinkle was completely unexpected to me.
10
As I said, I don't get involved in that
11
aspect of the case in terms of coverage, and so
12
he's been working with the insurance company
•
13
directly.
14
MR. TORCIVIA: If I could make a request. I
15
would suggest or request that the Commission would
16
grant authority up to a certain dollar amount of
17
the Town's money. Again, I won't disclose how much
18
that is to the carrier, but so that we can, both
19
Mr. Reynolds working with Mr. Sugerman's lawyer,
20
and working with the carrier, get their number up
21
to maybe where we can get this settled.
22
And, you know, would you throw a number, if
23
you like, I'm thinking somewhere in the 75 to
•
24
hundred thousand dollar range, and as the maximum
25
hope we can get it below that. And my thought
Florida Court Reporting 561-689-0999
Page- N
•
•
1 process is, at $75,000, if it's the 75 the
2 insurance company still has out there -- and that's
3 probably not going to get the case settled. From
4 what I've heard Sugerman is not going to go that
5 low.
6
My gut tells me we may get him to 200, but
7
it's only my gut. He's been at 250. But my
8
thought is if we can get that kind of number, I may
9
be able to talk the carrier into with all the
10
tricks Mr. Reynolds talked about, wrongful
11
termination, I would put in the 200 number.
12
So if we have 175 and 250 that gets you to
13
one and a quarter. Even though he's still holding
14
firm at 250. A lot of ifs here. If he comes down,
15
the carrier goes up. Obviously if you want to go
16
to a hundred thousand that gives us even more
17
flexibility and we're never going to spend any more
18
than we have to.
19
COMMISSIONER
TRINLEY: I thought he was
20
adamant
in what he
was asking where he wasn't going
21
to negotiate.
22
MR.
TORCIVIA:
I'm always a believer that
23
there's
always room
to negotiate. People can be
24
adamant,
and maybe
he really is. And let's assume
25
he is.
Let's assume
he's at 250, and let's assume
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r�
�j
:7
1
the carrier
is also adamant,
and I
believe both of
2
them will move
a little bit.
But if
both of them
3
are adamant
then your number
should
be
125.
4
Because 125
plus 125, you can
walk
out
of here
5
knowing it's
going to get resolved.
I
think that's
6
a little bit
high.
7
COMMISSIONER
PAGLIARO:
It may
be
high but
8
the exposure
you have on the
other
end
is
9
incredible.
10
MR. TORCIVIA: It could easily be the 175 to
11
200 number. From a lawyer's standpoint, the more
12
authority I have, the easier it is. Knowing I have
13
it in my back pocket, and it will stay in my back
14
pocket. The carrier is not going to know how much
15
it is until I have to take it out of my pocket
16
dollar by dollar. But if you give me the authority
17
for 125, I'm real confident we can get this worked
18
out anywhere between.
19
MAYOR FEATHERMAN: Why don't we meet as the
20
Commissioners and discuss it and get back to you on
21
this.
22 COMMISSIONER PAGLIARO: We have to go to Glen
23 because Glen's idea as to what he can offer to the
24 insurance company
25 MR. TORCIVIA: I really need to get a sense
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1
of where the Commission is at. I could always come
•
2
back, I need final Commission authority. You need
3
to think about this. This is a lot to digest at
4
one meeting. If I can get a sense of where you are
5
we can try and negotiate between now and June 8th.
6
Even after June 8th because federal judges
7
don't usually rule right on the spot. Sometimes
8
they do. But oftentimes they will hear the
9
argument and then write an opinion, and write a
10
five to 10-page opinion. That may take a month to
11
come out, two weeks, month and a half.
12
But probably we'll have a little more time
•
13
past June 8th. My worry is the opinion comes out
14
and we win, he's done a good job, it's a well
15
written brief, I have to say that, we could be on
16
the hook for all of it from this point forward.
17
And that's really what's motivating me to try
18
to get us to the point of putting some money on the
19
table so in the long run --
20
VICE MAYOR BROWN: Why don't we authorize a
21
hundred thousand dollars then? At least you have
22
got something to start with, or finish, versus what
23
you're talking about.
•
24
dollars, do
I mean a million we can't a bake
25
sale, but a hundred thousand, we could probably
Florida Court Reporting 561-689-0999
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1
talk Kathleen into doing a bake sale.
2
MR. REYNOLDS: And you want to be very
3
careful in terms of the terminology that we use
4
here today, because there is no official action
5
that can be taken in a shade meeting.
6
All settlements are subject to Commission
7
approval, in an open session. But, Vice Mayor
8
Brown, you're suggesting that you would be
9
agreeable to a hundred thousand dollar figure. And
10
that's not a quote, unquote, authorization. That's
11
a guidance back to us for purposes of the shade
12
meeting.
13
VICE MAYOR BROWN: Yes, that's what I meant.
14
COMMISSIONER SHERIDAN: Are these funds
15
available to us through the reserve?
16
MS. WEISER: Yes, the presentation you just
17
saw, that would come out of the reserves. But
18
again, that kind of hit on the reserves, as
19
compared to what it could be, you guys need to
20
weigh that risk.
