Document for BEAUGRAND, IRIS vs. O'TOOLE, ROBERT

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                                Filing # 91101450 E-Filed 06/14/2019 10:17:50 AM



                     IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                              IN AND FOR CHARLOTTE COUNTY, FLORIDA
                                           CIVIL ACTION

         IRIS BEAUGRAND, individually and as
         POA for Heidrun Riedner,
                      Plaintiff,

         Vv.                                                          CASE NO: 2017 CA 181

         ROBERT O’TOOLE,
                   Defendant.
                                                      /

                                         SUMMARY OF ISSUES
                         REGARDING SUMMARY JUDGMENT MOTIONS OF PARTIES
                               SET FOR HEARING JUNE 25, 2019 AT 1:30 P.M.

         Plaintiff, Iris Beaugrand, individually and as POA for Heidrun Riedner, pursuant to the Court’s
         hearing requirements, files this summary and states:


               1)   The parties stipulated that all issues between them would be tried in the Sarasota
                    case for which the Court has been requested to take judicial notice.

               2)   The answer, affirmative defenses and counterclaim of Robert O’Toole filed in the
                    Sarasota case asserted the issues and claims he is asserting in his counterclaim in the
                    instant case.

                    Claims asserted by Robert O’Toole in the Sarasota case include:
                    All issues pertaining to and in defense of partition of the Bayshore property.

                    Additionally, his counterclaim in the Sarasota case asserted:

                    Count I - Bayshore Property
                    The Bayshore deed to Beaugrand was estate planning. (8!) Beaugrand induced O’ Toole
                    to sign a note and mortgage on Bayshore to refinance. (9) Beaugrand did not pay
                    anything for property or for maintenance (10) Beaugrand has no interest in property. (23)
                    Beaugrand had a confidential relationship with O’Toole. (24) The requested relief was
                    declaratory relief in favor of O’ Toole, declare a special equity for O’Toole in Bayshore
                    property, declare Beaugrand’s interest in Bayshore should be held in constructive /
                    resulting trust, reformation of the deed regarding Bayshore, and any other relief
                    appropriate. (after 26)


         1 The numbers in parenthesis identify the numbered paragraphs of the counterclaim filed by Robert O’Toole in the
         Sarasota case.
Count I - Pinto II
        The agreement of the parties was to share equally expenses of Pinto the property. (29)
        Beaugrand did not pay her share. (30) Beaugrand refused to grant O’Toole any interest
        in Pinto. (31) O’Toole contributed labor and expenses to property. (32) The requested
        relief was declaratory relief in favor of O’Toole, declare a special equity for O’Toole in
        Bayshore property, declare credit or equitable lien in favor of O’Toole, award a judgment
        for damages for unreimbursed amounts, and any other relief appropriate. (after 33)

        Count III - 880 15 Street
        Beaugrand did not pay anything for property or for maintenance (11) (22) (36)
        Beaugrand received a commission for the purchase. (11) O’Toole deeded to Beaugrand
        property for estate planning (12) (21) (35) Beaugrand has no present interest in property
        and only a contingent interest. (37) Beaugrand had a confidential relationship with
        O'Toole. (38) The requested relief was declaratory relief in favor of O’Toole, declare a
        special equity for O’Toole in 880 1% Street property, declare Beaugrand’s interest in 880
        18 Street should be held in constructive / resulting trust, reformation of the deed
        regarding 880 1‘ Street, and any other relief appropriate. (after 40)

        Count IV - Gallery Unit
        OT purchased this property. (14) Goerke loaned funds of $50,000 (14) (42) The
        agreement with O’Toole and Goerke was wrongfully terminated causing unjust
        enrichment. (45)(46) O’Toole made loan payment and other payments regarding
        property. (44) Georke and Riedner took title (15) (43) Beagrand evicted O’Toole from
        property. (16) The requested relief was declaratory relief in favor of O’Toole, declare a
        special equity for O’Toole in Gallery unit property, declare credit or equitable lien in
        favor of O’Toole, award a judgment for damages for termination of agreement, wrongful
        ejectment, promissory estoppel, and any other relief appropriate. (after 47)

        Count V - Personal Property
        Horse is joint property (17) Additionally, Beagrand has O’Toole personal property. The
        requested was declaratory relief equitably dividing personal property of parties and
        partition joint personal property of parties if necessary, order Beaugrand to return
        O’Toole personal property in her possession, order an accounting of personal property
        jointly owned, and any other relief appropriate.   (after 52):

   3)   Authority:

A memorandum of authority is within Plaintiff's Motion in Limine regarding res judicata and
collateral estoppel. This motion has also been noticed for hearing at the same time as the
summary judgment motions of the parties.

Caselaw:

        Bryan v. Fernald, 211 So.3d 333 (Fla. 2" DCA 2017)

        Aronowitz v. Home Diagnostics,     Inc., 174 So.3d (Fla. 4" DCA 2015)

        Zikofshy v. Marketing 10 Inc., 904 So.2d 520 (Fla. 4t* DCA 2005)
4)   Res judicata and collateral estoppel precludes the defense of the complaint for
        partition and the claims of Robert O’Toole in this case.

   5)   Plaintiff's Verified Motion for Summary Judgment should be granted and
        Defendant’s Motion of Summary Judgment should be denied.



                                   CERTIFICATE OF SERVICE

        1 HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
Email to Bret Clark, Esq. attorney for Robert O’Toole on this 14th day of June, 2019.


        Steele T. Williams, P.A.
        Pineapple Place
        1381 McAnsh Square
        Sarasota, FL 34236-5620
        Ph: (941)378-1800
        Email: Steele TWilliams@comeast.net
        Website: SteeleWilliams.com
        /s/ Steele T. Williams

        FBN: 079995