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Filing # 197335115 E-Filed 04/30/2024 04:54:15 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CAT CAY HOLDINGS JHR, LLC,
a Florida Limited Liability Company,
Plaintiff, CASE NO.:
v.
MANUEL C. DIAZ, personally,
Defendant.
_______________________________/
COMPLAINT FOR DAMAGES
The Plaintiff, Cat Cay Holdings JHR, LLC (the “Plaintiff”), a Florida Limited Liability
Company, brings this action against the Defendant, Manuel C. Diaz (the “Defendant”). In support
thereof, Plaintiff alleges:
THE PARTIES, JURISDICTION, AND VENUE
1. At all times material to this action, John Ruiz (the “Assignor” or “Mr. Ruiz”),
entered into an agreement with the Defendant, wherein Mr. Ruiz lent the Defendant $600,000.00,
and the Defendant was to repay the Defendant in trees valued at $600,000.00, or cash at the option
of the Defendant unless the Defendant defaulted, in which case, repayment by the Defendant had
to be made in cash (the “Agreement”).
2. On March 11, 2024, the Assignor executed an assignment (the “Assingment”),
whereby Mr. Ruiz completely and unconditionally assigned the Agreement and all his rights to
pursue this action to the Plaintiff. See Exhibit “A,” Assignment.
3. Plaintiff is the assignee with standing to bring this lawsuit, as per the written
Assignment from Mr. Ruiz to Plaintiff, wherein the Assignment indicates that Mr. Ruiz:
See Exhibit “A,” Assignment (indicating “Assignor wishes to assign to Assignee all of his rights,
interest in, and ownership of Claims and causes of action to pursue the Claims.”) (emphasis
added).
4. Plaintiff, therefore, stands in the shoes of Mr. Ruiz by virtue of the Assignment,
and acquires the same rights and standing to pursue all choses in action, demands, title, and
interests that Mr. Ruiz possesses against the Defendant. See Exhibit “A,” Assignment.
5. Thereby, Plaintiff has standing to bring this action. See Exhibit “A,” Assignment.
6. At all times material hereto, the Plaintiff, Cat Cay Holdings JHR, LLC, is a Florida
Limited Liability Company with its principal place of business located at: 2701 S. LeJeune Road,
10th Floor, Coral Gables, Florida 33134.
7. At all times material hereto, the Defendant, Manuel C. Diaz, is sui juris and a
resident of Miami-Dade County, Florida, whose primary address is: 8701 Arvida Lane, Coral
Gables, Florida 33156.
8. At all times material hereto, the Defendant, Manuel C. Diaz, is the owner of Manuel
Diaz Farms, Inc.
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9. Manuel Diaz Farms, Inc. is a nursery and landscaping business for ornamental trees
and palms located in Miami-Dade County. See https://www.manueldiazfarms.com/.
10. Venue is proper in Miami-Dade County, Florida, as the causes of action accrued in
Miami-Dade County, Florida.
11. This is an action for damages in excess of Fifty Thousand Dollars ($50,000.01),
exclusive of interest, costs, and attorneys’ fees.
12. Since the Agreement, Mr. Ruiz has demanded the $600,000.00 in trees from the
Defendant; however, all efforts have been futile.
13. On January 29, 2024, the Defendant was sent, via U.S. Certified Mail, a Demand
Letter. See Exhibit “B,” Demand Letters. No response to the January 29, 2024, Demand Letter
has been made by the Defendant.
14. On February 16, 2024, the Defendant was sent, via U.S. Certified Mail, a Second
Demand letter. See Exhibit “B,” Demand Letters.
15. On February 17, 2024, the Second Demand Letter was personally served on the
Defendant’s co-resident, Diana Margarita Diaz, at the Defendant’s residence. See Exhibit “C,”
Return of Service. No response to the Second Demand Letter has been made by the Defendant.
16. All conditions precedent before filing the instant action have either been performed,
waived, and/or performance will be futile.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
17. By way of background, on April 22, 2021, a myriad of agreements were entered
into by and between the Defendant, as well as Barbara Diaz (“B. Diaz”), Daisy Diaz (“D. Diaz”),
and Mr. Ruiz, whereby the Defendant and B. Diaz sold their properties in Cat Cay Island, Bahamas
to Mr. Ruiz.
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18. Defendant further sold and transferred to Mr. Ruiz two boat slips and all of his
equity membership interests in the Cat Cay Yacht Club (“CCYC”).
19. On the same day, Defendant’s daughter, D. Diaz, sold and transferred all of her
equity membership interests in CCYC to Mr. Ruiz.
20. Essentially, Mr. Ruiz purchased 3 Equity Shares in CCYC and, consequently, Mr.
Ruiz owns 3/125 (2.4%) of CCYC.
21. Additionally, Mr. Ruiz entered into a Parcels Purchase Agreement, wherein he
purchased parcels and/or lots of land consisting of Lots 15, 16, and 17, as well as Lots A, B, C, D,
E, F, G, H, I, J, and K.
22. As a result of Defendant’s sale of the property and/or the equity shares in CCYC to
Mr. Ruiz, Defendant had to pay $600,000.00 in commissions to CCYC. See Exhibit “D,” June
22, 2022, Transcript (Testimony of Ms. Rodriguez), 3120: 20-25.
23. Defendant did not have the $600,000.00 to pay CCYC.
24. As such, on or about April 2021, the Assignor entered into an agreement with the
Defendant, wherein the Assignor lent Defendant the $600,000.00 (the “Agreement”) for Defendant
to pay CCYC. See Exhibit “D,” June 22, 2022, Transcript (Testimony of Ms. Rodriguez), 3121:
6-9 (“Q. So John Ruiz paid the $600,000 commission, and then in exchange Manuel is to give Mr.
Ruiz the $600,000 worth of trees? A. That is correct.”).
25. Mr. Ruiz sent Defendant the $600,000.00, as per the Agreement.
26. The Defendant agreed that he was going to pay the $600,000.00 back Mr. Ruiz.
27. The Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the
option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the
Assignor in cash.
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28. Mr. Ruiz decided to lend the Defendant the $600,000.00 as a result of commission
and fees that Defendant was required to pay Cat Cay Yacht Club as a result of the closing because
Defendant did not have the funds to pay CCYC.
29. In fact, during Mr. Ruiz’s deposition, which was taken on June 1, 2022, in the
matter of Manuel C. Diaz v. Cat Cay Yacht Club, Inc., et al., Case No. 2014-02379-CA-21 (the
“CCYC Case”), before the Honorable David C. Miller, Mr. Ruiz testified that the Defendant
“needed the cash from the closing and that’s the reason why we kind of swopped cash for trees”:
See Exhibit “E,” Deposition of Mr. Ruiz, 20: 1-20. Essentially, Mr. Ruiz testified as to the
existence of the Agreement.
30. As testified by Mr. Ruiz, the Agreement, which was memorialized by a writing
required the Defendant to deliver the $600,000.00 in trees or pay in cash:
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See Exhibit “E,” Deposition of Mr. Ruiz, 26: 15-25.
31. The Agreement between Mr. Ruiz and the Defendant is well documented, as the
Defendant himself has confirmed the agreement.
32. Ms. Rodriguez, Defendant’s assistant, testified as to the existence of the Agreement
in the CCYC Case. See Exhibit “D,” June 22, 2022, Transcript (Testimony of Ms. Rodriguez),
3121: 6-9 (“Q. So John Ruiz paid the $600,000 commission, and then in exchange Manuel is to
give Mr. Ruiz the $600,000 worth of trees? A. That is correct.”) (emphasis added).
33. Mr. Pirez, the owner of Mocca Group, testified as to the existence of the Agreement
in the CCYC Case, wherein Mr. Pirez identified the transaction as a “credit” “for $600,000.00 in
trees”. See Exhibit “D,” June 30, 2022, Transcript, p. 12: 7-14.
34. On October 21, 2022, the Parties to the CCYC Case, and the Defendant entered into
a Settlement Agreement and General Release.
35. As per the Settlement Agreement and General Release, it was agreed by Mr. Ruiz
and the Defendant that Ruiz did not release the Defendant from any and all claims relating to the
Agreement:
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See Exhibit “G,” CCYC Settlement Agreement, p. 3 (indicating “[s]pecifically, Ruiz does not
release Diaz from any and all future claims that Ruiz has or may have against Diaz, which stems
from matters outside of this action. For example, Ruiz does not release any and all claims arising
from the $600,000.00 worth of trees that Diaz contracted with Ruiz to provide, as well as any
potential defamation claim that Ruiz may have against Diaz which stem from statements made
after October 21, 2022”) (emphasis added).
36. This is not the first time that the Defendant has entered into an agreement to provide
trees and has failed to deliver said trees.
37. In fact, as per a September 7, 2018, article titled “Homestead Tree Farmer Manuel
Diaz Influenced Rick Scott’s Decision to Waste Millions of Taxpayer Dollars”, the Miami New
Times indicated that a “Miami-Dade County grand jury indicted [Defendant] in 2000 after
prosecutors said [Defendant] stole a million dollars from taxpayers by failing to deliver the size
and quality of palm trees purchased by the county. That case never went to trial.” See
https://www.miaminewtimes.com/news/homestead-tree-farmer-manuel-diaz-influenced-rick-
scotts-decision-to-waste-millions-of-taxpayer-dollars-10709373.
38. On March 13, 2024, the Defendant was sent a Civil Theft Letter pursuant to Section
772.11 of the Florida Statutes, which demanded that the Defendant pay the $600,000.00 owed.
See Exhibit “H,” Civil Theft Letter. If the Defendant failed to pay the $600,000.00 within 30 days
of receiving the request, Defendant was advised that treble damages would be sought against him
in the sum of $1,800,000.00. See Exhibit “H,” Civil Theft Letter.
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39. On March 20, 2024, Manuel Diaz Farms was served with the Civil Theft Letter.
See Exhibit “I,” 3/20/24 Service of Civil Theft Letter.
40. The Defendant was also personally served with the Civil Theft Letter on March 21,
2024, at his residence. See Exhibit “J,” 3/21/24 Service of Civil Theft Letter.
41. As a result of Defendant’s actions and inactions, Plaintiff has retained the
undersigned to represent it in this action.
CAUSES OF ACTION
COUNT I
BREACH OF CONTRACT
Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein.
42. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and
on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the
Agreement.
43. Mr. Ruiz decided to lend the Defendant $600,000.00 as a result of commission and
fees that Defendant was required to pay CCYC because Defendant did not have the funds to pay.
44. On or about April 2021, the Parties entered into the Agreement, whereby the
Assignor lent Defendant $600,000.00.
45. As per the Agreement, Defendant was to repay Mr. Ruiz in trees valued at
$600,000.00, or cash, at the option of the Defendant, unless Defendant defaulted in which case
Defendant was to repay the Assignor in cash.
46. Mr. Ruiz lent Defendant $600,000.00, as per the Agreement.
47. A valid and enforceable contract exists between Mr. Ruiz and Defendant.
48. Defendant deposited the $600,000.00 that he received from Mr. Ruiz.
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49. On January 29, 2024, the Defendant was sent, via U.S. Certified Mail, a Demand
Letter. See Exhibit “B,” Demand Letters. The Demand Letter informed Defendant that Mr. Ruiz
was following up on the $600,000.00 in trees that Defendant owed Mr. Ruiz so that a process could
be set up to effectuate the transaction. See Exhibit “B,” Demand Letters.