21
COMMISSIONER STERN: Well, one, it could be
22
disastrous, but it is not very pleasant either. So
23
I think we've got to come to terms with
24
Dr. Sugerman and I think we need to give the
25
attorney some sort of boundary and I think they are
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1
• 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
asking for a number. Glen says 75 might do it, but
if we did authorize a hundred we don't have to have
this meeting again and he will try to settle it all
the way down to 50 if he can.
MAYOR FEATHERMAN: The only thing I'm
concerned about is that if these people in
negotiating mode have gone up instead of down,
their words are not really good, to depend on.
MR. REYNOLDS: And the thing is, candidly, I
think by our going to Dr. Sugerman, and saying,
hey, let's revisit mediation, let's try and talk
about potential settlement, they immediately sense
weakness, as I would if I were in their position.
They don't understand and do not know that the one
and only reason we're going to them is this, quote,
unquote, wrinkle, as I call it, this sort of
unexpected development, with regard to your
coverage.
19 Because from a defense standpoint, in terms
20 of defending this case, my posture has never
21 changed.
22 MAYOR FEATHERMAN: Otherwise I would fight it
23 right to the bottom, but we're facing a little bit
24 different situation.
25 MR. REYNOLDS: And that's what's changed.
Florida Court Reporting 561-689-0999
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1 COMMISSIONER SHERIDAN: I think we'll get
• 2 clobbered if we fight it to the bottom. I think we
3 get hurt. I think our exposure is enormous, could
4 be.
5 MR. REYNOLDS: Could be, absolutely, and you
6 have to take that into consideration.
7 MAYOR FEATHERMAN: He ran for Town Manager in
8 Lantana, and he didn't win it. I understand he
9 didn't become Town Manager. Did you know that?
10 MR. REYNOLDS: I did not.
11 MAYOR FEATHERMAN: That was just recently, I
12 think, in the last few months, maybe one or two
• 13 months.
14 COMMISSIONER TRINLEY: Lake Park also.
15 COMMISSIONER PAGLIARO: That's not finished
16 yet.
17 COMMISSIONER TRINLEY: He's a finalist.
18 COMMISSIONER PAGLIARO: He's a finalist there
19 on the 6th of June. This wrinkle was brought to
20 light actually by yourself, Glen?
21 MR. TORCIVIA: Well, in reviewing the
22 paperwork, right, I discovered about a month, five
23 weeks ago, that there had been some letters a
24 little bit earlier, and I read those letters and
25 communicated with the insurance company and it
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C
1 became clear that they are not going to cover a
2 breach of contract action.
3 COMMISSIONER PAGLIARO: And it's our
4 understanding that Dr. Sugerman is not aware of
5 this?
6 MR. REYNOLDS: That is correct, as far as I
7 know, he --
8
MS. WEISER: I wouldn't put it past him.
9
COMMISSIONER SHERIDAN: He may, but it hasn't
10
come to light yet.
11
MR. REYNOLDS: Right. I mean, no, it has not
12
been -- as far as I know, he certainly has not
13
learned anything from me through his attorney. I
14
just approached her over the issue with regard to
15
wouldn't this be a good time to try to settle.
16
And again, I would not have approached her
17
with that discussion but for this issue with regard
18
to the insurance company taking its position. And
19
just, again, with regard to both Attorney Sliney
20
and with Mr. Torcivia, it wasn't a matter of it
21
just now being discovered. It's just now really
22
being affirmatively asserted by the insurance
23
company.
24
And, again, I would have brought this up, not
25
that, again, I'm involved in coverage, but I would
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1 have brought it up in our earlier shade meeting if
2 that was something that was being pressed. I think
3 it was a situation where the insurance company
4 thought a reasonable settlement for this case would
5 have been between 75 and a hundred.
6 As soon as Dr. Sugerman takes the position,
7 I'm not moving off of 250, and if anything, I may
8 be pressing higher, that's what insurance companies
9
10
11
12
0 13
do. Insurance companies then look at it and start
to say, wait a minute, if it's going to cost me
that much money, I have to make sure I've crossed
all my T's, dotted all my I's, and then they start
reevaluating, and I think that's when they came out
141 with the sort of affirmative position to
15 Mr. Torcivia, of, hey, by the way, don't forget --
16 Because I have the defamation claim out. So
17 it's almost a perfect scenario, where I win the
18 defamation by knocking that out. As soon as I
19 knock that out, we get the letter then from PGIT
20 saying, okay, no more coverage, because there is no
21 pending state claim.
22 COMMISSIONER SHERIDAN: If I could, Doris,
23 you've been around the town the longest of all of
24 us here, you've seen these cases, you've seen them
25 come and go over the years. Here's an opportunity
Florida Court Reporting 561-689-0999
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:7
•
1
that we could help protect
you, I say you and some
2
of the others, that aren't
on the Commission now,
3
have some exposure that we
don't have.
4
COMMISSIONER TRINLEY:
I don't know how to
5
answer you. This is unique
to me.
6
COMMISSIONER SHERIDAN:
I know it's unique.
7
What I'm trying to say is we're
here to protect the
8
Town and ultimately protect
you at the same time,
9
and I think we've got to give
these two guys, if we
10
believe in them, the get -go
to save our butts, and
11
I think that's where we're
at. Unfortunately I
12
don't see any way out of this.
