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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN
CIVIL DIVISION
service, if service is by mail, and if no objection is received from any party, the
1. Records Custodian
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10
Respectfully submitted,
Matthew Farmer, Esq.
102 W. Whiting St., Suite 501
Tampa, Florida 33602
(813) 228-0095
FAX (813) 224-0269
Mattfarmer1@aol.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this document was served electronically this
Counsel for Defendants
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN
CIVIL DIVISION
Defendants.
YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service
service, if service is by mail, and if no objection is received from any party, the
1. Records Custodian
Nicholson and Easton, LLP.
707 NE Third Ave. # 301
Fort Lauderdale, FL 33304
in the subpoena. In accordance with Rule 1.351(b), Florida Rules of Civil Procedure, any
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12
Respectfully submitted,
Matthew Farmer, Esq.
102 W. Whiting St., Suite 501
Tampa, Florida 33602
(813) 228-0095
FAX (813) 224-0269
Mattfarmer1@aol.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this document was served electronically this
Counsel for Defendants
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 13
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN
CIVIL DIVISION
Defendants.
YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service
service, if service is by mail, and if no objection is received from any party, the
1. Records Custodian
Jeff Brown, Esq.
450 Carillon Parkway, Suite 120
St. Petersburg, FL 33716
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 14
Respectfully submitted,
Matthew Farmer, Esq.
102 W. Whiting St., Suite 501
Tampa, Florida 33602
(813) 228-0095
FAX (813) 224-0269
Mattfarmer1@aol.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this document was served electronically this
Counsel for Defendants
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 15
IN THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 15 11630
CHRISTINA PAYLAN DIVISION: E
Plaintiff,
TIMOTHY FITZGERALD, ESQ.
An individual, and FARMER &
FITZGERALD, PA, a Florida
Corporation,
Defendants.
PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF
PRODUCTION FROM NON PARTY
Plaintiff, DR. CHRISTINA PAYLAN, object to the issuance of subpoena duces
tecum with or without deposition directed by Defendants,
Records Custodian
Julie Gallagher, Esq.
2022 2 Raymond Diehl Road
Tallahassee, FL 32308
served on October 24, 2017.
Plaintiff specifically objects to all requested documents referenced as
All emails in your possession in which the parties involved/copied on the emails
include Timothy Fitzgerald and Christina Paylan. This includes emails with more
recepients/involved/senders but it must include the involved/copied emails must
include Timothy Fitzgerald and Christina Paylan as senders or recipients. This
does not include emails between Ms. Gallagher and Christina Paylan.
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in the proposed subpoenas duces tecum based on (1) that all requested documents fall
within the purview of attorney client privileged communications and (2) the requested
documents have no relevancy to the claims alleged in the operative complaint
Respectfully submitted,
/s Christina Paylan, MD
CHRISTINA PAYLAN, MD
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 919 6299
Email: drpaylan@bodytuck.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the
foregoing was submitted to Florida’s E Portal which will electronically provide notifications
to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com
/s/ Christina Paylan
CHRISTINA PAYLAN, M.D.
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 6299
Email: drpaylan@bodytuck.com
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IN THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 15 11630
CHRISTINA PAYLAN DIVISION: E
Plaintiff,
TIMOTHY FITZGERALD, ESQ.
An individual, and FARMER &
FITZGERALD, PA, a Florida
Corporation,
Defendants.
/
PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF
PRODUCTION FROM NON PARTY
Plaintiff, DR. CHRISTINA PAYLAN, objects to the issuance of subpoena duces
tecum with or without deposition directed by Defendants, :
Records Custodian
Jeff Brown, Esq.
Brown & Doherty, P.A.
450 Carillon Parkway, Suite 120
St. Petersburg, FL 33716
rved on October 24, 2017.
