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Filing # 93346793 E-Filed 07/30/2019 09:37:19 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
HARRY BIEBERSTEIN,
Plaintiff,
VS. CASE NO.: 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC, a
Florida limited liability company and
MOONSTONE HOLDINDINGS, LLC, a
Nevada limited liability company,
Defendants.
/
OBJECTION TO NOTICE OF PRODUCTION FROM NONPARTY
Defendant, GABRIEL KIRCHBERGER, pursuant to Florida Rule of Civil Procedure
1.351(b) and (d), objects to the Notices of Production from Nonparties and proposed subpoenas for the
following:
Charlotte State Bank & Trust
Attention: Subpoena Compliance
1100 Tamiami Trail
Port Charlotte, Florida 33953
Englewood Bank & Trust
Attention: Subpoena Compliance
1111 South McCall Road
Englewood, Florida 34223
GNK Sky Realty, Inc.
Attention: Subpoena Compliance
c/o Lee Yearick, Registered Agent
1810 El Jobean Road, Suite 5
Port Charlotte, Florida 33948
Robert W. Segur, P.A.
Attention: Subpoena Compliance
c/o Robert W. Segur, Registered Agent
2828 South McCall Road, PMB 56
Englewood, Florida 34224
The basis for the objection is that prior to the Notice of Production from Nonparties,
Motions to Dismiss the Complaint were considered by this Court. This Court specifically held:
1. The Out-of-Country Foreign Judgment entered by the Ontario Superior
Court of Justice on September 23, 2016 against Gabriel Kirchberger, Susanne
Viktoria Schmidt, Nomen Fitness, Inc., 487223 Ontario Limited and 1171852
Ontario Limited Carrying on Business as G.K. York Management Service, is
not a money judgment and therefore cannot be recognized and enforced under
the Out-of-Country Foreign-Money Judgment Act.
Thus, the Court found that the judgment obtained by the Plaintiff in Canada is not a money
judgment and could not be domesticated in Charlotte County, Florida pursuant to the referenced
Out-of-Country Foreign Money Judgment Act. That Order was entered July 24, 2018. See Section
55.604, Florida Statutes. Thus, that ruling by this Court constitutes the law of the case. Florida
Department of Transportation v. Juliano, 801 So.2d 101 (Fla. 2001).
Further, 726.102 (4), Florida Statutes defines a “claim,” as a right to payment, whether or
not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured,
unmatured, disputed, undisputed, legal, equitable, secured or unsecured. Under subsection (5) of
that statute a “creditor,” means a person who has a claim.
Thus, if Plaintiff is neither a creditor nor holds a claim, then discovery of financial worth
is not warranted. Thus, Plaintiff does not hold a “claim,” to entitle him the requested discovery.
Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189 (Fla. 2003).
Gabriel Kirchberger further objects to the subpoena directed to Robert W. Segur, P.A. on
grounds this law firm was, at one time, and in this case counsel and that the information sought is
protected by attorney-client privilege. It is not calculated to lead to admissible evidence especially
if said funds had been expended in the representation of Gabriel Kirchberger by said law firm.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail to: RYAN W. OWEN, ESQUIRE, Adams and Reese LLP, 1515 Ringling
Boulevard Suite 700, Sarasota, Florida 34236 (ryaiLowen@arlaw.com)
(drew.chesanek@arlaw.com)
Grew .chesa (deborah.woodson@arlaw.com); DAVID K. OAKS, ESQUIRE,
David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950
(doaksesq@comcast.net) and ROBERT E. SEGUR, ESQUIRE, 1460 8. McCall Road, Suite 2E,
Englewood, Florida 34223 on this 30" day of July, 2019.
GLENN N. SIEGEL, P.A.