13
COMMISSIONER TRINLEY:
No, I don't either.
14
It makes me sick.
15
VICE MAYOR BROWN: It
makes
me sick.
16
COMMISSIONER PAGLIARO:
So
do we agree on
17 1 that?
18 VICE MAYOR BROWN: We have to agree on
19 something.
20 MR. REYNOLDS: It seems to me, and I'll stand
21 corrected if anyone wants to correct me, a general
22 consensus at a hundred thousand dollars.
23
COMMISSIONER
SHERIDAN:
Correct.
24
COMMISSIONER
PAGLIARO:
Correct.
25
MR. REYNOLDS:
And as
we've discussed, that's
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1
not any official action. That's simply guidance in
•
2
our shade meeting to your attorneys. Because we
3
each wear a different hat, even though we both have
4
the Town's best interest.
5
COMMISSIONER PAGLIARO: Will you get back to
6
the Commission before you go June 8th?
7
MR. REYNOLDS: Can do. If you all want to
8
schedule a meeting with regard to the update or if
9
it's done, if we get it done within the week, that
10
would be reported to the Commission through
11
Ms. Weiser or Mr. Torcivia.
12
MR. TORCIVIA: Well, if we can get it done by
•
13
the Commission meeting, we could just put it on the
14
agenda for approval. I'm not as optimistic as you
15
are it will happen that quickly, would be nice if
16
we could, if we can get it wrapped up by then.
17
Maybe you could.
18
MR. REYNOLDS: My experience is this. I have
19
no doubt Dr. Sugerman is paying his attorney. I
20
don't believe this is a case in which the attorney
21
sees this as a contingency fee case. So every dime
22
he pays his attorney to represent him entrenches
23
his position, rightfully or wrongfully, because
•
his he's
24
that's money out of pocket that not going
25
to get back.
Florida Court Reporting 561-689-0999
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1 I So, that's why I think sooner rather than
2 later is what they are going to want rather than
3 her gearing up again for this hearing, and the
4 rest, to get it done. And it's always subject to
5 the Commission's approval and we'll make that clear
6 in any settlement negotiations, that, let's get
7 this done so that we can cancel this hearing on the
8 8th, if we can, so that it's done and it's put
9 behind us. And then whenever your next Commission
10 meeting is, we put that on the agenda for final
11 approval.
12 COMMISSIONER PAGLIARO: If we can't get it
• 13 done and we do have to go to federal court on the
14 8th and they make a judgment, and they say that
15 they are going to throw out the federal case, does
16 that mean we automatically go back to the state
17 even now that we're negotiating with these people?
18 MR. REYNOLDS: That is correct, yes. If
19 that's what the judge decides, that's right.
20 MR. TORCIVIA: The chance that the judge is
21 actually going to rule on the 8th is slim.
22 COMMISSIONER PAGLIARO: But if he did,
23 there's always that possibility, that we're going
24 back to the state and then the insurance company is
25 1 going to walk away, so
Florida Court Reporting 561-689-0999
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•
•
1
MR. TORCIVIA: I agree
we ought to try to get
2
this done before your next
meeting. I
think now
3
that we have some guidance,
consensus,
I think it's
4
all speed ahead. Frankly,
as soon as
the meeting
5
is done I'll be calling the
insurance
carrier
6
immediately to try and get
more money
from them and
7
let Mr. Reynolds know how much we have
and he can
8
negotiate.
9
MR. REYNOLDS: And the thought is, at this
10
point we have guidance of a hundred thousand
11
dollars from the Commission. If they are true to
12
their word, which, in this instance, normally I
13
would think there would be more negotiating room,
14
but those of you who know Dr. Sugerman know that if
15
he's stuck in a position, he's not going to move
16
out of that position.
17
And if that's the case, if the insurance
18
company comes up with the 150, great. If they
19
won't move off of this one for one and we needed
20
guidance for 125, we would have to come back and
21
report to you here's where we are.
22
Unless, unless you all want to do the 125.
23
MAYOR FEATHERMAN: You said it makes sense.
24
Normally I wouldn't go for what you're saying,
25
because of the situation, but we have to bend a
Florida Court Reporting
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•
r�
1 1 little bit on that negotiating, although that's not
2
my style.
3
MR. REYNOLDS: Mine either. And as I said,
4
if it weren't for this wrinkle, we wouldn't be
5
having this meeting and I would just be defending
6
this case. If it were all -- if I knew it was all
7
the insurance company's money and they were taking
8
care of my defense, we covered what we needed to
9
cover at our last one, which would be you all would
10
approve whatever the insurance company is willing
11
to pay.
12
But when this new development or new posture,
13
I guess I should say, was taken by the insurance
14
company, both Mr. Torcivia and I --
15
MAYOR FEATHERMAN: Since there seems to be a
16
consensus here, why don't we go ahead and try and
17
negotiate it out.
18 COMMISSIONER STERN: I wish you a lot of good
19 luck. I hope you can do this. In a week would be
20 wonderful.
21 MR. REYNOLDS: I will do everything in my
22 power to do so, with Mr. Torcivia's guidance and
23 assistance.