Plaintiff specifically objects to all requested documents referenced :
All emails in your possession in which the parties involved/copied on the emails
include Timothy Fitzgerald and Christina Paylan. This includes emails involving
either or both Mr. Nicholson and Mr. Easton. This includes all emails where
additional persons are copied or participants in the email. This request does not
include Emails between Mr. Nicholson and Christina Paylan only. This does not
include emails between Mr. Easton and Christina Paylan.
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in the proposed subpoenas duces tecum based on (1) that all requested documents fall
within the purview of attorney client privileged communications and (2) the requested
documents have no relevancy to the claims alleged in the operative complaint
Respectfully submitted,
/s Christina Paylan, MD
CHRISTINA PAYLAN, MD
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 919 6299
Email: drpaylan@bodytuck.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the
foregoing was submitted to Florida’s E Portal which will electronically provide notifications
to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com
/s/ Christina Paylan
CHRISTINA PAYLAN, M.D.
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 6299
Email: drpaylan@bodytuck.com
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IN THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 15 11630
CHRISTINA PAYLAN DIVISION: E
Plaintiff,
TIMOTHY FITZGERALD, ESQ.
An individual, and FARMER &
FITZGERALD, PA, a Florida
Corporation,
Defendants.
PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF
PRODUCTION FROM NON PARTY
Plaintiff, DR. CHRISTINA PAYLAN, object to the issuance of subpoena duces
tecum with or without deposition directed by Defendants,
Records Custodian
Nicholson and Easton, LLP.
707 NE Third Ave. # 301
Fort Lauderdale, FL 33304
served on October 24, 2017.
Plaintiff specifically objects to all requested documents referenced as
All emails in your possession in which the parties involved/copied on the emails
include Timothy Fitzgerald and Christina Paylan. This includes emails involving
either or both Mr. Nicholson and Mr. Easton. This includes all emails where
ditional persons are copied or participants in the email. This request does not
include Emails between Mr. Nicholson and Christina Paylan only. This does not
include emails between Mr. Easton and Christina Paylan.
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in the proposed subpoenas duces tecum based on (1) that all requested documents fall
within the purview of attorney client privileged communications and (2) the requested
documents have no relevancy to the claims alleged in the operative complaint
Respectfully submitted,
/s Christina Paylan, MD
CHRISTINA PAYLAN, MD
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 919 6299
Email: drpaylan@bodytuck.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the
foregoing was submitted to Florida’s E Portal which will electronically provide notifications
to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com
/s/ Christina Paylan
CHRISTINA PAYLAN, M.D.
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 6299
Email: drpaylan@bodytuck.com
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
COMES NOW Defendants, Timothy Fitzgerald, Esq. & Farmer and Fitzgerald,
above-captioned case. A notice of intent to issue subpoenas for each of the below listed
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 22
emails to effectively defend themselves in this action.
WHEREFORE, Defendants respectfully request that this Court grant defendant’s
Respectfully submitted,
Matthew P. Farmer, Esq.
Fla. Bar No. 0793469
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CHRISTINA, PAYLAN MD Case No: 15-CA-011630
Plaintiff
vs
Division: E
Timothy Fitzgerald ESQ ; Farmer & Fitzgerald PA
Defendant
ORDER GRANTING DEFENDANTS’ MOTION FOR COURT AUTHORIZATION TO
ISSUE NONPARTY SUBPOENAS
THIS CAUSE is before the Court on the DEFENDANTS’ MOTION FOR COURT AUTHORIZATION TO
ISSUE NONPARTY SUBPOENAS , filed with the court on or about November 10, 2017, and not currently
set for hearing before the Court. Having reviewed the Defendants' Motion, the Plaintiff's objections filed
on or about October 30, 2017, the Court File and being otherwise fully advised in the premises,
It is ORDERED that the Defendants' Motion for Court Authorization to Issue Nonparty Subpoenas is
hereby GRANTED.
Done and Ordered in Hillsborough County, Florida this 22nd day of November, 2017.