50. No response to the January 29, 2024, Demand Letter has been made by the
Defendant.
51. On February 16, 2024, Plaintiff sent the Defendant a Second Demand Letter. The
Second Demand Letter informed Defendant that Mr. Ruiz was following up on the $600,000.00 in
trees that Defendant owed Mr. Ruiz so that a process could be set up to effectuate the transaction.
See Exhibit “B,” Demand Letters.
52. On February 17, 2024, the Second Demand Letter was personally served on the
Defendant’s co-resident, Diana Margarita Diaz, at the Defendant’s residence. See Exhibit “C,”
Return of Service.
53. No response to the February 16, 2024, Demand Letter has been made by the
Defendant.
54. Defendant breached the Agreement because he did not: 1) repay Mr. Ruiz
$600,000.00 worth in trees; and/or 2) did not repay Mr. Ruiz the $600,000.00 in cash.
55. Therefore, Defendant breached the Agreement by not repaying the $600,000.00
that Mr. Ruiz lent him, either by repaying Mr. Ruiz in the form of trees or in cash.
56. As a result of Defendant’s breach of the Agreement, Plaintiff has been damaged.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together
with interest, costs, and attorneys’ fees, and such other and further relief as this Honorable Court
deems just and proper.
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COUNT II
UNJUST ENRICHMENT
Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein.
57. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and
on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the
Agreement.
58. On or about April 2021, the Assignor entered into the Agreement with the
Defendant, wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC.
59. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the
option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the
Assignor in cash.
60. Plaintiff provided the Defendant with $600,000.00 in cash.
61. Defendant accepted and deposited the $600,000.00 into his banking institution.
62. Defendant has had the benefit and use of these funds.
63. Upon information and belief, the Defendant utilized the $600,000.00 to pay off
CCYC.
64. Upon demand, Defendant was obligated to return the $600,000.00 to Mr. Ruiz in
the form of $600,000.00 worth of tress unless the Defendant defaulted in which case Defendant
was to repay the Assignor in cash.
65. It is unjust and inequitable for Defendant to benefit from Mr. Ruiz’s monies without
paying him back the $600,000.00 worth in trees or repaying Mr. Ruiz the $600,000.00 in cash.
66. Mr. Ruiz and, thereby, Plaintiff has suffered damages because of Defendant’s
failure to repay Mr. Ruiz as delineated by the Agreement.
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WHEREFORE, the Plaintiff demands judgment against Defendant in the amount
determined by the finder of fact, plus interest and cost, and for such other and further relief as this
Court deems just and proper.
COUNT III
CONVERSION
Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein.
67. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and
on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the
Agreement.
68. On or about April 2021, the Assignor entered into the Agreement with Defendant,
wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC.
69. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the
option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the
Assignor in cash.
70. Plaintiff provided the Defendant with $600,000.00 in cash.
71. Defendant accepted and deposited the $600,000.00 into his banking institution.
72. Defendant has had the benefit and use of these funds.
73. Upon information and belief, the Defendant utilized the $600,000.00 to pay off
CCYC.
74. The Defendant intentionally and improperly converted to his own use monies and
property that rightfully belonged to Mr. Ruiz in that, among other things, he converted an amount
in excess of $600,000.00.
75. The Defendant has retained such money and property and has refused to repay Mr.
Ruiz $600,000.00 worth of trees despite Mr. Ruiz’s demand for the trees.
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76. The Defendant has retained such money and property and has refused to return such
monies to Mr. Ruiz despite Mr. Ruiz’s demand for the $600,000.00.
77. The conversion of Mr. Ruiz’s money and property was intentional, willful, wanton,
and malicious and was carried out with the reckless disregard for Mr. Ruiz’s rights.
WHEREFORE, the Plaintiff demands judgment in an amount in excess of $600,000.00
together with prejudgment interest, court costs, and any other and further relief that this Court
deems just and proper.
COUNT IV
CIVIL THEFT
Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein.
78. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and
on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the
Agreement.
79. On or about April 2021, the Assignor entered into the Agreement with Defendant,
wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC.
80. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the
option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the
Assignor in cash.
81. Plaintiff provided the Defendant with $600,000.00 in cash.
82. Defendant accepted and deposited the $600,000.00 into his banking institution.
83. Defendant has had the benefit and use of these funds.
84. Upon information and belief, the Defendant utilized the $600,000.00 to pay off
CCYC.
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85. Defendant has failed to pay Mr. Ruiz and/or Plaintiff the $600,000.00 it was loaned.
Defendant has also failed to deliver to Mr. Ruiz and/or Plaintiff trees valued at $600,000.00.
86. Defendant’s actions and inactions in failing to pay Mr. Ruiz the $600,000.00 or
trees valued at $600,000.00, as provided for by the Agreement, rise to the level of an action for
Civil Theft, pursuant to Section 772.11 of the Florida Statutes and Section 812.014 of the Florida
Statutes.
87. Pursuant to Section 772.11, Defendant is liable to pay the monies that he owes the
Plaintiff.
88. At all times material and at the time of filing this action, Defendant, through his
actions and inactions, deprived Plaintiff of the use of the $600,000.00.
89. Defendant was not entitled to use the $600,000.00 and appropriated the
$600,000.00 solely for his own benefit with the intent of keeping the funds for himself without
repaying the funds.
90. Defendant has kept the $600,000.00 in cash for himself.
91. Defendant has kept the trees valued at $600,000.00 for himself.
92. On March 13, 2024, Plaintiff sent a demand letter to the Defendant, which informed
Defendant of his actions, along with his breach. The letter also demanded that Defendant accept
the correspondence as formal notice of Plaintiff’s intent to pursue a civil theft claim against
Defendant if Defendant did not repay to Mr. Ruiz the total sum of $600,000.00 within 30 days
from the date of the letter. See Exhibit “H,” Civil Theft Letter.
93. The Civil Theft Letter was personally served at Manuel Diaz Farms on March 20,
2024. See Exhibit “I” 3/20/2024 Service of Civil Theft Letter.
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94. The Civil Theft Letter was personally served on the Defendant at his residence on
March 21, 2024. See Exhibit “J” 3/21/2024 Service of Civil Theft Letter.
95. As of the date of filing this Complaint, Defendant has failed to pay the Plaintiff in
trees valued at $600,000.00, as per the Agreement.
96. As of the date of filing this Complaint, Defendant has failed to pay the Plaintiff
$600,000.00 in cash, as per the Agreement.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$1,800,000.001 representing treble damages, pursuant to Section 772.11 of the Florida Statutes,
together with prejudgment and post-judgment interest, entry of an order awarding reasonable
attorney’s fees and costs, and such other relief this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable.
Dated: April 30, 2024. Respectfully submitted,
MSP RECOVERY LAW FIRM
2701 S. LeJeune Road, 10th Floor
Coral Gables, FL 33134
Phone: (305) 614-2222
By: /s/ Christine Lugo
Christine Lugo, Esq., Fla. Bar No. 109515
E-mail: clugo@msprecoverylawfirm.com
serve@msprecoverylawfirm.com
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Initially, Plaintiff only sought the $600,000.00 owed, but the Civil Theft Letter sent to the
Defendant informed the Defendant that Plaintiff would seek $1,800,000.00 if Defendant did not
pay Mr. Ruiz the $600,000.00 within 30 days of having received the Civil Theft Letter, which is 3
times the amount that Plaintiff lent the Defendant. See Exhibit “H,” Civil Theft Letter.
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EXHIBIT “A”
EXHIBIT “B”
February 16, 2024
SENT VIA CERTIFIED MAIL
Manuel C. Diaz
8901 ARVIDA LN
CORAL GABLES, FL 33156-2300
Re: Second Demand Letter to Manuel Diaz Relating to the $600,000.00 in Trees
Owed to John H. Ruiz.
Dear Mr. Diaz:
Please be advised that this Letter is being provided to you by MSP Recovery Law Firm,
which represents John H. Ruiz (“Mr. Ruiz”) in reference to the $600,000.00 in trees that are owed
by You, Manuel Diaz, to Mr. Ruiz. We are kindly following up on your agreement to provide Mr.
Ruiz with the $600,000.00 in trees so that we may set up a process to effecutaute the transaction.
As such, please reach out to us at 305-614-2222, or at clugo@msprecoverylawfirm.com so
that we may begin this process. Thank you.
Sincerely,
/s/ Christine Lugo
Christine Lugo, Esq.
EXHIBIT “C”
EXHIBIT “D”
Filing # 155316557 E-Filed 08/15/2022 12:55:05 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
MANUEL C. DIAZ,
CASE NO. 14-02379 CA 21
Plaintiff,
vs.
CAT CAY YACHT CLUB, INC. et al.,
Defendants.
DEFENDANTS’ NOTICE OF FILING TRIAL TRANSCRIPT
Defendants Cat Cay Yacht Club, Inc. (“CCYC”), et al. hereby give notice of the
filing of the June 22, 2022 trial transcript (pages 3056-3376) in the above-styled matter.
Respectfully submitted,
/s/ Jennifer C. Glasser /s/Joel S. Magolnick
Jennifer C. Glasser Joel S. Magolnick
Florida Bar No.123145 Florida Bar No. 776068
Primary e-mail: jennifer.glasser@akerman.com Magolnick@mm-pa.com
Secondary e-mail: joan.davis@akerman.com
/s/ Jacqueline Arango MARKO & MAGOLNICK, P.A.
Jacqueline Arango 3001 S.W. 3rd Avenue,
Florida Bar No. 664162 Miami, Florida 33129
Primary e-mail: Jacqueline.arango@akerman.com Telephone: (305) 285-2000
Secondary e-mail: marylin.herrera@akerman.com Facsimile: (305) 285-5555
AKERMAN LLP Attorneys for Defendants
Three Brickell City Centre
98 SE 7th Street, Suite 1100
Miami, FL 33131
Telephone: (305) 374-5600
Facsimile: (305) 374-5095
Attorneys for CCYC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
delivered on this 15th day of August 2022, via an automated email generated by the
Florida Courts E-Filing Portal to: Javier Lopez, Esq. (jal@kttlaw.com) and Stephanie
Moncada Gomez, Esq., (sgomez@kttlaw.com), counsel for Plaintiff.
/s/ Joel S. Magolnick
Joel S. Magolnick
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Judge David C. Miller
June 22, 2022
· · · ·IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN
· · · · · · · · AND FOR MIAMI DADE COUNTY, FLORIDA
· · · · · · · · · · CASE NO. 2014-002379 CA 01
·
· · ·DIAZ, MANUEL c.
· · · · · · · · ·Plaintiff,
· · ·-vs-
· · ·CAT CAY YACHT CLUB, INC,
· · ·a Florida non-profit corporation;
· · ·JOSEPH POLLIO, JR., MICHAEL AIXALA,
· · ·ROBERTO JIMENEZ; SANDRA MACMILLAN; CELIA
· · ·PALELOGOS; MAURICIO QUIRCH; RAMON
· · ·RODRIGUEZ; JEAN FRANCOIS ROY; THOMAS SANSONE;
· · ·MICHAEL SKENIAN; JORGE GOMEZ, JR.;
· · ·MARC R. KAISER; and JOHN ZELAYA,
·
· · · · · · · · ·Defendants.