• 24 MAYOR FEATHERMAN: All right. Let's call in
25 the gal, and get this over with then. Somebody has
Florida Court Reporting
561-689-0999
Page: 42
Pane• Al
Florida Court Reporting 561-689-0999
Page: 1
WORD INDEX
$125,000 14:24
$175,000 4:17 7:21
8:3 17:8 23:22
$200,000 8:9, 11, 25
23:22
$250,000 4:4, 14
$50,000 17:25
21:18
$525,000 4:20
$75,000 4:5 7:24
8:1 29:1
< 1 >
10-page 31:10
125 15:13 17:23,
24 18:3, 3 23:8, 8,
11 30:3, 4, 4, 17
40:20, 22
150 9:5 40:18
175 13:18 15:5, 7,
11 17:20, 23 18:2
26:11 27:3 29:12
30:10
175,000 4:19
190 16:21
1983 4:24, 25
10:11, 22, 25 20:5
27:8
< 2 >
2:43 1:5 2:5
200 9:2 29:6, 11
30:11
2012 1:4 2:5 43:14
250 8:2 9:1 14:5,
22 15:19 16:5, 13,
20, 22 23:10 29:7,
12, 14, 25 36:7
275 27:2
29 1:4 2:5
29th 43:14
< 3 >
3:37 1:5 42:9
300 16:11 27:2
33409 1:21
3614 2:3
< 4 >
470 1: 20
< 5 >
50 15:17 33:4
525 26:11
< 6 >
6th 34:19
< 7 >
75 9:5, 5 15:19
23:4 28:23 29:1
33:1 36:5
75,000 8:13
< 8 >
8th 4:8 5:10 6:13
24:2 27:20 31:5, 6,
13 38:6 39:8, 14, 21
< A >
able 29:9
above -noted 2:6
absolute 10:21
11:13 19:14 20:3
absolutely 19:23
34:5
accept 20:14, 20, 23
accepted 2:22
acting 10:18
action 4:20 9:21
11:11 12:13, 24, 24
17:3 27:22 32:4
35:2 38:1
adamant 29:20, 24
30:1, 3
add 9:15, 19
additions 2:20
adjourn 42:2, 5
administrative
10:19, 25 11:12, 15
12:25 13:5 18:8
19:12, 17
advise 5:18
advised 5:14 27:18
advising 10:4
14:16
affirmative 36:14
affirmatively 35:22
afternoon 2:9 3:20
agenda 2:21, 22
38:14 39:10
aggressive 8:14
aggrieved 4:23
ago 8:17 34:23
agree 15:5 37:16,
18 40:1
agreeable 32:9
ahead 17:25 40:4
41:16
alleged 4:20
allegiance 2:12
Allegiance. 2:13
allowed 26:16
amended 9:25
amount 28:16
analysis 12:20
answer 37:5
anticipated 28:7
apart 14:17
approached 35:14,
16
appropriate 4:10
approval 28:7 32:7
38:14 39:5, 11
approve 41:10
approximately 4:19
approximation
13:18
argue 20:2 24:7
arguing 19:22
argument 10:21
11:20 13:14 18:5,
22 19:10 20:4, 5,
15 25:8, 19, 22
26:10, 21, 22, 23
31:9
arisen 5:12
asking 21:12
29:20 33:1
asks 26:18
aspect 28:11
asserted 35:22
assessment 15:8
assistance 41:23
Florida Court Reporting
assume 8:9, 11
29:24, 25, 25
assure 21:18
attacks 2:19
ATTORNEY 1:17
2:11,25 3:2,4,6
5:17, 23 14:8 16:6
18:24 32:25 35:13,
19 38:19, 20, 22
42:3
ATTORNEY -CLIENT
1:3
Attorneys 1:22
38:2
attorney's 5:1 7:8
authority 8:20
23:17 28:16 30:12,
16 31:2
authorization 32:10
authorize 15:13
31:20 33:2
authorized 43:7
automatically 39:16
available 27:16
32:15
avoid 2:18
aware 35:4
< B >
back 7:4, 17, 20
8:4 12:11, 12
13:10 14:8, 11
15:16 16:13 17:2
18:16 21:10, 24
24:25 25:4 26:18,
25 27:19 30:13, 13,
20 31:2 32:11
38:5, 25 39:16, 24
40:20
bad 6:21 10:16, 24
bake 31:24 32:1
ball 6:25 7:18, 20
15: 25
balls 7:19
basically 4:13
basis 19:5
battle 7:5
BEACH 1:1, 21, 22
2:4, 4 43:5
561-689-0999
Page: 2
becoming 6:6
BEDARD 1:20
began 5:24
beginning 2:5
11:24 18:17
behalf 11:19 25:22
believe 3:8 5:5, 13
6:14 10:5 20:13
30:1 37:10 38:20
believer 29:22
bend 40:25
benefits 19:7
BERNARD 1:11
best 4:18 13:16
27:21 38:4
better 23:5
bidding 14:3
big 5:22
bit 9:15 30:2, 6
33:23 34:24 41:1
bite 13:24
bottom 33:23 34:2
Boulevard 2:3
boundary 32:25
breach 4:17 6:10,
23 7:2 9:9 10:11
13:11 15:1, 2 22:6,
9, 15 25:10, 20 35:2
breaches 22:10
brief 4:1 31:15
briefed 24:8
bring 19:20
bringing 16:23
brought 3:23
12:12 19:16 34:19
35:24 36:1
BROWN 1:12 21:7
31:20 32:8, 13
37:15, 18
bullet 13:25
business 17:6
butts 37:10
< C >
C101
1:21
call 2:10 3:4 4:17
22:2
33:16 41:24
called
4:24 13:2
17:10
21:4 25:2
calling 40:5
cancel 39: 7
candidly 18:22
33:9