17825 Murdock Circle, Suite A
Port Charlotte, Florida 33948
(941) 255.1235
Fax: (941) 255.1223
Service E-Mail: kim@glennsiegellaw.com
By: 44/ GLENN N. SIEGEL
Glenn N. Siegel, Esquire
Florida Bar No.: 436852
Attorney for Gabriel Kirchberger
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Filing # 93346793 E-Filed 07/30/2019 09:37:19 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA HARRY BIEBERSTEIN, Plaintiff, VS. CASE NO.: 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company and MOONSTONE HOLDINDINGS, LLC, a Nevada limited liability company, Defendants. / OBJECTION TO NOTICE OF PRODUCTION FROM NONPARTY Defendant, GABRIEL KIRCHBERGER, pursuant to Florida Rule of Civil Procedure 1.351(b) and (d), objects to the Notices of Production from Nonparties and proposed subpoenas for the following: Charlotte State Bank & Trust Attention: Subpoena Compliance 1100 Tamiami Trail Port Charlotte, Florida 33953 Englewood Bank & Trust Attention: Subpoena Compliance 1111 South McCall Road Englewood, Florida 34223 GNK Sky Realty, Inc. Attention: Subpoena Compliance c/o Lee Yearick, Registered Agent 1810 El Jobean Road, Suite 5 Port Charlotte, Florida 33948 Robert W. Segur, P.A. Attention: Subpoena Compliance c/o Robert W. Segur, Registered Agent 2828 South McCall Road, PMB 56 Englewood, Florida 34224 The basis for the objection is that prior to the Notice of Production from Nonparties, Motions to Dismiss the Complaint were considered by this Court. This Court specifically held: 1. The Out-of-Country Foreign Judgment entered by the Ontario Superior Court of Justice on September 23, 2016 against Gabriel Kirchberger, Susanne Viktoria Schmidt, Nomen Fitness, Inc., 487223 Ontario Limited and 1171852 Ontario Limited Carrying on Business as G.K. York Management Service, is not a money judgment and therefore cannot be recognized and enforced under the Out-of-Country Foreign-Money Judgment Act. Thus, the Court found that the judgment obtained by the Plaintiff in Canada is not a money judgment and could not be domesticated in Charlotte County, Florida pursuant to the referenced Out-of-Country Foreign Money Judgment Act. That Order was entered July 24, 2018. See Section 55.604, Florida Statutes. Thus, that ruling by this Court constitutes the law of the case. Florida Department of Transportation v. Juliano, 801 So.2d 101 (Fla. 2001). Further, 726.102 (4), Florida Statutes defines a “claim,” as a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. Under subsection (5) of that statute a “creditor,” means a person who has a claim. Thus, if Plaintiff is neither a creditor nor holds a claim, then discovery of financial worth is not warranted. Thus, Plaintiff does not hold a “claim,” to entitle him the requested discovery. Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189 (Fla. 2003). Gabriel Kirchberger further objects to the subpoena directed to Robert W. Segur, P.A. on grounds this law firm was, at one time, and in this case counsel and that the information sought is protected by attorney-client privilege. It is not calculated to lead to admissible evidence especially if said funds had been expended in the representation of Gabriel Kirchberger by said law firm. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail to: RYAN W. OWEN, ESQUIRE, Adams and Reese LLP, 1515 Ringling Boulevard Suite 700, Sarasota, Florida 34236 (ryaiLowen@arlaw.com) (drew.chesanek@arlaw.com) Grew .chesa (deborah.woodson@arlaw.com); DAVID K. OAKS, ESQUIRE, David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950 (doaksesq@comcast.net) and ROBERT E. SEGUR, ESQUIRE, 1460 8. McCall Road, Suite 2E, Englewood, Florida 34223 on this 30" day of July, 2019. GLENN N. SIEGEL, P.A. 17825 Murdock Circle, Suite A Port Charlotte, Florida 33948 (941) 255.1235 Fax: (941) 255.1223 Service E-Mail: kim@glennsiegellaw.com By: 44/ GLENN N. SIEGEL Glenn N. Siegel, Esquire Florida Bar No.: 436852 Attorney for Gabriel Kirchberger