·
· · ·***************************************
·
· · · · · · · · · · · · · · JURY TRIAL
·
· · · · · · · · · · · ·BEFORE THE HONORABLE
·
· · · · · · · · · · · · · DAVID C. MILLER
·
· · · · · · · · · · · · (PAGES 3056 - 3376)
·
·
· · ·DATE TAKEN:· · ·JUNE 22, 2022
·
· · ·TIME:· · · · · ·8:00 A.M. - 4:39 P.M.
·
· · ·REPORTED BY:· · ANDREA J. STEFANICK, RMR, CRR, CRC, FPR
· · · · · · · · · · ·and NOTARY PUBLIC
·
· · ·****************************************
·
· · ·Job No. 6161874-002
U.S. Legal Support | www.uslegalsupport.com ·
Judge David C. Miller
June 22, 2022
·1· ·APPEARANCES:
·2· ·JOEL MAGOLNICK, ESQUIRE
· · ·MARCO, MAGOLNICK, P.A.
·3· ·3001 S.W. 3rd Avenue
· · ·Miami, Florida 33129
·4· ·Magolnick@mm-pa.com
·5· ·JENNIFER GLASSER, ESQUIRE
· · ·JACQUELINE ARANGO, ESQUIRE
·6· ·GERALD COPE, ESQUIRE
· · ·AKERMAN, LLP
·7· ·98 S.E. 7th Street
· · ·Miami, Florida· 33131-3522
·8
· · · · APPEARING ON BEHALF OF THE DEFENDANTS
·9
10
11· ·JAVIER LOPEZ, ESQUIRE
· · ·STEPHANIE GOMEZ, ESQUIRE
12· ·KOZYAK, TROPIN & THROCKMORTON, P.A.
· · ·2525 Ponce de Leon Boulevard
13· ·9th Floor
· · ·Coral Gables, Florida 33134
14· ·Jal@kttlaw.com
15· · · APPEARING ON BEHALF OF THE PLAINTIFF
16
17· ·ALSO PRESENT:
18· ·Ligia Munguia, Paralegal
· · ·Farolla Saint Remy, Paralegal
19
20
21
22
23
24
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U.S. Legal Support | www.uslegalsupport.com 3057
Judge David C. Miller
June 22, 2022
·1· ·I N D E X
·2· ·WITNESS:· · · · · · · · · · · · · · · · · · ·PAGE:
·3· · · LOURDES RODRIGUEZ
·4· ·DIRECT EXAMINATION BY MS. GOMEZ· · · · · · · 3062
·5· ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3076
·6· ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3094
· · ·BY MS. GOMEZ
·7
· · ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3106
·8
· · ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3109
·9· ·BY MS. GOMEZ
10· ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3123
11· ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3125
· · ·BY MS. GOMEZ
12
· · ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3134
13
· · ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3135
14· ·BY MS. GOMEZ
15· ·CROSS-EXAMINATION· · · · · · · · · · · · · · 3149
· · ·BY MS. ARANGO
16
· · · · MOTION FOR MISTRIAL· · · · · · · · · · · ·3195
17
· · ·REDIRECT EXAMINATION BY MS. GOMEZ· · · · · · 3205
18
· · · · JURY QUESTIONS REVIEWED BY COUNSEL· · · · 3209
19
· · · · JURY QUESTIONS ASKED OF THE WITNESS· · · ·3212
20
· · ·RECROSS-EXAMINATION BY MS. ARANGO· · · · · · 3214
21
22· · · THOMAS SANSONE
23· ·DIRECT EXAMINATION BY MR. LOPEZ· · · · · · · 3216
24· ·CROSS-EXAMINATION BY MR. MAGOLNICK· · · · · ·3323
25
U.S. Legal Support | www.uslegalsupport.com 3058
Judge David C. Miller
June 22, 2022
·1· · · · · PLAINTIFF'S EXHIBITS - RECEIVED IN EVIDENCE
·2· ·No.· · · · · · · Description· · · · · · · · · ·Page
·3· Plaintiff's· · · · · · · · · · · · · · · · · · 3135
· · Exhibit No. 643· ·Loan Documents
·4
· · Plaintiff's· · · · · · · · · · · · · · · · · · 3083
·5· Exhibit No. 647· ·Website Document
·6· Plaintiff's· · · · · · · · · · · · · · · · · · 3109
· · Exhibit No. 654· ·List of Landscaping
·7· · · · · · · · · · Business Generated
· · · · · · · · · · · through Contacts in
·8· · · · · · · · · · Cat Cay
·9· Plaintiff's· · · · · · · · · · · · · · · · · · 3139
· · Exhibit No. 655· ·Closing Statement
10
· · Plaintiff's· · · · · · · · · · · · · · · · · · 3125
11· Exhibit No. 656· ·Use of Funds/Categories
· · · · · · · · · · · for $22 million
12
· · Plaintiff's· · · · · · · · · · · · · · · · · · 3101
13· Composite· · · · ·Foreclosure Documents
· · Exhibit No. 657
14
· · Plaintiff's· · · · · · · · · · · · · · · · · · 3301
15· Exhibit No. 657· ·Request for Documents
16
17· · · · · · DEFENSE EXHIBITS - RECEIVED IN EVIDENCE
18· ·No.· · · · · · · Description· · · · · · · · · ·Page
19· Defense Exhibit· · · · · · · · · · · · · · · · 3342
· · No.
20· 10
· · · · · · · · · · · · · · -· · -· · -
21
· · · · · · · · · · · COURT EXHIBITS MARKED
22· · · · · · · · · · · FOR IDENTIFICATION
23
· · Court Exhibit· · ·Jury Questions· · · · · · · ·3209
24· Nos. 70 and 71
25
· · · · · · · · · · · ·REPORTER CERTIFICATE· · · · 3376
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Judge David C. Miller
June 22, 2022
·1· · · · · · · · ·P R O C E E D I N G S
·2· · · · · · · · · · · -· ·-· ·-
·3· · · ·(8:00 a.m.)
·4· · · ·THE COURT:· Who's the next witness?
·5· · · ·MR. LOPEZ:· Lourdes Rodriguez.
·6· · · ·THE COURT:· Live or --
·7· · · ·MR. LOPEZ:· Live.
·8· · · ·THE COURT:· Is Ms. Rodriguez here?
·9· · · ·MR. LOPEZ:· Yes.
10· · · ·THE COURT:· Oh, there she is.
11· · · ·THE WITNESS:· Good morning.
12· · · ·THE COURT:· Good morning.· Are you ready to
13· ·assume the position here?
14· · · ·All right.· Well, we've got to get you going.
15· ·We've got one juror left to walk in the door there,
16· ·or get on the floor anyway.
17· · · ·(Discussion was held off the record.)
18· · · ·THE COURT:· Ready to go?· Bring them in.
19· · · · · · · · · · (Thereupon, the jury was assembled
20· · · · · ·in the courtroom at 8:09 a.m.)
21· · · ·THE COURT:· Well, someone dropped a pen there.
22· · · ·All right.· Judges -- nope, not quite yet.
23· · · ·Make sure everybody is comfortable.· All right.
24· ·You look like you're ready.· Let's all be seated,
25· ·except Ms. Rodriguez.
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Judge David C. Miller
June 22, 2022
·1· · · · · ·Ms. Rodriguez, if you'll remain standing, our
·2· · · ·clerk will administer the oath.
·3· · · · · ·THE COURT CLERK:· Ma'am, raise your right hand
·4· · · ·for the Court.· Do you solemnly swear or affirm the
·5· · · ·evidence you are about to give in this cause will
·6· · · ·be the truth, the whole truth and nothing but the
·7· · · ·truth?
·8· · · · · ·THE WITNESS:· I do.
·9· · · · · ·THE COURT CLERK:· Could you state your first
10· · · ·and last name for us?
11· · · · · ·THE WITNESS:· Lourdes Rodriguez.
12· · · · · ·THE COURT CLERK:· First name, how do you spell
13· · · ·that?
14· · · · · ·THE WITNESS:· L-O-U-R-D-E-S.
15· · · · · ·THE COURT CLERK:· Last name?
16· · · · · ·THE WITNESS:· R-O-D-R-I-G-U-E-Z.
17· ·Thereupon,
18· · · · · · · · · · · LOURDES RODRIGUEZ,
19· ·after having been first duly sworn or affirmed, was
20· ·examined and testified as follows:
21· · · · · ·THE COURT CLERK:· Thank you, ma'am.· You may be
22· · · ·seated.
23· · · · · ·THE WITNESS:· You're welcome.
24· · · · · ·THE COURT:· Excellent.· Ms. Gomez --
25· · · · · ·MS. GOMEZ:· Yes, Your Honor.
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Judge David C. Miller
June 22, 2022
·1· · · · · ·THE COURT:· -- you may proceed.
·2· · · · · · · · · · · DIRECT EXAMINATION
·3· ·BY MS. GOMEZ:
·4· · · Q.· ·Good morning.
·5· · · A.· ·Good morning, and I'm happy to say good morning
·6· ·to you, because I know rules are correct, but glad to
·7· ·say good morning.
·8· · · Q.· ·Can you please state your name for the members
·9· ·of the jury?
10· · · A.· ·Lourdes Rodriguez.
11· · · Q.· ·Can you please describe your education,
12· ·starting after high school?
13· · · A.· ·I went to the University of Florida where I
14· ·have a Bachelor of Science in business administration,
15· ·and then I did a Master in business administration in
16· ·Barcelona, Spain.
17· · · Q.· ·Are you currently employed?
18· · · A.· ·Yes.
19· · · Q.· ·By whom?
20· · · A.· ·Live Oak Partners.
21· · · Q.· ·And what is your position at Live Oak Partners?
22· · · A.· ·General manager.
23· · · Q.· ·What are your responsibilities as a general
24· ·manager?
25· · · A.· ·Mostly administrative.· I handle all the things
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Judge David C. Miller
June 22, 2022
·1· ·that would be done; banking; insurance; the employees;
·2· ·human resources; all those administrative matters.
·3· · · Q.· ·And what does Live Oak Partners do?
·4· · · A.· ·Live Oak Partners is an agricultural entity
·5· ·that owns land and leases for farming.
·6· · · Q.· ·Before Live Oak, who were you employed by?
·7· · · A.· ·Manuel Diaz Farms.
·8· · · Q.· ·For how long?
·9· · · A.· ·About 17 years.
10· · · Q.· ·And what is Manuel Diaz Farms?
11· · · A.· ·Manuel Diaz Farms is a nursery and landscaping
12· ·business for ornamental trees and palms.
13· · · Q.· ·And is Manuel Diaz Farms owned by Manuel Diaz,
14· ·the plaintiff?
15· · · A.· ·Yes.
16· · · Q.· ·So how long approximately have you worked for
17· ·Manuel or any of his entities?
18· · · A.· ·About 27 years.
19· · · Q.· ·I'm sorry?
20· · · A.· ·27 years.
21· · · Q.· ·So the company you currently work for, Live Oak
22· ·Partners, is also owned by Manuel?
23· · · A.· ·Yes.
24· · · Q.· ·And when you started working for Manuel
25· ·27 years ago, where were Manuel's trees located?
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Judge David C. Miller
June 22, 2022
·1· · · A.· ·Miami-Dade County.
·2· · · Q.· ·And today are they still located in Miami-Dade
·3· ·County?