cards 11:9
care 41:8
careful 32:3
carrier 7:11 9:4, 6
14:23 15:16, 19
21:13 28:18, 20
29: 9, 15 30:1, 14
40:5
carrier's 8:12
case 4:16, 18 6:22,
23 7:4 12:7 13:16
14:14, 21 18:11
20:7, 9, 11 21:3, 14
23:9 24:1, 22 26:1
28:3, 11 29:3
33:20 36:4 38:20,
21 39:15 40:17
41:6
cases 36:24
certain 12:8 21:25
28:16
certainly 5:22
35:12
certify 43:7
Chambers 2:3
chance 12:15, 15
13:21 15:11 20:25
39:20
changed 33:21, 25
characterized 10:23
choice 13:8
cited 18:12
City 5:16, 23 18:24
civil 20:4
civility 2:15
claim 4:24, 25 5:3
6:10 7:3, 7 9:9, 22,
23 10:1, 3, 8, 12, 13,
22, 24 17:7, 8, 13
22:16 24:18, 18, 21,
25 25:11, 15, 17, 20,
21 26:7 27:5, 8
36:16, 21
claims 5:2, 15, 16,
20 6:12, 17, 18 7:1
9:13, 20 10:10
11:1 20:25 22:14,
15 24:20, 23, 24
25:4
clear 35:1 39:5
clearer 6:6, 7
clerk 2:14, 16 3:6,
11,13
Client 2:11 3:2, 4,
6 42:3
clients 17:18
clobbered 34:2
close 3:5
cloudy 7:19
color 21: 7
Columbia 1:20
come 5:6, 6 8:4, 5,
7 13:17, 23 16:13,
19, 21 23:17, 20
31:1, 11 32:17, 23
35:10 36:25 40:20
comes 8:11 18:13
29:14 31:13 40:18
comments 2:18, 25
COMMISSION 1:2
2:3, 11 5:14 11:11,
19 23:13 28:15
31:1, 2 32:6 37:2
38:6, 10, 13 39:9
40:11
COMMISSIONER
1:13, 14, 15 13:7,
20 18:15, 15 19:11,
15, 22 24:4, 9, 12
29:19 30:7, 22
32:14, 21 34:1, 14,
15, 17, 18 35:3, 9
36:22 37:4, 6, 13,
16, 23, 24 38:5
39:12, 22 41:18
Commissioners 7:7
9:22 10:4, 18 11:3,
5 12:1, 1, 10, 23
19:23 21:1 30:20
Commission's 8:21
39:5
communicated
34:25
companies 22:8
36:8, 9
Florida Court Reporting
company 5:13, 18
6: 2, 5, 8 7: 25 8:1,
8 10:14 11:21
13:22 16:3 17:24
18: 7 21:24 22:3,
17,19 23:2,7,15
25:7, 14, 23 27:6
28:3, 12 29:2
30:24 34:25 35:18,
23 36:3 39:24
40:18 41:10, 14
company's 22:12,
24 41:7
compared 32:19
complaint 9:25
20:21 25:9
complete 18:2
completed 19:2
completely 28:9
concerned 33:6
concluded 42:8
confident 30:17
consensus 37:22
40:3 41:16
consider 11:21
consideration 34:6
considered 11:12
contact 5:17
contingency 38:21
continue 7:12 14:1
22:22
continued 27:19
contract 4:18 6:10,
23 7:2 9:9 10:12,
20 13:11 15:2, 3
18:18, 25 19:3, 10
22:6, 9, 11, 16
25:10, 20 26:12
35:2
contractual 10: 13
22:4, 11
contribute 9:3
conversations 6:4
7:16 14:2
copied 5:24
copies 6:1
correct 7:20 10:9
13:13 22:1 35:6
37:21, 23, 24 39:18
561-689-0999
Page: 3
43:10
corrected 37:21
cost 7:13, 15
13:12 17:20 27:4
36:10
costs 2:19 5:1
counter 16:8
County 2:4 43:5
couple 8:16
coupled 4:20
course 17:3 27:22
COURT 2:14 3:22
6:13 7:4, 18, 21
9:21 10:13 11:1
13:4 14:14, 16, 16,
19 16:1 17:1, 2, 7,
8, 13 22:19 23:25
24:23 25:1, 3, 4, 14,
17 27:8, 18 39:13
42:3
cover 35:1 41:9
coverage 5:15 6:3,
10, 11 7:10, 23
8:19 10:7, 15 11:2,
6,7 13:19 17:14
22:5, 6 25:6, 12, 18
28:11 33:18 35:25
36:20
coverages 18:6
covered 10:7 11:8,
8 22:10 26:24 41:8
crafted 18:22
creates 15:21
crossed 36:11
crystal 6:25 7:18,
19,20
currently 17:6
< D >
Dale 3:9
damage 26:8
damages 5:4
17:10 20:17 22:12
26:7, 16
day 5:14 15:3
43:14
• decide 27:12
decides 39:19
decision 11:15
20: 2
declined 4:12 5:11
declining 16:7
defamation 9:22
25:16, 17 36:16, 18
defend 7:11 11:25,
25
defendants 18:9
defended 9:20
defending 33:20
41:5
defense 7:13, 15
9:23 10:7 17:15,
21 27:4 33:19 41:8
deletions 2:21
demand 4:2, 14
DENNIS 1:15
depend 33:8
depends 18:12
depositions 21:10
development 33:17
41:12
difference 13:24
different 33:24
38:3
digest 31:3
dilemma 11:23
dime 38:21
Diplomate 43:6, 20
direct 2:17
directing 14:18
directly 17:19
28:13
disagree 2:17
disappear 22:20
disastrous 32:22
disclose 28:17
discovered 34:22
35:21
discovery 21:13
discriminated 4:23
