Transcript-of-Foreclosure-Trial-Ticktin - Stopa Law Firm

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201MR. BLEIL: But, Judge --2THE COURT:You getting that down? All my3456friends in the Third District, you want to reversethis, you go right ahead and do it.MS. WEINZETL: Your Honor, may I be heard on theissue of the expert witness?7THE COURT:Yes, go ahead.8MS. WEINZETL: Thank you.910THE COURT:hear about.Because that's what I want to111213141516171819MS. WEINZETL: I understand. First of YourHonor, he's not offering an expert to testify as toPooling and Servicing agreement. The expertdisclosure does not indicate at all that she'squalified for that. I've deposed her. We've beenin trial with her. She's not at all qualified forthat. But, the expert disclosure specifically saysthat she's here to testify that the loan wasillegal.20THE COURT:I saw that on what Mr. Bleil gave21me.22232425MS. WEINZETL: As you know Judge, that's yourdetermination to make and the Florida Supreme Courtagreed in Siegel vs. Husak. "The existence of alegal duty and questions as to legal representationAlternative Court Reporting, LLC 954.832.3563
211--2THE COURT:It's a question for the Court.3456MS. WEINZETL: -- is for the Court; for thetrier of fact." There's not expert witness neededuntil you decide that you need the assistance of anexpert.7THE COURT:Yeah, it's like somebody getting89on the stand and saying that person was negligent.MS. WEINZETL: That's correct.10THE COURT:It's the ultimate question being11tried by the trier of fact, go ahead.12MR. BLEIL:I agree entirely, Judge. And as1314a -- and as a -- I've had trials with Ms. Weinzetl--15THE COURT:Do you have another one of these16with (indiscernible) by the way?17MR. BLEIL:I've had trial with Ms. Weinzetl,18Judge. And I understand --1920THE COURT:MR. BLEIL:I never have.I understand -- well, I2122understand fully and clearly. The reason an expertis there is to assist the trier of fact.232425THE COURT:MR. BLEIL:THE COURT:Okay.That's it.I'm telling you what I am goingAlternative Court Reporting, LLC 954.832.3563
Page 1 and 2: 1123456789IN THE CIRCUIT COURT OF T
Page 3 and 4: 3123456INDEX OF PROCEEDINGSVOLUME I
Page 5 and 6: 51expert we're talking about.2MR. B
Page 7 and 8: 71the Plaintiff and Defendant, I me
Page 9 and 10: 912have an extra copy of the expert
Page 11 and 12: 1112345MR. BLEIL:THE COURT:let her
Page 13 and 14: 131MR. BLEIL: Yes --2THE COURT:-- h
Page 15 and 16: 151234court of equity happens. The
Page 17 and 18: 1712345document comporting a transf
Page 19: 1912Mr. Ayala; is that correct?MS.
Page 24 and 25: 2412345678910111213not limited to t
Page 26 and 27: 261234567891011121314loan in questi
Page 28 and 29: 281identification.)2MR. BLEIL:Among
Page 30 and 31: 3012with my witness?MR. BLEIL:Well,
Page 32 and 33: 32123456789101112131415show me the
Page 34 and 35: 3412345CYNTHIA STEVENS,called as a
Page 36 and 37: 36123456789101112131415161718192021
Page 38 and 39: 3812Honor, I'm using a copy because
Page 40 and 41: 401THE COURT:Yes.2MS. WEINZETL:Than
Page 42 and 43: 421the foundation and hearsay.2THE
Page 44 and 45: 4412testimony as foundation and hea
Page 46 and 47: 4612platform, in our imaging system
Page 48 and 49: 48123456document whether it's ever
Page 50 and 51: 5012January 14th, 2008. The complai
Page 52 and 53: 52123giving every objection? Or wou
Page 54 and 55: 541MR. BLEIL:Thanks, Judge.2345MS.
Page 56 and 57: 5612calls for speculation.THE COURT
Page 58 and 59: 581234Q. Do you know whether that l
Page 60 and 61: 601234567worked for have always sen
Page 62 and 63: 6212345MS. WEINZETL:I'll make it wo
Page 64 and 65: 64123456789101112A. Yes.Q. Do you k
Page 66 and 67: 6612345issues. Evidence is one of m
Page 68 and 69: 681234567MS. WEINZETL: Yes, it's th
Page 70 and 71:
701THE COURT:You can make a copy of
Page 72 and 73:
721THE COURT:Okay, and when was --
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1$$216,000 [3] - 14:20,14:21, 67:11
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321:7, 21:10, 21:15,21:19, 21:23, 2
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5itself [1] - 71:12JJanis [1] - 29:
Page 80 and 81:
7Pooling [9] - 12:9,12:11, 17:22, 1
Page 82:
924:13, 29:13, 29:17,33:12, 38:25,
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