ELECTRONICALLY CONFORMED
11/22/2017
Gregory P. Holder, Judge
Copies Furnished To:
Plaintiff Defendant
Attorney: Hillsclerk Appeal Audit Timothy Fitzgerald ESQ
102 W. Whiting Street
CHRISTINA, PAYLAN MD Suite 501
PO BOX 66442 Tampa, FL 33602
ST PETE BEACH, FL 33736
Farmer & Fitzgerald PA
102 W. Whiting Street
Suite 501
Tampa, FL 33602
Attorney: MATTHEW FARMER ESQ
FARMER & FITZGERALD
102 W WHITING ST STE 501
TAMPA, FL 33602
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 25
IN THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 15 -11630
DR.CHRISTINA PAYLAN DIVISION: E
Plaintiff,
TIMOTHY FITZGERALD,ESQ.
An individual, and FARMER &
FITZGERALD, PA, a Florida
Corporation,
Defendants.
/
MOTION TO RESCHEDULE THE DECEMBER 5, 2017 HEARING
COMES NO , Plaintiff, DR. CHRISTINA PAYLAN, (“Dr. Paylan”), and hereby files
this Motion to Reschedule the December 5, 2017 Hearing, and as grounds states the following:
Plaintiff has undergone yet another surgical procedure which requires Plaintiff to be
on strict bedrest until medically clearedSee Exhibit 1
Defendants will not face any prejudice in rescheduling this hearing as the subject
motion to be heard for this hearing was initiated by the Court, and not by Defendants.
3. Parties were directed to respond to the Court’s sua sponte motion by November 27,
, with Plaintiff being provided until December 1, 2017 to submit a reply.
4. Due to the second surgical procedure which Plaintiff underwent on November 14,
2017, Plaintiff is unable to sit upright, type, do legal research or perform even the most basic chores
until further medical clearance by her doctor. See Exhibit 1.
This Motion is being brought solely on the basis of the medical restrictions placed
on Plaintiff following her second surgical procedure, and not for any other dilatory purpose.
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This motion is being typed by an assistant to Plaintiff and the mere submission of
this motion does not mean that Plaintiff is able to type, sit upright, or participate in any substantial
way to this procedural motion.
WHEREFORE, Plaintiff, CHRISTINA PAYLAN, MD, respectfully requests that this
Court grant her motion, grant the request to reschedule the hearing currently set for December 5,
to a date and time that falls to the end of December for which time, Plaintiff expects that she
will be able to get the necessary medical clearance, barring any unexpected recovery issues, and
grant any other and further relief as the Court may deem necessary.
Respectfully submitted,
/s Christina Paylan, MD
CHRISTINA PAYLAN, MD
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 919-6299
Email: drpaylan@bodytuck.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that November 21, 2017, a true and accurate copy of the
foregoing was submitted to Florida’s E Portal which will electronically provide notifications to
Counsel for Defendants, Matthew FarmerEsq, at mattfarmer1@aol.com
/s/ Christina Paylan
CHRISTINA PAYLAN, M.D.
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CHRISTINA, PAYLAN MD Case No: 15-CA-011630
Plaintiff
vs
Division: E
Timothy Fitzgerald ESQ ; Farmer & Fitzgerald PA
Defendant
ORDER GRANTING PLAINTIFF'S MOTION TO RESCHEDULE THE DECEMBER 5,
2017 HEARING.
THIS CAUSE having come on to be considered, without hearing, upon Plaintiff's Motion to
Reschedule the December 5, 2017 Hearing and this Court having reviewed the motion, the court
file, and being otherwise duly advised in the premises, the Court finds as follows:
1. On November 21, 2017, the Plaintiff filed her motion to continue the Court ordered hearing
currently scheduled for December 5, 2017. The grounds asserted by the Plaintiff are amazingly
similar to those advanced in her prior motion filed on October 25, 2017. Apparently, the Plaintiff has
undergone yet another elective surgical procedure in Miami, Florida, and asserts that she is unable
to attend the hearing that was scheduled well before the November 14, 2017 "second surgical
procedure."