discrimination 4:21
discuss 30:20
discussed 37:25
discussion 8:25
35:17
dismiss 3:22 4:9
6:17, 22 9:13, 24
10:17 11:17 12:22
13:4 19:20, 21
20:1, 13, 25 21:1
24: 7, 20
dismissed 7:8
dismisses 7:1
24:24
disparaging 16:22
dispute 19:3
disputes 6:24
disturb 28:4
doing 32:1
dollar 4:2 9:4, 4
14:23, 24 18:3
28:16, 24 30:16, 16
32:9
dollars 21:20
26:14, 20 31:21, 24
37:22 40:11
DORIS 1:13 36:22
dotted 36:12
doubt 38:19
Dr 4:4, 12, 21
10:20 16:6 18:24
32:24 33:10 35:4
36:6 38:19 40:14
Drive 1:20
dropped 10:1, 3
dual 8:6
due 24:1
< E >
earlier 34:24 36:1
early 21:11
easier 30:12
easily 30:10
Either 3:18 15:7,
20 19:4 23:1
32:22 37:13 41:3
Elaborate 9:15
eliminate 12:17
eloquently 10:23
e-mail 14:8
emphasize 18:7
employee 19:17
employment 26:9
encouraged 5:9
engage 5:9
enormous 34:3
entered 14:19
entertain 16:8
Florida Court Reporting
entitled 5:3 13:14,
15
entitlement 4:17
entrenched 4:14
entrenches 38:22
ESQUIRE 1:17, 22
essentially 18:25
estimate 21:17
eventually 7:21
21:4
Exactly 28:5
example 7:17
23:22
excusing 14:20
expense 22:24, 25,
25
experience 17:18
38:18
exposure 17:20, 22
26:2 27:1, 2, 7
30:8 34:3 37:3
extent 6:2
< F >
facing 33:23
fact 11:17 16:23
facts 19:19 20:1
21:5
factual 6:24
far 5:6 7:16 14:17
15:24 16:2 35:6, 12
favor 18:23
FEATHERMAN 1:11
2:8, 20 3:12, 14
12:9, 14 15:23
16:15 17:3 21:22
23:25 24:3, 14
26:2 27:9, 21 28:2
30:19 33:5, 22
34:7, 11 40:23
41:15, 24 42:5
Federal 3:22 4:20,
24 5: 2 6:11, 17, 18,
21,25 7:1, 7 9:13
10:10 11:1 12:13
13:10 14:14, 16
17:1 20:25 22:13,
19 24:9, 10, 16, 16,
18, 19, 20, 23, 23, 24
561-689-0999
Page: 4
25:3, 4 26:6 27:8
31:6 39:13, 15
fee 38:21
feel 13:9 17:4
fees 5:1 7:9 21:15
fellows 27:10
field 15:8
fight 33:22 34:2
figure 26:11 32:9
filed 16:23
final 14:7 21:8
31:2 39:10
finalist 34:17, 18
finally 4:2
find 11:23
finish 31:22 42:4
finished 34:15
firm 29:14
first 15:23 19:2
20:10
five 31:10 34:22
flexibility 29:17
flexible 9:7
Florida 1:21 2:5
43:4
folks 12:18
follow 19:16
following 2:2
foregoing 43:8, 9
forget 36:15
former 12:1, 1, 23
18:24 19:23
Fort 24:17
forth 21:10
forward 31:16
framed 25:9
frankly 7:3 15:14
40:4
Friday 24:2, 3, 5
full 8:19
fully 24:8 27:16
function 11:14
12:3 18:8
funds 32:14
< G >
gal 41:25
game 22:18 23:3
gamesmanship 16:9
gap 8:3
gearing 39:3
general 5:4 9:20
10:5 26:7 37:21
Gentlemen 2:8
26:19
Geraldine 43:6, 19
Gerry 42:6
get -go 37:10
getting 5:24 12:15
18:6
give 16:12, 16
21:16 22:8 25:25
26:19 30:16 32:24
37:9
given 27:24
gives 12:8 29:16
GLEN 1:17 30:22
33:1 34:20
Glen's 30:23
go 2:25 4:15 7:20
13:10 14:23, 25
15:15 16: 4, 11, 20,
20,21 18:16 21:19
23:4, 14 24:6, 25
29:4, 15 30:22
36:25 38:6 39:13,
16 40:24 41:16
42:1
goes 7:9, 17 18:12
21:10 29:15
going 5:6 6:22
8:24 9:8, 12 10:2
12:16 15:4, 5, 13
16:11,16,18 20:7
21:2, 16, 17 22:22
23:15, 16 24:5, 6
29:3, 4, 17, 20 30:5,
14 33` 10, 15 35:1
36:10 38:24 39:2,
15, 21, 23, 25 40:15
good 2:8 3:20
6:13, 19 7:6 10:16,
24 12:14, 15, 17
20:24 26:20, 23
31:14 33:8 35:15
41:18
gospel 20:21
gotten 7:16
grant 6:16 28:16
granted 9:24 11:18
great 12:19 40:18
green 20:14, 15, 16,
18, 22, 22 21:6
ground 13:16 15:9
guess 6:24, 25
41:13
guidance 27:13
32:11 38:1 40:3,
10, 20 41:22
gut 29:6, 7
guys 32:19 37:9
< H >
half 31:11
hand 6:19 43:13
handle 19:17
happen 12:16
14:12, 13 38:15
happens 21:7 24:4
happy 7:3
hard 8:22
hardened 4:3
hat 38:3
hear 31:8
heard 29:4
Hearing 2:22 4:8
5:10 39:3, 7
held 2:2
help 12:17 37:1
hereunto 43:13
hey 25:14, 23
33:11 36:15
high 13:22 14:5, 6,
25 15:13 23:10, 10,
11, 13 30:6, 7
higher 8:15 36:8
HIGHLAND 1:1, 22