·4· · · A.· ·No.· We have nurseries also in Okeechobee
·5· ·County and Martin County.
·6· · · Q.· ·How has Manuel been able to grow his business
·7· ·over the last 27 years?
·8· · · A.· ·Manuel is a very hard worker, and he's often
·9· ·mentioning the book, Pursuit of Excellence.· And he
10· ·works very hard and he has established the standards
11· ·for the industry.
12· · · · · ·So, automatically business comes often to him,
13· ·because for field-grown ornamental trees and palms, he
14· ·sets the standards of quality.· And for landscaping,
15· ·it's the same.· So as his business has grown, he's
16· ·needed other areas.
17· · · · · ·And also, because he was beaten so much by
18· ·Hurricane Andrew, he thought moving up north to sort of
19· ·diversify the locations would be a good idea and it has
20· ·turned out so.
21· · · Q.· ·What has it been like to work for Manuel for
22· ·the last 27 years?
23· · · A.· ·Oh, it's wonderful.· Another education.
24· · · · · ·Manuel makes you provide excellence, like he
25· ·does.· He helps all of us do the same thing.
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Judge David C. Miller
June 22, 2022
·1· · · · · ·So he always takes you to a higher standard.
·2· ·And when you think you've done a hundred, he's able to
·3· ·lead you to another quarter more, 25 more.· So it's
·4· ·been good.
·5· · · Q.· ·And from what you've seen, how does Manuel
·6· ·treat his employees, other employees?
·7· · · A.· ·Manuel is great with his employees, because
·8· ·Manuel is basically one of the boys.· He is just great
·9· ·with them.· He knows the nicknames that I don't.· I'm
10· ·not good with names.
11· · · · · ·So he -- when he's out on jobs that he can
12· ·drive to, he'll go and get pastelitos and share it with
13· ·them.· And he's just -- he loves what he does.· He
14· ·loves being with them.
15· · · Q.· ·And when Manuel would offer or provide new
16· ·projects for his employees, how would he treat them?
17· · · A.· ·Can you repeat it?· I'm sorry, I didn't hear.
18· · · Q.· ·Yeah.· When Manuel would offer new jobs or
19· ·opportunities or projects for his employees, how would
20· ·Manuel treat them?
21· · · A.· ·Manuel always treats them well.· Manuel has a
22· ·core group of employees that's been with him, gosh,
23· ·longer than I have.· Probably 30 years.
24· · · · · ·There's maybe 12 to 15 that are the core, that
25· ·just -- it's a ballet to watch them work.
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Judge David C. Miller
June 22, 2022
·1· · · · · ·And when he offers it, they work together.· So
·2· ·he presents the project.· They're usually very anxious
·3· ·and happy to do any new things.· It's always a
·4· ·challenge, and they perform as they've done for many
·5· ·years.
·6· · · Q.· ·And is there any situation where -- that you're
·7· ·aware of, that for a particular project Manuel's
·8· ·employees would receive any type of increased pay?
·9· · · A.· ·When they're having to stay away from their
10· ·homes, they're paid double.· So that is the bonus, I
11· ·guess, for being away from your home.
12· · · Q.· ·Do you know if they were paid double when any
13· ·of them would work in Cat Cay Island?
14· · · A.· ·Yes.
15· · · Q.· ·Have you ever been to Cat Cay Island?
16· · · A.· ·Yes.
17· · · Q.· ·And the times that you've
18· ·been -- approximately, how many times have you been to
19· ·the island?
20· · · A.· ·Probably about ten times.
21· · · Q.· ·And the times that you went to Cat Cay, who
22· ·invited you?
23· · · A.· ·Manuel.
24· · · Q.· ·And who would usually go when you would go to
25· ·the island?
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Judge David C. Miller
June 22, 2022
·1· · · A.· ·I, sometimes, a few times went by myself, but
·2· ·mostly I went with my family.· I was a guest of Manuel.
·3· · · · · ·Beautiful.· What good-looking people.
·4· · · Q.· ·Is this a picture of you and your family --
·5· · · A.· ·Yes.
·6· · · Q.· ·-- at Cat Cay?
·7· · · A.· ·Yes.
·8· · · Q.· ·Can you tell us who is in this picture?
·9· · · A.· ·Well, my brother-in-law, my sister, my mom, my
10· ·aunt, and my two nephews, quite a while ago.· They're
11· ·bigger now, but beards instead of long hair, but that's
12· ·my family.
13· · · Q.· ·And more or less, when was this taken?
14· · · A.· ·About 2008.
15· · · Q.· ·When you would go to the island with Manuel,
16· ·what would he usually take with him?
17· · · A.· ·Oh, my, hardly space for us to sit anywhere,
18· ·because he would often take landscaping things, so
19· ·anything for maintenance and landscaping.
20· · · · · ·So there would be fertilizer and chemicals and
21· ·things for -- for spraying, potted plants.
22· · · · · ·And of course in mango season, he had to take
23· ·mangos, because he had to share them with everyone,
24· ·especially his Bahamians.· He loved the Bahamians and
25· ·would share them.
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Judge David C. Miller
June 22, 2022
·1· · · Q.· ·Would Manuel take barges of trees to the
·2· ·island?
·3· · · A.· ·I'm sorry, would he take?
·4· · · Q.· ·Would Manuel take barges of trees --
·5· · · A.· ·Yes.
·6· · · Q.· ·-- to the island?
·7· · · A.· ·Yes, he did.
·8· · · Q.· ·And was that not just after hurricanes or
·9· ·storms, but all throughout the year?
10· · · A.· ·Oh, yes.
11· · · Q.· ·Did you ever see Manuel take any equipment to
12· ·the island?
13· · · A.· ·Plenty of equipment, yes.
14· · · Q.· ·What type of equipment?
15· · · A.· ·Bulldozers, loaders, the lifts that you
16· ·could -- to prune taller trees.· Just everything we
17· ·have on the farm was available to Cat Cay, basically.
18· · · Q.· ·Did you ever see, or are you aware of Manuel
19· ·using any different equipment for areas of the island
20· ·that did not include his property?
21· · · A.· ·Oh, yes, mostly.· For not his property.
22· · · · · ·By the time I joined the family, his -- his
23· ·home was done.· The landscaping was done in his home,
24· ·so all I saw was primarily outside of his home.
25· · · · · ·There was some maintenance in his home, but
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Judge David C. Miller
June 22, 2022
·1· ·not -- I don't recall any landscaping in his home that
·2· ·I saw.
·3· · · Q.· ·Can you give us examples of areas outside of
·4· ·his home that he would bring equipment for to the
·5· ·island?
·6· · · A.· ·There was the public pool area that was fixed;
·7· ·a road to the airport; the golf course; just
·8· ·everywhere.· Everywhere was Manuel Diaz Farms' trees
·9· ·when I drove around.
10· · · Q.· ·Do you know if Manuel ever received
11· ·compensation for those trees that he would bring over
12· ·to the island?
13· · · A.· ·No.
14· · · Q.· ·No, he --
15· · · A.· ·No, he did not receive compensation.
16· · · Q.· ·And who would plant these trees when Manuel
17· ·would go over to Cat Cay Island?
18· · · A.· ·Manuel Diaz Farms' employees.
19· · · Q.· ·And would Manuel provide food and housing
20· ·accommodations for his employees?
21· · · A.· ·Oh, yes.· They went with a full package; double
22· ·pay, room and board, so it was very good.
23· · · Q.· ·Do you know if Cat Cay also would provide any
24· ·compensation to the employees when they would do work
25· ·on Cat Cay property?
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Judge David C. Miller
June 22, 2022
·1· · · A.· ·None.
·2· · · Q.· ·And you said that the employees would receive
·3· ·double pay when they would go to the island?
·4· · · A.· ·Yes, ma'am.
·5· · · Q.· ·Would Manuel be there with his employees when
·6· ·they would be planting the trees --
·7· · · A.· ·All the time.
·8· · · Q.· ·-- on the property?
·9· · · A.· ·All the time.· He can't stay away from a
10· ·landscaping.· If he's near, he's there.
11· · · Q.· ·So is he like hands on in the mud and --
12· · · A.· ·Oh, a hundred percent.· A hundred percent.
13· · · · · ·Manuel was very, very active and always helped.
14· · · · · ·If someone was pruning a tree, he was up there
15· ·pruning it faster than any of the others.
16· · · · · ·If they had to bring in water or anything else,
17· ·he would stand there and was doing the water.· And it
18· ·was -- it was to encourage them and just because that's
19· ·his passion, that's what he loves to do.
20· · · Q.· ·Ms. Rodriguez, I'm showing you what's been
21· ·premarked as Plaintiff's for I.D. 647.
22· · · · · ·Do you recognize it?
23· · · A.· ·Yes.
24· · · Q.· ·What is it?
25· · · A.· ·It's a page from the Cat Cay website.
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Judge David C. Miller
June 22, 2022
·1· · · Q.· ·And is this a true and accurate copy of the Cat
·2· ·Cay Yacht Club website?
·3· · · A.· ·Yes.
·4· · · Q.· ·Now, if you look in the middle of the page
·5· ·where it says "Cat Cay Marina Rates" in the second
·6· ·bullet, does it say, "$5 per foot dockage for the
·7· ·summer"?
·8· · · · · ·MS. ARANGO:· Your Honor, I would object to --
·9· · · · · ·THE WITNESS:· Yes.
10· · · · · ·MS. ARANGO:· -- foundation for this witness.
11· · · · · ·THE WITNESS:· Yes.
12· · · · · ·THE COURT:· Is this in evidence?
13· · · · · ·MS. GOMEZ:· Not yet, Your Honor.
14· · · · · ·THE COURT:· Okay.· I think you've got to
15· · · ·establish the predicate.· Are you trying to get it
16· · · ·into evidence through this witness?
17· · · · · ·MS. GOMEZ:· Yes, Your Honor.· She just
18· · · ·testified that she's been on this website, she's
19· · · ·familiar with it, this is a true and accurate copy.
20· · · · · ·THE COURT:· Well, I guess we can discuss how
21· · · ·you get website evidence into the record.· Is there
22· · · ·not a stipulation?
23· · · · · ·MS. ARANGO:· No.· There's no stipulation, I
24· · · ·believe.
25· · · · · ·THE COURT:· All right, folks, let's take a
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Judge David C. Miller
June 22, 2022
·1· ·short break.· I'm sorry that we have to do this,
·2· ·but I think we might need to debate this.· So don't
·3· ·go too far.· We'll try to get you right back in the
·4· ·room.
·5· · · · · · · · · · (Thereupon, the jury was excused
·6· · · · · ·from the courtroom at 8:24 a.m.)
·7· · · ·THE COURT:· Okay.· Jury is out of the room,
·8· ·door is closed.
·9· · · ·You know, as far as I'm concerned, if the
10· ·witness says I saw it on their website, we're good
11· ·to go.
12· · · ·Does the defense think otherwise?