2. The Court, in an abundance of caution, finds that the grounds are sufficient to grant the relief
requested. Based upon the foregoing, it is:
ORDERED AND ADJUDGED that the Plaintiff's Motion to Reschedule the December 5, 2017, hearing
is granted and the hearing is now re-scheduled on December 19, 2017 from 2:00 to 3:00 pm. The
parties and counsel are ordered to appear on that date and time.
The Plaintiff and Counsel for the Defendants are DIRECTED to submit a memorandum of law
outlining the Plaintiff's and the Defendants' position, respectively, on these legal issues and attend
the hearing to present any evidence deemed relevant. The Plaintiff's and Defendants' memoranda
shall be filed with the Court by Friday, December 15, 2017. No additional memoranda shall be
submitted by either party.
Done and Ordered in Hillsborough County, Florida this 28th day of November, 2017.
15-CA-011630 11/28/2017 11:35:01 AM
15-CA-011630 11/28/2017 11:35:01 AM
Gregory P. Holder, Judge
Copies Furnished To:
Plaintiff Defendant
Attorney: Hillsclerk Appeal Audit Timothy Fitzgerald ESQ
102 W. Whiting Street
CHRISTINA, PAYLAN MD Suite 501
PO BOX 66442 Tampa, FL 33602
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 29
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IN THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 15 -11630
DR.CHRISTINA PAYLAN DIVISION: E
Plaintiff,
TIMOTHY FITZGERALD,ESQ.
An individual, and FARMER &
FITZGERALD, PA, a Florida
Corporation,
Defendants.
/
MOTION TO RESCHEDULE THE CTOBER 26HEARING ON MOTIONS FOR
SUMMARY JUDGMENT
COMES NO , Plaintiff, DR. CHRISTINA PAYLAN, (“Dr. Paylan”), and hereby files
this Motion to Reschedule the October 26, 2017 Hearing on Motions for Summary Judgment, and
as grounds states the following:
While Plaintiff believes that this Court will never grant anything for Plaintiff as it
sits in conflict and prejudice, and at the chagrin of receiving another 4-page long order as to why a
motion for extension should not be granted by listing all of the other litigation that Plaintiff is
engaged in, Plaintiff brings this motion for an extension of time on the hearing scheduled for
October 26, 2017.
On October 6, 2017, Defendants filed their own motion for summary judgment and
ilaterally set that motion for the hearing previously scheduled on other motions for October 26,
Plaintiff has undergone a medically necessary procedure. As a result of the
procedure, Plaintiff is severely limited in performing the routine work that is required of her such
as the work required for filing of a proper response to the motion for summary judgment.
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A copy of the physician letter regarding Plaintiff s procedure is enclosed as Exhibits
A and B. The first letter was written prior to the procedure and the second letter was written post
procedure to make sure that this Court does not think that the procedure may not have been done.
See Exhibit A and Exhibit B.
Defendants will not face any prejudice in rescheduling their motion for summary
judgment for October 26, 2017. Defendants have had more than 4 months to respond to Plaintiff
motion for summary judgment while Plaintiff will only have 15 days if the hearing for October 26,
2017 remains as it is. And those 15 days which Plaintiff will have had will be while Plaintiff has
undergone a medically necessary procedure limiting her ability to properly respond.
6. Defenda ’ October 6, 2017 filed motion for summary judgment was scheduled
without consent by Plaintiff. Local rules require counsel to receive consent for scheduling additional
motions on days which already have prior motions scheduled as is the case for the October 26, 2017
hearing.
This is the first motion for extension Plaintiff is seeking to move the date of the
hearing which Defendants unilaterally scheduled their own motion for summary judgment filed on
October 6, 2017. See Exhibit C.
Plaintiff also seeks to move the remaining motions scheduled for October 26, 2017
and the time period which Plaintiff seeks to move all these motions is as indicated on the physician
letter, sometime after November 23, 2017.
