Filing# 55729079 E-Filed 04/28/2017 01:01:18 PM

IN THE CIRCUIT COURT OF

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

CASE NO.: 502016-CA-009292

DIVISION AW

FIRST AMERICAN BANK, as

successor by merger to Bank of

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Coral Gables, LLC,

Plaintiff,

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V.

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

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Defendants.
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NOTICE OF FILING EXCERPT OF THE APRIL 7, 2017 HEARING TRANSCRIPT
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COMES NOW the Plaintiff, FIRST AMERICAN BANK, by and through its

undersigned counsel, and in accordance with the applicable Florida Rules of Civil
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Procedure, hereby gives Notice of Filing an excerpt of the April 7, 2017 hearing transcript,
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attached hereto.
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Respectfully submitted,

KELLER & BOLZ, LLP

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Attorneys for Plaintiff

121 Majorca Avenue, #200
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Coral Gables, FL 33134

Telephone: (305) 529-8500
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Telefax: (305) 529-0228

Email: hbolz@kellerbolz.com

By: s/Henry H. Bolz. /II

Henry H. Bolz, Ill
Florida Bar No. 260071

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 04/28/2017 01:01:18 PM
 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing Notice of

Filing Excerpt of the April 7, 2017 Hearing Transcript, was delivered to: KENNETH ERIC

TRENT, ESQ. (trentlawoffice@yahoo.com), Trent Law Office, Attorneys for Laurence and

Stephanie Schneider, 831 East Oakland Park Blvd., Fort Lauderdale, FL 33334;

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STUART S. MERMELSTEIN, ESQ. (smermelstein@hermanlaw.com,

mconnor@hermanlaw.com), Herman Law, Attorneys for Jeffrey Herman, 3351 NW Boca

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Raton Blvd., Boca Raton, FL 33431; and JAY S. LEVIN, ESQ.

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

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6111 Broken Sound Parkway, N.W., #200, Boca Raton, FL 33487 via the E-filing Portal

on this 28th day of April, 2017.

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KELLER & BOLZ, LLP
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By: s/Henry H. Bolz. Ill

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Henry H. Bolz, Ill

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1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA
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3 CASE NO.: 50-2016-CA-009292-XXXX-MB

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5 FIRST AMERICAN BANK,

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6 Plaintiff(s),
7 vs.

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8 LAURENCE s. SCHNEIDER,

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9 STEPHANIE L. SCHNEIDER,
10 JEFFREY MARC HERMAN,

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11 THE OAKS AT BOCA RATON PROPERTY OWNERS' ASSOCIATION INC.,
12 Defendant(s).
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- - - - - - - - - - - - - - - - - - - - -I
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15
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(Excerpt)
16 TRANSCRIPT OF PROCEEDINGS
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17 BEFORE
18 THE HONORABLE ELI BERGER
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20 West Palm Beach Courthouse

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21 205 North Dixie Highway, Room 4A

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22 West Palm Beach, Florida 33401

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24 April 7th, 2017

25 1:20 p.m. - 1:40 p.m.

JULIO MOCEGA & ASSOCIATES 305-374-0181

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1 APPEARANCES:

3 For the Plaintiff:

4 HENRY H. BOLZ, I II, ESQUIRE

5 SHEYLA MESA, ESQUIRE

6 Keller Bolz, LLP

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7 121 Majorca Ave Ste 200

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8 Coral Gables, Florida 33134

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9 305-529-85 00
10 hbolz@kel lerbolz.com

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12 For the Defendant:

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13 KENNETH E. TRENT, ESQUIRE
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14 Kenneth Eric Trent, P.A.

15 831 East Oakland Park Blvd
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16 Fort Lauderdale , Florida 33334

17 954-567-58 77
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18 trentlawoff ice@yahoo .com

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1 THEREUPON:

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* * * * *
3 MR. TRENT: Well, the only thing I would say,
4 Your Honor, is that I have filed a motion to

5 withdraw. My client is intending to find

6 additional counsel.

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7 This case is seven-and -a-half months old,

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8 which to plaintiff may seem like it's very aged.

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But to me, living in the foreclosur e realm, I

10 respectful ly submit that's really not that old of a

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11 case.
12 Whatever new counsel comes into the case
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13 should be given the opportunit y to assert
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14 affirmativ e defenses. They were previously

15 stricken without prejudice, as were the
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16 countercla ims.