13· · · ·MS. GLASSM
Preview
Filing # 197335115 E-Filed 04/30/2024 04:54:15 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CAT CAY HOLDINGS JHR, LLC, a Florida Limited Liability Company, Plaintiff, CASE NO.: v. MANUEL C. DIAZ, personally, Defendant. _______________________________/ COMPLAINT FOR DAMAGES The Plaintiff, Cat Cay Holdings JHR, LLC (the “Plaintiff”), a Florida Limited Liability Company, brings this action against the Defendant, Manuel C. Diaz (the “Defendant”). In support thereof, Plaintiff alleges: THE PARTIES, JURISDICTION, AND VENUE 1. At all times material to this action, John Ruiz (the “Assignor” or “Mr. Ruiz”), entered into an agreement with the Defendant, wherein Mr. Ruiz lent the Defendant $600,000.00, and the Defendant was to repay the Defendant in trees valued at $600,000.00, or cash at the option of the Defendant unless the Defendant defaulted, in which case, repayment by the Defendant had to be made in cash (the “Agreement”). 2. On March 11, 2024, the Assignor executed an assignment (the “Assingment”), whereby Mr. Ruiz completely and unconditionally assigned the Agreement and all his rights to pursue this action to the Plaintiff. See Exhibit “A,” Assignment. 3. Plaintiff is the assignee with standing to bring this lawsuit, as per the written Assignment from Mr. Ruiz to Plaintiff, wherein the Assignment indicates that Mr. Ruiz: See Exhibit “A,” Assignment (indicating “Assignor wishes to assign to Assignee all of his rights, interest in, and ownership of Claims and causes of action to pursue the Claims.”) (emphasis added). 4. Plaintiff, therefore, stands in the shoes of Mr. Ruiz by virtue of the Assignment, and acquires the same rights and standing to pursue all choses in action, demands, title, and interests that Mr. Ruiz possesses against the Defendant. See Exhibit “A,” Assignment. 5. Thereby, Plaintiff has standing to bring this action. See Exhibit “A,” Assignment. 6. At all times material hereto, the Plaintiff, Cat Cay Holdings JHR, LLC, is a Florida Limited Liability Company with its principal place of business located at: 2701 S. LeJeune Road, 10th Floor, Coral Gables, Florida 33134. 7. At all times material hereto, the Defendant, Manuel C. Diaz, is sui juris and a resident of Miami-Dade County, Florida, whose primary address is: 8701 Arvida Lane, Coral Gables, Florida 33156. 8. At all times material hereto, the Defendant, Manuel C. Diaz, is the owner of Manuel Diaz Farms, Inc. 2 9. Manuel Diaz Farms, Inc. is a nursery and landscaping business for ornamental trees and palms located in Miami-Dade County. See https://www.manueldiazfarms.com/. 10. Venue is proper in Miami-Dade County, Florida, as the causes of action accrued in Miami-Dade County, Florida. 11. This is an action for damages in excess of Fifty Thousand Dollars ($50,000.01), exclusive of interest, costs, and attorneys’ fees. 12. Since the Agreement, Mr. Ruiz has demanded the $600,000.00 in trees from the Defendant; however, all efforts have been futile. 13. On January 29, 2024, the Defendant was sent, via U.S. Certified Mail, a Demand Letter. See Exhibit “B,” Demand Letters. No response to the January 29, 2024, Demand Letter has been made by the Defendant. 14. On February 16, 2024, the Defendant was sent, via U.S. Certified Mail, a Second Demand letter. See Exhibit “B,” Demand Letters. 15. On February 17, 2024, the Second Demand Letter was personally served on the Defendant’s co-resident, Diana Margarita Diaz, at the Defendant’s residence. See Exhibit “C,” Return of Service. No response to the Second Demand Letter has been made by the Defendant. 16. All conditions precedent before filing the instant action have either been performed, waived, and/or performance will be futile. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 17. By way of background, on April 22, 2021, a myriad of agreements were entered into by and between the Defendant, as well as Barbara Diaz (“B. Diaz”), Daisy Diaz (“D. Diaz”), and Mr. Ruiz, whereby the Defendant and B. Diaz sold their properties in Cat Cay Island, Bahamas to Mr. Ruiz. 3 18. Defendant further sold and transferred to Mr. Ruiz two boat slips and all of his equity membership interests in the Cat Cay Yacht Club (“CCYC”). 19. On the same day, Defendant’s daughter, D. Diaz, sold and transferred all of her equity membership interests in CCYC to Mr. Ruiz. 20. Essentially, Mr. Ruiz purchased 3 Equity Shares in CCYC and, consequently, Mr. Ruiz owns 3/125 (2.4%) of CCYC. 21. Additionally, Mr. Ruiz entered into a Parcels Purchase Agreement, wherein he purchased parcels and/or lots of land consisting of Lots 15, 16, and 17, as well as Lots A, B, C, D, E, F, G, H, I, J, and K. 22. As a result of Defendant’s sale of the property and/or the equity shares in CCYC to Mr. Ruiz, Defendant had to pay $600,000.00 in commissions to CCYC. See Exhibit “D,” June 22, 2022, Transcript (Testimony of Ms. Rodriguez), 3120: 20-25. 23. Defendant did not have the $600,000.00 to pay CCYC. 24. As such, on or about April 2021, the Assignor entered into an agreement with the Defendant, wherein the Assignor lent Defendant the $600,000.00 (the “Agreement”) for Defendant to pay CCYC. See Exhibit “D,” June 22, 2022, Transcript (Testimony of Ms. Rodriguez), 3121: 6-9 (“Q. So John Ruiz paid the $600,000 commission, and then in exchange Manuel is to give Mr. Ruiz the $600,000 worth of trees? A. That is correct.”). 25. Mr. Ruiz sent Defendant the $600,000.00, as per the Agreement. 26. The Defendant agreed that he was going to pay the $600,000.00 back Mr. Ruiz. 27. The Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the Assignor in cash. 4 28. Mr. Ruiz decided to lend the Defendant the $600,000.00 as a result of commission and fees that Defendant was required to pay Cat Cay Yacht Club as a result of the closing because Defendant did not have the funds to pay CCYC. 29. In fact, during Mr. Ruiz’s deposition, which was taken on June 1, 2022, in the matter of Manuel C. Diaz v. Cat Cay Yacht Club, Inc., et al., Case No. 2014-02379-CA-21 (the “CCYC Case”), before the Honorable David C. Miller, Mr. Ruiz testified that the Defendant “needed the cash from the closing and that’s the reason why we kind of swopped cash for trees”: See Exhibit “E,” Deposition of Mr. Ruiz, 20: 1-20. Essentially, Mr. Ruiz testified as to the existence of the Agreement. 30. As testified by Mr. Ruiz, the Agreement, which was memorialized by a writing required the Defendant to deliver the $600,000.00 in trees or pay in cash: 5 See Exhibit “E,” Deposition of Mr. Ruiz, 26: 15-25. 31. The Agreement between Mr. Ruiz and the Defendant is well documented, as the Defendant himself has confirmed the agreement. 32. Ms. Rodriguez, Defendant’s assistant, testified as to the existence of the Agreement in the CCYC Case. See Exhibit “D,” June 22, 2022, Transcript (Testimony of Ms. Rodriguez), 3121: 6-9 (“Q. So John Ruiz paid the $600,000 commission, and then in exchange Manuel is to give Mr. Ruiz the $600,000 worth of trees? A. That is correct.”) (emphasis added). 33. Mr. Pirez, the owner of Mocca Group, testified as to the existence of the Agreement in the CCYC Case, wherein Mr. Pirez identified the transaction as a “credit” “for $600,000.00 in trees”. See Exhibit “D,” June 30, 2022, Transcript, p. 12: 7-14. 34. On October 21, 2022, the Parties to the CCYC Case, and the Defendant entered into a Settlement Agreement and General Release. 35. As per the Settlement Agreement and General Release, it was agreed by Mr. Ruiz and the Defendant that Ruiz did not release the Defendant from any and all claims relating to the Agreement: 6 See Exhibit “G,” CCYC Settlement Agreement, p. 3 (indicating “[s]pecifically, Ruiz does not release Diaz from any and all future claims that Ruiz has or may have against Diaz, which stems from matters outside of this action. For example, Ruiz does not release any and all claims arising from the $600,000.00 worth of trees that Diaz contracted with Ruiz to provide, as well as any potential defamation claim that Ruiz may have against Diaz which stem from statements made after October 21, 2022”) (emphasis added). 36. This is not the first time that the Defendant has entered into an agreement to provide trees and has failed to deliver said trees. 37. In fact, as per a September 7, 2018, article titled “Homestead Tree Farmer Manuel Diaz Influenced Rick Scott’s Decision to Waste Millions of Taxpayer Dollars”, the Miami New Times indicated that a “Miami-Dade County grand jury indicted [Defendant] in 2000 after prosecutors said [Defendant] stole a million dollars from taxpayers by failing to deliver the size and quality of palm trees purchased by the county. That case never went to trial.” See https://www.miaminewtimes.com/news/homestead-tree-farmer-manuel-diaz-influenced-rick- scotts-decision-to-waste-millions-of-taxpayer-dollars-10709373. 38. On March 13, 2024, the Defendant was sent a Civil Theft Letter pursuant to Section 772.11 of the Florida Statutes, which demanded that the Defendant pay the $600,000.00 owed. See Exhibit “H,” Civil Theft Letter. If the Defendant failed to pay the $600,000.00 within 30 days of receiving the request, Defendant was advised that treble damages would be sought against him in the sum of $1,800,000.00. See Exhibit “H,” Civil Theft Letter. 7 39. On March 20, 2024, Manuel Diaz Farms was served with the Civil Theft Letter. See Exhibit “I,” 3/20/24 Service of Civil Theft Letter. 40. The Defendant was also personally served with the Civil Theft Letter on March 21, 2024, at his residence. See Exhibit “J,” 3/21/24 Service of Civil Theft Letter. 41. As a result of Defendant’s actions and inactions, Plaintiff has retained the undersigned to represent it in this action. CAUSES OF ACTION COUNT I BREACH OF CONTRACT Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein. 42. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the Agreement. 43. Mr. Ruiz decided to lend the Defendant $600,000.00 as a result of commission and fees that Defendant was required to pay CCYC because Defendant did not have the funds to pay. 44. On or about April 2021, the Parties entered into the Agreement, whereby the Assignor lent Defendant $600,000.00. 45. As per the Agreement, Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash, at the option of the Defendant, unless Defendant defaulted in which case Defendant was to repay the Assignor in cash. 46. Mr. Ruiz lent Defendant $600,000.00, as per the Agreement. 