It would be an abuse of discretion not to grant a brief extension of time while
Plaintiff has a legitimate medical documentation showing her restrictions.
All of this is going to go up to Lakeland, one way or another so long as this Court
continues to sit in conflict, prejudice and in war against Plaintiff. Nothing will ever be final in this
court as Plaintiff has made that much clear. The Second DCA does not have the same sentiments
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for Plaintiff as this Court does or as this Court may believe that the Second DCA does. Single
handedly, Plaintiff acting pro se, was able to reverse and literally make case law in Florida in being
permitted to proceed against two prosecutors for Section 1983 violations and tortuous interference.
As this Court is surely aware, prosecutorial immunity is a big hurdle to get over even in cases where
prosecution has been brought in bad faith. The Second DCA s opinion was published on October
See Exhibit
By this extension, Plaintiff simply sets forth that she underwent a medically
necessary procedure which has severely limited her ability to (1) sit in front of the computer and do
hours of legal research, (2) type for hours editing and revising and (3) finally make the necessary
arrangements for notary and file the proper pleading to counter Defendants’ October 6, 2017 filed
motion for summary judgment that was unilaterally set for October 26, 2017.
This motion is not being made in bad faith or for any dilatory purpose. Counsel
objects to this motion with pages and pages of nonsensical email asking for further and further
documentation from Plaintiff when Counsel himself is all too familiar with how much a surgical
procedure restricts a human being s ability given that Counsel has someone very close to him who
has experienced the wrath of surgical procedures all his life, and the lengthy recovery required
from a surgical procedure. See Exhibit E.
WHEREFORE, Plaintiff, CHRISTINA PAYLAN, MD, respectfully requests that this
Court grant her motion for a brief extension of time and reschedule all the motions scheduled for
This opinion is the very same reason why this Court s dismissal with prejudice in Paylan v. Bishop will be
overturned. That decision was made because of this Court s conflict and animosity towards Plaintiff, not because there
was judicial reasoning to dismissing the complaint with prejudice. And in the event that Plaintiff is wrong, this Court
can surely read the opinion of October 11, 2017 on the permissibility of tortuous interference claim against the two
prosecutors and reverse its own decision as a trial court can always reverse itself if jurisdiction has not been divested.
Given that jurisdiction has been divested, the trial court can still do so upon relinquishment of jurisdiction. No Second
DCA panel is going to allow tortuous interference against the two prosecutors but find that cops are immune from the
same claim of tortuous interference.
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the October 26, 2017 hearing, and/or at a minimum reschedule Defendants’ October 6, 2017 filed
motion for summary judgment to a date beyond November 23, 2017, and permit Plaintiff to attend
the hearing for the remaining motions previously scheduled telephonically on October 26, 2017,
and grant any other and further relief as the Court may deem necessary.
Respectfully submitted,
/s Christina Paylan, MD
CHRISTINA PAYLAN, MD
P.O. BOX 66442
St. Pete Beach, Florida 33736
Tel: (813) 919-6299
Email: drpaylan@bodytuck.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 20, 2017, a true and accurate copy of the foregoing
was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for
Defendants, Matthew Farmer, Esq, at mattfarmer1@aol.com
/s/ Christina Paylan
CHRISTINA PAYLAN, M.D.
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06, 2017 10:43
defense motion
same date
Surgery of
> St.
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
CHRISTINA PAYLAN, )
Appellant,
v. ) Case Nos. 2D15-2962
) 2D15-4972
DARRELL DIRKS, CHRISTINE )
BROWN, and MARK OBER, ) CONSOLIDATED
Appellees.
Opinion file October 11, 2017.
Appeal from the Circuit Court for
Hillsborough County; William P.
Levens and Bernard C. Silver, Judges.
Christina Paylan, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, Diana R. Esposito and
Katelyn B. Wright, Assistant Attorneys
General, Tampa, for Appellees.
PER CURIAM.