2:4
hire 17:17
hired 17:19
hit 32:18
holding 29:13
honing 18:17
hook 15:12 25:1
31:16
hope 28:25 41:19
hoped 16:1
hopeful 8:4
Florida Court Reporting
hopefully 15:21
23:19
hoping 4:7
hundred 9:8 15:17
16:4, 20 21:20
26:14 28:24 29:16
31:21, 25 32:9
33:2 36:5 37:22
40:10
hurt 34:3
< I >
idea 8:19 30:23
ifs 29:14
immediately 33:12
40:6
immune 19:24
immunity 10:22
11:13, 15, 16 19:14
20:3, 3
incentive 25:25
increase 5:3
incredible 30:9
indicated 4:15
14:23
indicating 14:9
individual 7:7 11:3
18:9 21:1
individually 8:18
inexpensive 17:21
26:13
information 8:16
27:24, 25
informed 27:16
initial 13:4
inning 20:10, 10, 10
21:3
instance 40:12
insurance 5:13, 18
6:2, 5, 8, 10, 11
7:10, 23, 25 8:1, 8
10:14 11:20 13:22
15:16 16:3 17:24
18:7 21:23 22:3, 5,
6, 7, 9, 10, 12, 17, 19,
23 23:2, 7, 15 25:7,
14, 23 26:24 27:6
28:2, 12 29:2
30:24 34:25 35:18,
561-689-0999
Page: 5
•
22 36:3, 8, 9 39:24
40:5, 17 41:7, 10, 13
intangible 26:16
intend 4:15
interest 17:9, 11, 20
21:12 27:4 38:4
Interesting 16:9
introduce 3:7
involved 5:15 9:16
18:16 20:8 28:10
35:25
I's 36:12
issue 35:14, 17
issues 2:18
its 35:18
< J >
job 6:13 11:25
31:14
JR 1:22
Judge 3:22 6:16,
21, 25 9:12 14:10
18:13 20:22, 25
21:2, 5 22:21 24:7,
17,20 39:19, 20
judges 31:6
judgment 12:4, 5
13:2 21:5 22:22
39:14
June 4:8 5:10
6:13 24:2 31:5, 6,
13 34:19 38:6
43:14
jurisdiction 7:2
jury 26:19
< K >
KATHLEEN 1:16
32:1
keeps 16:23 24:17
kicker 21:22
kind 9:11 14:3
29:8 32:18
knew 41:6
knock 36:19
knocking 36:18
knocks 25:3
know 5:23 8`23
9:1 14:5, 8 15:8
23:8 26:23 27:13
28:22 30:14 33:14
34:9 35:7, 12 37:4,
6 40:7, 14, 14
knowing 30:5, 12
< L >
ladies 2:8 26:19
Lake 34:14
Lantana 34:8
Lauderdale 24:17
law 18:11 19:21,
21, 25 20:17, 19
22:14
lawsuit 20:8
lawyer 23:20 28:
lawyer's 30:11
lay 11:9
layman 18:17
learned 35:13
leave 3:12 13:5
17:23 24:20
leaving 3:7
legal 17:11 20:4
27:3
legally 20:15
legislative 11:13,
14 12:25 18:8
19:12
letter 10:4 36:19
letters 6:1, 6 34:
24
level 13:10 24:9,
10, 16
leverage 18:4
liability 9:20 10:6
liable 20:16 26:6
light 34:20 35:10
line 13:3
liquidated 17: 10
litigation 3:10, 21
5:25
little 2:19 7:19
8:14 9:7, 15 30:2,
6 31:12 33:23
34:24 41:1
long 9:17 20:8
31:19
longer 10:6
longest 36:23
19
23,
look 12:3, 4 21:5
25:5 36:9
looking 15:9 17:5
19:25 23:12
loophole 21:25
22:3
lose 7:5 10:2 17:8,
8 24:14
loss 15:4, 4 26:17
lot 13:12 15:14
27:24 29:14 31:3
41:18
lots 21:9
LOUIS 1:14
low 29:5
lower 4:15
luck 41:19
LYMAN 1:22 3:8
9:14
< M >
ma'am 18:14 19:13
24:11
MANAGER 1:16
8:18 34: 7, 9
match 9:5 23:5
matter 16:15 17:4
35:20
maximum 28:24
MAYOR 1:11, 12
2:8, 20 3:3, 12, 14
12: 2, 9, 11, 14, 23
15:23 16:15 17:3
19:23 21:22 23:25
24:3, 14 26:2 27:9,
21 28:2 30:19
31:20 32: 7, 13
33:5, 22 34:7, 11
37:15, 18 40:23
41:15, 24 42:5
mean 20:16 31:24
35:11 39:16
meaning 16:22, 25
17:1
meant 32:13
mediate 14:10
mediation 3:23 4:7
5:9 7:24 14:11, 12,
15, 17, 19 16:7
Florida Court Reporting
33:11
meet 30:19
MEETING 1:2 3:5
4:6 28:1, 6 31:4
32:5, 12 33:3 36:1
38:2, 8, 13 39:10
40:2, 4 41:5
mentality 12:7
met 3:8
microphone 3:11
middle 13:16
million 4:2 26:20
31:24
Mine 41:3
minute 3:7 16:21
36:10
mode 33:7
Monday 27:18
money 8:1, 22
13:12 15:14, 20, 21
16:3 22:18 23:3,
18, 21, 23, 24 28:17
31:18 36:11 38:24
40:6 41: 7
month 5:25 31:10,
11 34:22
months 34:12, 13
moon 20:14, 14, 15,
17, 21, 22 21:6, 7
motion 6:16 10:17
11:17 12:22 13:2,
4 14:15 19:20, 20
20:1, 12 21:4
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moving 36:7
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need 3:11 23:17