47. A valid and enforceable contract exists between Mr. Ruiz and Defendant. 48. Defendant deposited the $600,000.00 that he received from Mr. Ruiz. 8 49. On January 29, 2024, the Defendant was sent, via U.S. Certified Mail, a Demand Letter. See Exhibit “B,” Demand Letters. The Demand Letter informed Defendant that Mr. Ruiz was following up on the $600,000.00 in trees that Defendant owed Mr. Ruiz so that a process could be set up to effectuate the transaction. See Exhibit “B,” Demand Letters. 50. No response to the January 29, 2024, Demand Letter has been made by the Defendant. 51. On February 16, 2024, Plaintiff sent the Defendant a Second Demand Letter. The Second Demand Letter informed Defendant that Mr. Ruiz was following up on the $600,000.00 in trees that Defendant owed Mr. Ruiz so that a process could be set up to effectuate the transaction. See Exhibit “B,” Demand Letters. 52. On February 17, 2024, the Second Demand Letter was personally served on the Defendant’s co-resident, Diana Margarita Diaz, at the Defendant’s residence. See Exhibit “C,” Return of Service. 53. No response to the February 16, 2024, Demand Letter has been made by the Defendant. 54. Defendant breached the Agreement because he did not: 1) repay Mr. Ruiz $600,000.00 worth in trees; and/or 2) did not repay Mr. Ruiz the $600,000.00 in cash. 55. Therefore, Defendant breached the Agreement by not repaying the $600,000.00 that Mr. Ruiz lent him, either by repaying Mr. Ruiz in the form of trees or in cash. 56. As a result of Defendant’s breach of the Agreement, Plaintiff has been damaged. WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest, costs, and attorneys’ fees, and such other and further relief as this Honorable Court deems just and proper. 9 COUNT II UNJUST ENRICHMENT Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein. 57. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the Agreement. 58. On or about April 2021, the Assignor entered into the Agreement with the Defendant, wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC. 59. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the Assignor in cash. 60. Plaintiff provided the Defendant with $600,000.00 in cash. 61. Defendant accepted and deposited the $600,000.00 into his banking institution. 62. Defendant has had the benefit and use of these funds. 63. Upon information and belief, the Defendant utilized the $600,000.00 to pay off CCYC. 64. Upon demand, Defendant was obligated to return the $600,000.00 to Mr. Ruiz in the form of $600,000.00 worth of tress unless the Defendant defaulted in which case Defendant was to repay the Assignor in cash. 65. It is unjust and inequitable for Defendant to benefit from Mr. Ruiz’s monies without paying him back the $600,000.00 worth in trees or repaying Mr. Ruiz the $600,000.00 in cash. 66. Mr. Ruiz and, thereby, Plaintiff has suffered damages because of Defendant’s failure to repay Mr. Ruiz as delineated by the Agreement. 10 WHEREFORE, the Plaintiff demands judgment against Defendant in the amount determined by the finder of fact, plus interest and cost, and for such other and further relief as this Court deems just and proper. COUNT III CONVERSION Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein. 67. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the Agreement. 68. On or about April 2021, the Assignor entered into the Agreement with Defendant, wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC. 69. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the Assignor in cash. 70. Plaintiff provided the Defendant with $600,000.00 in cash. 71. Defendant accepted and deposited the $600,000.00 into his banking institution. 72. Defendant has had the benefit and use of these funds. 73. Upon information and belief, the Defendant utilized the $600,000.00 to pay off CCYC. 74. The Defendant intentionally and improperly converted to his own use monies and property that rightfully belonged to Mr. Ruiz in that, among other things, he converted an amount in excess of $600,000.00. 75. The Defendant has retained such money and property and has refused to repay Mr. Ruiz $600,000.00 worth of trees despite Mr. Ruiz’s demand for the trees. 11 76. The Defendant has retained such money and property and has refused to return such monies to Mr. Ruiz despite Mr. Ruiz’s demand for the $600,000.00. 77. The conversion of Mr. Ruiz’s money and property was intentional, willful, wanton, and malicious and was carried out with the reckless disregard for Mr. Ruiz’s rights. WHEREFORE, the Plaintiff demands judgment in an amount in excess of $600,000.00 together with prejudgment interest, court costs, and any other and further relief that this Court deems just and proper. COUNT IV CIVIL THEFT Plaintiff adopts and reincorporates paragraphs 1- 41 as if fully set forth herein. 78. Pursuant to the Assingment, Plaintiff brings this action against the Defendant and on behalf of Mr. Ruiz’s legal and equitable rights to seek damages in connection with the Agreement. 79. On or about April 2021, the Assignor entered into the Agreement with Defendant, wherein the Assignor lent Defendant the $600,000.00 for Defendant to pay CCYC. 80. Defendant was to repay Mr. Ruiz in trees valued at $600,000.00, or cash at the option of the Defendant unless the Defendant defaulted in which case Defendant was to repay the Assignor in cash. 81. Plaintiff provided the Defendant with $600,000.00 in cash. 82. Defendant accepted and deposited the $600,000.00 into his banking institution. 83. Defendant has had the benefit and use of these funds. 84. Upon information and belief, the Defendant utilized the $600,000.00 to pay off CCYC. 12 85. Defendant has failed to pay Mr. Ruiz and/or Plaintiff the $600,000.00 it was loaned. Defendant has also failed to deliver to Mr. Ruiz and/or Plaintiff trees valued at $600,000.00. 86. Defendant’s actions and inactions in failing to pay Mr. Ruiz the $600,000.00 or trees valued at $600,000.00, as provided for by the Agreement, rise to the level of an action for Civil Theft, pursuant to Section 772.11 of the Florida Statutes and Section 812.014 of the Florida Statutes. 87. Pursuant to Section 772.11, Defendant is liable to pay the monies that he owes the Plaintiff. 88. At all times material and at the time of filing this action, Defendant, through his actions and inactions, deprived Plaintiff of the use of the $600,000.00. 89. Defendant was not entitled to use the $600,000.00 and appropriated the $600,000.00 solely for his own benefit with the intent of keeping the funds for himself without repaying the funds. 90. Defendant has kept the $600,000.00 in cash for himself. 91. Defendant has kept the trees valued at $600,000.00 for himself. 92. On March 13, 2024, Plaintiff sent a demand letter to the Defendant, which informed Defendant of his actions, along with his breach. The letter also demanded that Defendant accept the correspondence as formal notice of Plaintiff’s intent to pursue a civil theft claim against Defendant if Defendant did not repay to Mr. Ruiz the total sum of $600,000.00 within 30 days from the date of the letter. See Exhibit “H,” Civil Theft Letter. 93. The Civil Theft Letter was personally served at Manuel Diaz Farms on March 20, 2024. See Exhibit “I” 3/20/2024 Service of Civil Theft Letter. 13 94. The Civil Theft Letter was personally served on the Defendant at his residence on March 21, 2024. See Exhibit “J” 3/21/2024 Service of Civil Theft Letter. 95. As of the date of filing this Complaint, Defendant has failed to pay the Plaintiff in trees valued at $600,000.00, as per the Agreement. 96. As of the date of filing this Complaint, Defendant has failed to pay the Plaintiff $600,000.00 in cash, as per the Agreement. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,800,000.001 representing treble damages, pursuant to Section 772.11 of the Florida Statutes, together with prejudgment and post-judgment interest, entry of an order awarding reasonable attorney’s fees and costs, and such other relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury on all issues so triable. Dated: April 30, 2024. Respectfully submitted, MSP RECOVERY LAW FIRM 2701 S. LeJeune Road, 10th Floor Coral Gables, FL 33134 Phone: (305) 614-2222 By: /s/ Christine Lugo Christine Lugo, Esq., Fla. Bar No. 109515 E-mail: clugo@msprecoverylawfirm.com serve@msprecoverylawfirm.com 1 Initially, Plaintiff only sought the $600,000.00 owed, but the Civil Theft Letter sent to the Defendant informed the Defendant that Plaintiff would seek $1,800,000.00 if Defendant did not pay Mr. Ruiz the $600,000.00 within 30 days of having received the Civil Theft Letter, which is 3 times the amount that Plaintiff lent the Defendant. See Exhibit “H,” Civil Theft Letter. 