17 And we would just ask, it's only been one

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18 amendment. We would think, you know, respectful ly,

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19 leave to amend is to be freely given where justice

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20 may require and all doubts are to be resolved in

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21 favor of allowing amendment. Those are commonly

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22 stated principles of the case law. We would just

23 ask, you know, one final chance to amend.
24 Perhaps new counsel is more creative than I

25 am, and can come up with some better defenses.

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1 THE COURT: One final chance to amend?

2 MR. TRENT: Yes, Judge.
3 THE COURT: I understand. I don't agree with
4 you. I'm going to sign the order as is.
5 MR. BOLZ: I'm sorry. Your Honor, I've got an
6 order, I've got one without prejudice.

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Are you
7 going to grant it?

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8 THE COURT: I'm going to grant it.

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9 MR. BOLZ: Okay. Never mind. That's fine.
10 Thank you, Your Honor.

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11 THE COURT: Do you have copies of this? We'll
12 run copies right now and I'll give you copies.
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13 MR. BOLZ: I think just run copies and I'll
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14 get them. We'll get them served.

15 THE COURT: Now let's get out the motions.
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16 MR. BOLZ: Your Honor, if I could just change

17 files then, and we'll go to the --
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18 THE COURT: Let's go ahead.

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19 MR. TRENT: The motion to dismiss, I mean the

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20 count that remains is based upon the affirmative

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21 defenses, which you've now stricken. So, I don't

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22 think there's much of an argument I guess.

23 MR. BOLZ: I'm sorry, what did you --
24 MR. TRENT: I said the count that is
25 remaining, which is for violation of the covenant

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1 of good faith and fair dealing --

2 MR. BOLZ: Fair dealing, right.

3 MR. TRENT -- is based upon the allegati ons in
4 the affirmat ive defenses .
5 MR. BOLZ: Yes, it is. Yes, it is. And so,
6 again, Your Honor, and we think that there were

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7 five amended causes of action asserted in the

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8 amended complain t. Opposing counsel volunta rily
9 withdrew four of them.

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And so, we don't have to
10 worry about those. He admitted they're legally

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11 deficien t.
12 Now, he's admitted that the last is legally
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13 deficien t, and so --
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14 MR. TRENT: Well, I'm not really admittin g

15 that. I'm just saying based upon the Court's
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16 ruling
17 THE COURT: It's moot.
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18 MR. TRENT: Exactly.

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19 MR. BOLZ: And in that case, Your Honor, I

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20 have another order which is on that.

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21 THE COURT: Any comments on this other and

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22 then we'll move forward on this.

23 MR. TRENT: Well, no. I mean, I should just

24 say for the record, obviousl y, we're seeking leave

25 to amend our counterc laim. And I understa nd the

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1 Court's position as to the affirmat ive defenses ,

2 but we believe we are entitled to leave to amend.
3 THE COURT: All right. I don't agree with
4 that. I'm going to sign it.
5 MR. BOLZ: Okay. Thank you, Your Honor. That
6 takes care of what we're here for today.

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I
7 apprecia te your time, and we'll wait for the

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8 orders.
9 THE COURT:

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You can pick
10 MR. BOLZ: I know. Yes, sir. Thank you.

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11 (Thereup on, the proceedi ngs were conclude d.)
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1 CERTIFICAT E OF COURT REPORTER

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THE STATE OF FLORIDA:
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:ss.
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COUNTY OF PALM BEACH:
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I, SHEILAMARIE CARO, a Court Reporter in and

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for the State of Florida at Large, do hereby certify

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that I was authorized to and did report the proceeding s
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in the above-styl ed cause before the Honorable Eli
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12 Breger, at the time and place set forth; that the

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13 foregoing pages, numbered from 1 through 7, inclusive,
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14 constitute a true and complete record of my notes.

15 I further certify that I am not an attorney or

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16 counsel of any of the parties, nor related to any of

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the parties, nor financiall y interested in the action.

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Dated this 27th day of April, 2017
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22
eilamarie Caro
23 Court Reporter
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JULIO MOCEGA & ASSOCIATES 305-374-0181