On April 13, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Treppeda, Monica,
Treppeda, Peter,
and
United Property & Casualty Insurance Company, Inc.,
Universal Property & Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing# 174696159 E-Filed 06/06/2023 12:24:58 PM
IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FL
PETER and MONICA TREPPEDA,
Case No.: CACE-21-007431
Plaintiff(s),
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
PLAINTIFFS' MOTION IN LIMINE REGARDING BOLSTERING TESTIMONY AND
INCORPORATED MEMORANDUM OF LAW
by and through the undersignedattorneys, respectfully
Plaintiffs, request that the Court enter
an Order in Limine precluding counsel for Defendant from attemptingto elicit any testimony or
arguments that bolster the credibility,
qualifications, or conclusions of any of
investigations
Defendant's witnesses in this case. As grounds therefore,Plaintiffs state as follows:
1. It is anticipatedthat Defendant may of
or qualification
attempt to bolster the credibility
one or more of its witnesses by eliciting
testimonyregardingthe credibility
or credentials
of such witnesses or the sufficiency
of the opinionsoffered by such witnesses.
2. Pursuant to the Florida Evidence Code, a party may not bolster an expert'scredibility
or
supplement an expert'sopinionvia authoritative publications
or by allowingthe witness
to testifyregarding consultations with other non-testifyingexperts or colleagues.See
Linn v. Fossum, 946 So.2d 1032 (Fla.2006); Erwin v. Todd, 699 So.2d 275 (5thDCA
1997).
3. Any attempt by counsel for Defendant to bolster the credibility,
qualifications,
and/or conclusions of a witness
investigations, is improper.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/06/2023 12:24:58 PM.****
WHEREFORE, Plaintiffs request that
respectfully this Honorable Court enter an Order in
Limine precluding counsel for Defendant from attempting to elicit any testimony or
arguments that bolster the credibility, investigationsor conclusions of any
qualifications,
Defendant's witnesses in this case, and for such other relief this Court deems just and
appropriate.
Respectfullysubmitted,
The Property People FL, P.A.
Attorneysfor Plaintiff
80 SW 8th St, Suite 2590
Miami, FL 33130
Telephone: 844.776.7364
E-Service:
Service@PropertyPeopleLaw.com
By: /s/ Daniel M. Ilani
Daniel M. Ilani,Esq.
Florida Bar No. 116189
Email: Danny@PropertyPeopleLaw.com
Nicole Houman, Esq.
S.
Florida Bar No. 1013527
Email: Nicole@PropertyPeopleLaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this June 6,2023, a true and correct copy of the
foregoinghas been furnished via electronic mail to Rafael Reyes, Esq., Attorney for Defendant
at upciceservice01@universalproperty.com,
vb0221@universalproperty.com,
rr0308(*universalproperty.com.
/s/ Daniel M. Ilani
Daniel M. Ilani
Document Filed Date
June 06, 2023
Case Filing Date
April 13, 2021
Category
Contract and Indebtedness
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing# 174696159 E-Filed 06/06/2023 12:24:58 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FL PETER and MONICA TREPPEDA, Case No.: CACE-21-007431 Plaintiff(s), VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFFS' MOTION IN LIMINE REGARDING BOLSTERING TESTIMONY AND INCORPORATED MEMORANDUM OF LAW by and through the undersignedattorneys, respectfully Plaintiffs, request that the Court enter an Order in Limine precluding counsel for Defendant from attemptingto elicit any testimony or arguments that bolster the credibility, qualifications, or conclusions of any of investigations Defendant's witnesses in this case. As grounds therefore,Plaintiffs state as follows: 1. It is anticipatedthat Defendant may of or qualification attempt to bolster the credibility one or more of its witnesses by eliciting testimonyregardingthe credibility or credentials of such witnesses or the sufficiency of the opinionsoffered by such witnesses. 2. Pursuant to the Florida Evidence Code, a party may not bolster an expert'scredibility or supplement an expert'sopinionvia authoritative publications or by allowingthe witness to testifyregarding consultations with other non-testifyingexperts or colleagues.See Linn v. Fossum, 946 So.2d 1032 (Fla.2006); Erwin v. Todd, 699 So.2d 275 (5thDCA 1997). 3. Any attempt by counsel for Defendant to bolster the credibility, qualifications, and/or conclusions of a witness investigations, is improper. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/06/2023 12:24:58 PM.**** WHEREFORE, Plaintiffs request that respectfully this Honorable Court enter an Order in Limine precluding counsel for Defendant from attempting to elicit any testimony or arguments that bolster the credibility, investigationsor conclusions of any qualifications, Defendant's witnesses in this case, and for such other relief this Court deems just and appropriate. Respectfullysubmitted, The Property People FL, P.A. Attorneysfor Plaintiff 80 SW 8th St, Suite 2590 Miami, FL 33130 Telephone: 844.776.7364 E-Service: Service@PropertyPeopleLaw.com By: /s/ Daniel M. Ilani Daniel M. Ilani,Esq. Florida Bar No. 116189 Email: Danny@PropertyPeopleLaw.com Nicole Houman, Esq. S. Florida Bar No. 1013527 Email: Nicole@PropertyPeopleLaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this June 6,2023, a true and correct copy of the foregoinghas been furnished via electronic mail to Rafael Reyes, Esq., Attorney for Defendant at upciceservice01@universalproperty.com, vb0221@universalproperty.com, rr0308(*universalproperty.com. /s/ Daniel M. Ilani Daniel M. Ilani