14 EXHIBIT “A” EXHIBIT “B” February 16, 2024 SENT VIA CERTIFIED MAIL Manuel C. Diaz 8901 ARVIDA LN CORAL GABLES, FL 33156-2300 Re: Second Demand Letter to Manuel Diaz Relating to the $600,000.00 in Trees Owed to John H. Ruiz. Dear Mr. Diaz: Please be advised that this Letter is being provided to you by MSP Recovery Law Firm, which represents John H. Ruiz (“Mr. Ruiz”) in reference to the $600,000.00 in trees that are owed by You, Manuel Diaz, to Mr. Ruiz. We are kindly following up on your agreement to provide Mr. Ruiz with the $600,000.00 in trees so that we may set up a process to effecutaute the transaction. As such, please reach out to us at 305-614-2222, or at clugo@msprecoverylawfirm.com so that we may begin this process. Thank you. Sincerely, /s/ Christine Lugo Christine Lugo, Esq. EXHIBIT “C” EXHIBIT “D” Filing # 155316557 E-Filed 08/15/2022 12:55:05 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION MANUEL C. DIAZ, CASE NO. 14-02379 CA 21 Plaintiff, vs. CAT CAY YACHT CLUB, INC. et al., Defendants. DEFENDANTS’ NOTICE OF FILING TRIAL TRANSCRIPT Defendants Cat Cay Yacht Club, Inc. (“CCYC”), et al. hereby give notice of the filing of the June 22, 2022 trial transcript (pages 3056-3376) in the above-styled matter. Respectfully submitted, /s/ Jennifer C. Glasser /s/Joel S. Magolnick Jennifer C. Glasser Joel S. Magolnick Florida Bar No.123145 Florida Bar No. 776068 Primary e-mail: jennifer.glasser@akerman.com Magolnick@mm-pa.com Secondary e-mail: joan.davis@akerman.com /s/ Jacqueline Arango MARKO & MAGOLNICK, P.A. Jacqueline Arango 3001 S.W. 3rd Avenue, Florida Bar No. 664162 Miami, Florida 33129 Primary e-mail: Jacqueline.arango@akerman.com Telephone: (305) 285-2000 Secondary e-mail: marylin.herrera@akerman.com Facsimile: (305) 285-5555 AKERMAN LLP Attorneys for Defendants Three Brickell City Centre 98 SE 7th Street, Suite 1100 Miami, FL 33131 Telephone: (305) 374-5600 Facsimile: (305) 374-5095 Attorneys for CCYC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered on this 15th day of August 2022, via an automated email generated by the Florida Courts E-Filing Portal to: Javier Lopez, Esq. (jal@kttlaw.com) and Stephanie Moncada Gomez, Esq., (sgomez@kttlaw.com), counsel for Plaintiff. /s/ Joel S. Magolnick Joel S. Magolnick 2 Judge David C. Miller June 22, 2022 · · · ·IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN · · · · · · · · AND FOR MIAMI DADE COUNTY, FLORIDA · · · · · · · · · · CASE NO. 2014-002379 CA 01 · · · ·DIAZ, MANUEL c. · · · · · · · · ·Plaintiff, · · ·-vs- · · ·CAT CAY YACHT CLUB, INC, · · ·a Florida non-profit corporation; · · ·JOSEPH POLLIO, JR., MICHAEL AIXALA, · · ·ROBERTO JIMENEZ; SANDRA MACMILLAN; CELIA · · ·PALELOGOS; MAURICIO QUIRCH; RAMON · · ·RODRIGUEZ; JEAN FRANCOIS ROY; THOMAS SANSONE; · · ·MICHAEL SKENIAN; JORGE GOMEZ, JR.; · · ·MARC R. KAISER; and JOHN ZELAYA, · · · · · · · · · ·Defendants. · · · ·*************************************** · · · · · · · · · · · · · · · JURY TRIAL · · · · · · · · · · · · ·BEFORE THE HONORABLE · · · · · · · · · · · · · · DAVID C. MILLER · · · · · · · · · · · · · (PAGES 3056 - 3376) · · · · ·DATE TAKEN:· · ·JUNE 22, 2022 · · · ·TIME:· · · · · ·8:00 A.M. - 4:39 P.M. · · · ·REPORTED BY:· · ANDREA J. STEFANICK, RMR, CRR, CRC, FPR · · · · · · · · · · ·and NOTARY PUBLIC · · · ·**************************************** · · · ·Job No. 6161874-002 U.S. Legal Support | www.uslegalsupport.com · Judge David C. Miller June 22, 2022 ·1· ·APPEARANCES: ·2· ·JOEL MAGOLNICK, ESQUIRE · · ·MARCO, MAGOLNICK, P.A. ·3· ·3001 S.W. 3rd Avenue · · ·Miami, Florida 33129 ·4· ·Magolnick@mm-pa.com ·5· ·JENNIFER GLASSER, ESQUIRE · · ·JACQUELINE ARANGO, ESQUIRE ·6· ·GERALD COPE, ESQUIRE · · ·AKERMAN, LLP ·7· ·98 S.E. 7th Street · · ·Miami, Florida· 33131-3522 ·8 · · · · APPEARING ON BEHALF OF THE DEFENDANTS ·9 10 11· ·JAVIER LOPEZ, ESQUIRE · · ·STEPHANIE GOMEZ, ESQUIRE 12· ·KOZYAK, TROPIN & THROCKMORTON, P.A. · · ·2525 Ponce de Leon Boulevard 13· ·9th Floor · · ·Coral Gables, Florida 33134 14· ·Jal@kttlaw.com 15· · · APPEARING ON BEHALF OF THE PLAINTIFF 16 17· ·ALSO PRESENT: 18· ·Ligia Munguia, Paralegal · · ·Farolla Saint Remy, Paralegal 19 20 21 22 23 24 25 U.S. Legal Support | www.uslegalsupport.com 3057 Judge David C. Miller June 22, 2022 ·1· ·I N D E X ·2· ·WITNESS:· · · · · · · · · · · · · · · · · · ·PAGE: ·3· · · LOURDES RODRIGUEZ ·4· ·DIRECT EXAMINATION BY MS. GOMEZ· · · · · · · 3062 ·5· ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3076 ·6· ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3094 · · ·BY MS. GOMEZ ·7 · · ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3106 ·8 · · ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3109 ·9· ·BY MS. GOMEZ 10· ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3123 11· ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3125 · · ·BY MS. GOMEZ 12 · · ·VOIR DIRE EXAMINATION BY MS. ARANGO· · · · · 3134 13 · · ·DIRECT EXAMINATION CONTINUED· · · · · · · · ·3135 14· ·BY MS. GOMEZ 15· ·CROSS-EXAMINATION· · · · · · · · · · · · · · 3149 · · ·BY MS. ARANGO 16 · · · · MOTION FOR MISTRIAL· · · · · · · · · · · ·3195 17 · · ·REDIRECT EXAMINATION BY MS. GOMEZ· · · · · · 3205 18 · · · · JURY QUESTIONS REVIEWED BY COUNSEL· · · · 3209 19 · · · · JURY QUESTIONS ASKED OF THE WITNESS· · · ·3212 20 · · ·RECROSS-EXAMINATION BY MS. ARANGO· · · · · · 3214 21 22· · · THOMAS SANSONE 23· ·DIRECT EXAMINATION BY MR. LOPEZ· · · · · · · 3216 24· ·CROSS-EXAMINATION BY MR. MAGOLNICK· · · · · ·3323 25 U.S. Legal Support | www.uslegalsupport.com 3058 Judge David C. Miller June 22, 2022 ·1· · · · · PLAINTIFF'S EXHIBITS - RECEIVED IN EVIDENCE ·2· ·No.· · · · · · · Description· · · · · · · · · ·Page ·3· Plaintiff's· · · · · · · · · · · · · · · · · · 3135 · · Exhibit No. 643· ·Loan Documents ·4 · · Plaintiff's· · · · · · · · · · · · · · · · · · 3083 ·5· Exhibit No. 647· ·Website Document ·6· Plaintiff's· · · · · · · · · · · · · · · · · · 3109 · · Exhibit No. 654· ·List of Landscaping ·7· · · · · · · · · · Business Generated · · · · · · · · · · · through Contacts in ·8· · · · · · · · · · Cat Cay ·9· Plaintiff's· · · · · · · · · · · · · · · · · · 3139 · · Exhibit No. 655· ·Closing Statement 10 · · Plaintiff's· · · · · · · · · · · · · · · · · · 3125 11· Exhibit No. 656· ·Use of Funds/Categories · · · · · · · · · · · for $22 million 12 · · Plaintiff's· · · · · · · · · · · · · · · · · · 3101 13· Composite· · · · ·Foreclosure Documents · · Exhibit No. 657 14 · · Plaintiff's· · · · · · · · · · · · · · · · · · 3301 15· Exhibit No. 657· ·Request for Documents 16 17· · · · · · DEFENSE EXHIBITS - RECEIVED IN EVIDENCE 18· ·No.· · · · · · · Description· · · · · · · · · ·Page 19· Defense Exhibit· · · · · · · · · · · · · · · · 3342 · · No. 20· 10 · · · · · · · · · · · · · · -· · -· · - 21 · · · · · · · · · · · COURT EXHIBITS MARKED 22· · · · · · · · · · · FOR IDENTIFICATION 23 · · Court Exhibit· · ·Jury Questions· · · · · · · ·3209 24· Nos. 70 and 71 25 · · · · · · · · · · · ·REPORTER CERTIFICATE· · · · 3376 U.S. Legal Support | www.uslegalsupport.com 3059 YVer1f Judge David C. Miller June 22, 2022 ·1· · · · · · · · ·P R O C E E D I N G S ·2· · · · · · · · · · · -· ·-· ·- ·3· · · ·(8:00 a.m.) ·4· · · ·THE COURT:· Who's the next witness? ·5· · · ·MR. LOPEZ:· Lourdes Rodriguez. ·6· · · ·THE COURT:· Live or -- ·7· · · ·MR. LOPEZ:· Live. ·8· · · ·THE COURT:· Is Ms. Rodriguez here? ·9· · · ·MR. LOPEZ:· Yes. 10· · · ·THE COURT:· Oh, there she is. 11· · · ·THE WITNESS:· Good morning. 12· · · ·THE COURT:· Good morning.· Are you ready to 13· ·assume the position here? 14· · · ·All right.· Well, we've got to get you going. 15· ·We've got one juror left to walk in the door there, 16· ·or get on the floor anyway. 17· · · ·(Discussion was held off the record.) 18· · · ·THE COURT:· Ready to go?· Bring them in. 19· · · · · · · · · · (Thereupon, the jury was assembled 20· · · · · ·in the courtroom at 8:09 a.m.) 21· · · ·THE COURT:· Well, someone dropped a pen there. 22· · · ·All right.· Judges -- nope, not quite yet. 23· · · ·Make sure everybody is comfortable.· All right. 24· ·You look like you're ready.· Let's all be seated, 25· ·except Ms. Rodriguez. U.S. Legal Support | www.uslegalsupport.com 3060 YVer1f Judge David C. Miller June 22, 2022 ·1· · · · · ·Ms. Rodriguez, if you'll remain standing, our ·2· · · ·clerk will administer the oath. ·3· · · · · ·THE COURT CLERK:· Ma'am, raise your right hand ·4· · · ·for the Court.· Do you solemnly swear or affirm the ·5· · · ·evidence you are about to give in this cause will ·6· · · ·be the truth, the whole truth and nothing but the ·7· · · ·truth? ·8· · · · · ·THE WITNESS:· I do. ·9· · · · · ·THE COURT CLERK:· Could you state your first 10· · · ·and last name for us? 11· · · · · ·THE WITNESS:· Lourdes Rodriguez. 12· · · · · ·THE COURT CLERK:· First name, how do you spell 13· · · ·that? 14· · · · · ·THE WITNESS:· L-O-U-R-D-E-S. 15· · · · · ·THE COURT CLERK:· Last name? 16· · · · · ·THE WITNESS:· R-O-D-R-I-G-U-E-Z. 17· ·Thereupon, 18· · · · · · · · · · · LOURDES RODRIGUEZ, 19· ·after having been first duly sworn or affirmed, was 20· ·examined and testified as follows: 21· · · · · ·THE COURT CLERK:· Thank you, ma'am.· You may be 22· · · ·seated. 23· · · · · ·THE WITNESS:· You're welcome. 24· · · · · ·THE COURT:· Excellent.· Ms. Gomez -- 25· · · · · ·MS. GOMEZ:· Yes, Your Honor. U.S. Legal Support | www.uslegalsupport.com 3061 YVer1f Judge David C. Miller June 22, 2022 ·1· · · · · ·THE COURT:· -- you may proceed. ·2· · · · · · · · · · · DIRECT EXAMINATION ·3· ·BY MS. GOMEZ: ·4· · · Q.· ·Good morning. ·5· · · A.· ·Good morning, and I'm happy to say good morning ·6· ·to you, because I know rules are correct, but glad to ·7· ·say good morning. ·8· · · Q.· ·Can you please state your name for the members ·9· ·of the jury? 10· · · A.· ·Lourdes Rodriguez. 11· · · Q.· ·Can you please describe your education, 12· ·starting after high school? 13· · · A.· ·I went to the University of Florida where I 14· ·have a Bachelor of Science in business administration, 15· ·and then I did a Master in business administration in 16· ·Barcelona, Spain. 17· · · Q.· ·Are you currently employed? 18· · · A.· ·Yes. 19· · · Q.· ·By whom? 20· · · A.· ·Live Oak Partners. 21· · · Q.· ·And what is your position at Live Oak Partners? 22· · · A.· ·General manager. 23· · · Q.· ·What are your responsibilities as a general 24· ·manager? 25· · · A.· ·Mostly administrative.· I handle all the things U.S. Legal Support | www.uslegalsupport.com 3062 YVer1f Judge David C. Miller June 22, 2022 ·1· ·that would be done; banking; insurance; the employees; ·2· ·human resources; all those administrative matters. ·3· · · Q.· ·And what does Live Oak Partners do? ·4· · · A.· ·Live Oak Partners is an agricultural entity ·5· ·that owns land and leases for farming. ·6· · · Q.· ·Before Live Oak, who were you employed by? ·7· · · A.· ·Manuel Diaz Farms. ·8· · · Q.· ·For how long? ·9· · · A.· ·About 17 years. 10· · · Q.· ·And what is Manuel Diaz Farms? 11· · · A.· ·Manuel Diaz Farms is a nursery and landscaping 12· ·business for ornamental trees and palms. 13· · · Q.· ·And is Manuel Diaz Farms owned by Manuel Diaz, 14· ·the plaintiff? 15· · · A.· ·Yes. 16· · · Q.· ·So how long approximately have you worked for 17· ·Manuel or any of his entities? 18· · · A.· ·About 27 years. 19· · · Q.· ·I'm sorry? 20· · · A.· ·27 years. 21· · · Q.· ·So the company you currently work for, Live Oak 22· ·Partners, is also owned by Manuel? 23· · · A.· ·Yes. 24· · · Q.· ·And when you started working for Manuel 25· ·27 years ago, where were Manuel's trees located? U.S. Legal Support | www.uslegalsupport.com 3063 YVer1f Judge David C. Miller June 22, 2022 ·1· · · A.· ·Miami-Dade County. ·2· · · Q.· ·And today are they still located in Miami-Dade ·3· ·County? ·4· · · A.· ·No.