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needed 40:19 41:8
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negotiate 5:8
16:16 29:21, 23
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overall 5:3 26:3, 4
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p.m 1:5, 5 2:6
p.m. 42:9
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35:3 37:16, 24
38:5 39:12, 22
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part 11:11 18:18
24:18
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parties 4:3
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13, 15 9:8 12:6
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paying 11:21 38:19
payment 17:14
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20:2
PERSONS 1:10 2:6
perspective 5:5
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phase 21:8, 9
philosophy 12:5
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picking 8:9
pickings 13:9
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place 43:9
plaintiff 10:17
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35:18 36:6, 14
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positions 4:4
possibility 39:23
Florida Court Reporting
possible 13:21
possibly 13:12
posture 17:7 20:9
33:20 41:12
pot 8:22
potential 4: 10
33:12
potentially 21:14
power 41:22
PRESENT 1:10 2:6
presentation 32:16
presently 5:20 25:9
pressed 36:2
pressing 36:8
pre -suit 3:23
presume 27:7
pretty 26:5
prevails 5:1
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12:12, 19 13:13
14:6, 9, 13 15:9, 25
16:18 17:5 18:21
19:13, 19 20:12
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24:2, 6, 10 25:2
26: 4 27:11, 23
28:5, 19 29:10
32:2 33:9, 25 34:5,
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24:18 31:7 33:23
34:22 35:11 39:19
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rights 4:22 20:4
rise 2:12
risk 15:1 32:20
ROBERTS 1:20
role 10: 19
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room 3:13 5:8
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rule 31:7 39:21
run 31:19
< S >
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12:8 16:24, 25
33:12 36:4 39:6
settlements 32:6
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36:1 38:2
she'll 9:7
Florida Court Reporting
SHERIDAN 1:15
32:14 34:1 35:9
36:22 37:6, 23
sick 37:14, 15
side 6:15 14:24
18:12 20:13 22:10
sides 15:22
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stated 43:9
statement 16:7
stay 30:13
stays 14:22
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10:9, 23 11:19
14:1, 21 18:6 20:6
22:2 24:16 25:5,
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35:20 36:15 38:11,
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10:5 11:2, 5, 20, 25
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transcription 43:10
trial 21:9, 19 26:13
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truth 20:21
try 14:2 16:16, 18
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trying 11:8 37:7
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Florida Court Reporting
Tuesday 1:4 2:5
TUZZIO 1:20
two 9:19 12:10, 23
21:8 31:11 34:12
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wanting 26:7
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war 7:5
way 3:18 15:20
18:18 19:17 23:1
25:9, 24 33:4
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weakness 33:13
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words 33:8
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year's
19:6
< Z >
zero
15: 7
Florida Court Reporting
561-689-0999