· We have nurseries also in Okeechobee ·5· ·County and Martin County. ·6· · · Q.· ·How has Manuel been able to grow his business ·7· ·over the last 27 years? ·8· · · A.· ·Manuel is a very hard worker, and he's often ·9· ·mentioning the book, Pursuit of Excellence.· And he 10· ·works very hard and he has established the standards 11· ·for the industry. 12· · · · · ·So, automatically business comes often to him, 13· ·because for field-grown ornamental trees and palms, he 14· ·sets the standards of quality.· And for landscaping, 15· ·it's the same.· So as his business has grown, he's 16· ·needed other areas. 17· · · · · ·And also, because he was beaten so much by 18· ·Hurricane Andrew, he thought moving up north to sort of 19· ·diversify the locations would be a good idea and it has 20· ·turned out so. 21· · · Q.· ·What has it been like to work for Manuel for 22· ·the last 27 years? 23· · · A.· ·Oh, it's wonderful.· Another education. 24· · · · · ·Manuel makes you provide excellence, like he 25· ·does.· He helps all of us do the same thing. U.S. Legal Support | www.uslegalsupport.com 3064 YVer1f Judge David C. Miller June 22, 2022 ·1· · · · · ·So he always takes you to a higher standard. ·2· ·And when you think you've done a hundred, he's able to ·3· ·lead you to another quarter more, 25 more.· So it's ·4· ·been good. ·5· · · Q.· ·And from what you've seen, how does Manuel ·6· ·treat his employees, other employees? ·7· · · A.· ·Manuel is great with his employees, because ·8· ·Manuel is basically one of the boys.· He is just great ·9· ·with them.· He knows the nicknames that I don't.· I'm 10· ·not good with names. 11· · · · · ·So he -- when he's out on jobs that he can 12· ·drive to, he'll go and get pastelitos and share it with 13· ·them.· And he's just -- he loves what he does.· He 14· ·loves being with them. 15· · · Q.· ·And when Manuel would offer or provide new 16· ·projects for his employees, how would he treat them? 17· · · A.· ·Can you repeat it?· I'm sorry, I didn't hear. 18· · · Q.· ·Yeah.· When Manuel would offer new jobs or 19· ·opportunities or projects for his employees, how would 20· ·Manuel treat them? 21· · · A.· ·Manuel always treats them well.· Manuel has a 22· ·core group of employees that's been with him, gosh, 23· ·longer than I have.· Probably 30 years. 24· · · · · ·There's maybe 12 to 15 that are the core, that 25· ·just -- it's a ballet to watch them work. U.S. Legal Support | www.uslegalsupport.com 3065 YVer1f Judge David C. Miller June 22, 2022 ·1· · · · · ·And when he offers it, they work together.· So ·2· ·he presents the project.· They're usually very anxious ·3· ·and happy to do any new things.· It's always a ·4· ·challenge, and they perform as they've done for many ·5· ·years. ·6· · · Q.· ·And is there any situation where -- that you're ·7· ·aware of, that for a particular project Manuel's ·8· ·employees would receive any type of increased pay? ·9· · · A.· ·When they're having to stay away from their 10· ·homes, they're paid double.· So that is the bonus, I 11· ·guess, for being away from your home. 12· · · Q.· ·Do you know if they were paid double when any 13· ·of them would work in Cat Cay Island? 14· · · A.· ·Yes. 15· · · Q.· ·Have you ever been to Cat Cay Island? 16· · · A.· ·Yes. 17· · · Q.· ·And the times that you've 18· ·been -- approximately, how many times have you been to 19· ·the island? 20· · · A.· ·Probably about ten times. 21· · · Q.· ·And the times that you went to Cat Cay, who 22· ·invited you? 23· · · A.· ·Manuel. 24· · · Q.· ·And who would usually go when you would go to 25· ·the island? U.S. Legal Support | www.uslegalsupport.com 3066 YVer1f Judge David C. Miller June 22, 2022 ·1· · · A.· ·I, sometimes, a few times went by myself, but ·2· ·mostly I went with my family.· I was a guest of Manuel. ·3· · · · · ·Beautiful.· What good-looking people. ·4· · · Q.· ·Is this a picture of you and your family -- ·5· · · A.· ·Yes. ·6· · · Q.· ·-- at Cat Cay? ·7· · · A.· ·Yes. ·8· · · Q.· ·Can you tell us who is in this picture? ·9· · · A.· ·Well, my brother-in-law, my sister, my mom, my 10· ·aunt, and my two nephews, quite a while ago.· They're 11· ·bigger now, but beards instead of long hair, but that's 12· ·my family. 13· · · Q.· ·And more or less, when was this taken? 14· · · A.· ·About 2008. 15· · · Q.· ·When you would go to the island with Manuel, 16· ·what would he usually take with him? 17· · · A.· ·Oh, my, hardly space for us to sit anywhere, 18· ·because he would often take landscaping things, so 19· ·anything for maintenance and landscaping. 20· · · · · ·So there would be fertilizer and chemicals and 21· ·things for -- for spraying, potted plants. 22· · · · · ·And of course in mango season, he had to take 23· ·mangos, because he had to share them with everyone, 24· ·especially his Bahamians.· He loved the Bahamians and 25· ·would share them. U.S. Legal Support | www.uslegalsupport.com 3067 YVer1f Judge David C. Miller June 22, 2022 ·1· · · Q.· ·Would Manuel take barges of trees to the ·2· ·island? ·3· · · A.· ·I'm sorry, would he take? ·4· · · Q.· ·Would Manuel take barges of trees -- ·5· · · A.· ·Yes. ·6· · · Q.· ·-- to the island? ·7· · · A.· ·Yes, he did. ·8· · · Q.· ·And was that not just after hurricanes or ·9· ·storms, but all throughout the year? 10· · · A.· ·Oh, yes. 11· · · Q.· ·Did you ever see Manuel take any equipment to 12· ·the island? 13· · · A.· ·Plenty of equipment, yes. 14· · · Q.· ·What type of equipment? 15· · · A.· ·Bulldozers, loaders, the lifts that you 16· ·could -- to prune taller trees.· Just everything we 17· ·have on the farm was available to Cat Cay, basically. 18· · · Q.· ·Did you ever see, or are you aware of Manuel 19· ·using any different equipment for areas of the island 20· ·that did not include his property? 21· · · A.· ·Oh, yes, mostly.· For not his property. 22· · · · · ·By the time I joined the family, his -- his 23· ·home was done.· The landscaping was done in his home, 24· ·so all I saw was primarily outside of his home. 25· · · · · ·There was some maintenance in his home, but U.S. Legal Support | www.uslegalsupport.com 3068 YVer1f Judge David C. Miller June 22, 2022 ·1· ·not -- I don't recall any landscaping in his home that ·2· ·I saw. ·3· · · Q.· ·Can you give us examples of areas outside of ·4· ·his home that he would bring equipment for to the ·5· ·island? ·6· · · A.· ·There was the public pool area that was fixed; ·7· ·a road to the airport; the golf course; just ·8· ·everywhere.· Everywhere was Manuel Diaz Farms' trees ·9· ·when I drove around. 10· · · Q.· ·Do you know if Manuel ever received 11· ·compensation for those trees that he would bring over 12· ·to the island? 13· · · A.· ·No. 14· · · Q.· ·No, he -- 15· · · A.· ·No, he did not receive compensation. 16· · · Q.· ·And who would plant these trees when Manuel 17· ·would go over to Cat Cay Island? 18· · · A.· ·Manuel Diaz Farms' employees. 19· · · Q.· ·And would Manuel provide food and housing 20· ·accommodations for his employees? 21· · · A.· ·Oh, yes.· They went with a full package; double 22· ·pay, room and board, so it was very good. 23· · · Q.· ·Do you know if Cat Cay also would provide any 24· ·compensation to the employees when they would do work 25· ·on Cat Cay property? U.S. Legal Support | www.uslegalsupport.com 3069 YVer1f Judge David C. Miller June 22, 2022 ·1· · · A.· ·None. ·2· · · Q.· ·And you said that the employees would receive ·3· ·double pay when they would go to the island? ·4· · · A.· ·Yes, ma'am. ·5· · · Q.· ·Would Manuel be there with his employees when ·6· ·they would be planting the trees -- ·7· · · A.· ·All the time. ·8· · · Q.· ·-- on the property? ·9· · · A.· ·All the time.· He can't stay away from a 10· ·landscaping.· If he's near, he's there. 11· · · Q.· ·So is he like hands on in the mud and -- 12· · · A.· ·Oh, a hundred percent.· A hundred percent. 13· · · · · ·Manuel was very, very active and always helped. 14· · · · · ·If someone was pruning a tree, he was up there 15· ·pruning it faster than any of the others. 16· · · · · ·If they had to bring in water or anything else, 17· ·he would stand there and was doing the water.· And it 18· ·was -- it was to encourage them and just because that's 19· ·his passion, that's what he loves to do. 20· · · Q.· ·Ms. Rodriguez, I'm showing you what's been 21· ·premarked as Plaintiff's for I.D. 647. 22· · · · · ·Do you recognize it? 23· · · A.· ·Yes. 24· · · Q.· ·What is it? 25· · · A.· ·It's a page from the Cat Cay website. U.S. Legal Support | www.uslegalsupport.com 3070 YVer1f Judge David C. Miller June 22, 2022 ·1· · · Q.· ·And is this a true and accurate copy of the Cat ·2· ·Cay Yacht Club website? ·3· · · A.· ·Yes. ·4· · · Q.· ·Now, if you look in the middle of the page ·5· ·where it says "Cat Cay Marina Rates" in the second ·6· ·bullet, does it say, "$5 per foot dockage for the ·7· ·summer"? ·8· · · · · ·MS. ARANGO:· Your Honor, I would object to -- ·9· · · · · ·THE WITNESS:· Yes. 10· · · · · ·MS. ARANGO:· -- foundation for this witness. 11· · · · · ·THE WITNESS:· Yes. 12· · · · · ·THE COURT:· Is this in evidence? 13· · · · · ·MS. GOMEZ:· Not yet, Your Honor. 14· · · · · ·THE COURT:· Okay.· I think you've got to 15· · · ·establish the predicate.· Are you trying to get it 16· · · ·into evidence through this witness? 17· · · · · ·MS. GOMEZ:· Yes, Your Honor.· She just 18· · · ·testified that she's been on this website, she's 19· · · ·familiar with it, this is a true and accurate copy. 20· · · · · ·THE COURT:· Well, I guess we can discuss how 21· · · ·you get website evidence into the record.· Is there 22· · · ·not a stipulation? 23· · · · · ·MS. ARANGO:· No.· There's no stipulation, I 24· · · ·believe. 25· · · · · ·THE COURT:· All right, folks, let's take a U.S. Legal Support | www.uslegalsupport.com 3071 YVer1f Judge David C. Miller June 22, 2022 ·1· ·short break.· I'm sorry that we have to do this, ·2· ·but I think we might need to debate this.· So don't ·3· ·go too far.· We'll try to get you right back in the ·4· ·room. ·5· · · · · · · · · · (Thereupon, the jury was excused ·6· · · · · ·from the courtroom at 8:24 a.m.) ·7· · · ·THE COURT:· Okay.· Jury is out of the room, ·8· ·door is closed. ·9· · · ·You know, as far as I'm concerned, if the 10· ·witness says I saw it on their website, we're good 11· ·to go. 12· · · ·Does the defense think otherwise? 13· · · ·MS. GLASSM