Christina Paylan appeals the dismissal with prejudice of her first amended
and second amended complaints against State Attorney (SA) Mark Ober and Assistant
State Attorneys (ASAs) Darrell Dirks and Christine Brown. The complaints arise out of
12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 38
the Sta orney's Office's investigation and prosecution of Paylan for narcotics
violations.
After a de novo review and the benefit of oral argument, we affirm without
comment the trial court's dismissal with prejudice of Counts III (intentional infliction of
emotional distress), IV (negative entrustment and hiring), V (malicious prosecution), and
VI (abuse of process) of the first amended complaint; Counts II (42 U.S.C. § 1983/Fifth
and Fourteenth Amendments), III (42 U.S.C. § 1983/negligent supervision and failure to
train), V (defamation), and VI (defamation by implication) of the second amended
complaint; and all other claims against SA Ober.
Although we affirm the trial court's dismissal with prejudice of Counts I (42
U.S.C. § 1983/Fourth Amendment) and IV (tortious interference with a business
relationship) of the second amended complaint as they pertain to SA Ober, we reverse
the dismissal of those counts as they pertain to ASAs Dirks and Brown, individually.
Paylan sufficiently alleged deprivation of her civil rights under the Fourth Amendment
and tortious interference with her business relationships. Although she did not
sufficiently attribute specific improper conduct to a specific ASA in every instance, she
did raise some specific allegations against both ASA Dirks and ASA Brown. Thus, the
trial court abused its discretion in determining that allowing Paylan to amend her claims
would be futile and dismissing Counts I and IV against ASAs Dirks and Brown without
leave to amend. See Kapley v. Borchers, 714 So. 2d 1217, 1218 (Fla. 2d DCA 1998)
("A dismissal with prejudice should not be ordered without giving the party offering the
pleading an opportunity to amend unless it appears that the privilege to amend has
been abused or it is clear that the pleading cannot be amended to state a cause of
-2-
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action. Gerentine v. Coastal Sec. Sys., 529 So. 2d 1191, 1194 (Fla. 5th DCA 1988)
("Because the second amended complaint did not provide short and plain statements of
the ultimate facts as required by the rules of pleading, the court correctly dismissed it.
However, because a cause of action can be gleaned from said second amended
complaint, the court should have permitted the plaintiffs another opportunity to amend it
. . . .").
Moreover, Paylan's allegations against the ASAs in their individual
capacities fall within Florida's limited waiver of sovereign immunity, see § 768.28(9)(a),
Fla. Stat. (2010), and the face of her complaint does not otherwise conclusively
establish that the ASAs are entitled either to sovereign immunity or to qualified
immunity. See Peak v. Outward Bound, Inc., 57 So. 3d 997, 999 (Fla. 2d DCA 2011)
("Sovereign immunity generally is an affirmative defense that may justify granting a
motion to dismiss only when the complaint itself conclusively establishes its
applicability." (quoting Sierra v. Associated Marine Insts., Inc., 850 So. 2d 582, 590 (Fla.
2d DCA 2003))); Becker v. Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) ("On a
motion to dismiss based on a qualified immunity defense, a trial court must examine the
complaint to determine whether the allegations themselves reveal the existence of the
qualified immunity defense; th
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12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN CIVIL DIVISION service, if service is by mail, and if no objection is received from any party, the 1. Records Custodian 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10 Respectfully submitted, Matthew Farmer, Esq. 102 W. Whiting St., Suite 501 Tampa, Florida 33602 (813) 228-0095 FAX (813) 224-0269 Mattfarmer1@aol.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this document was served electronically this Counsel for Defendants 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN CIVIL DIVISION Defendants. YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service service, if service is by mail, and if no objection is received from any party, the 1. Records Custodian Nicholson and Easton, LLP. 707 NE Third Ave. # 301 Fort Lauderdale, FL 33304 in the subpoena. In accordance with Rule 1.351(b), Florida Rules of Civil Procedure, any 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12 Respectfully submitted, Matthew Farmer, Esq. 102 W. Whiting St., Suite 501 Tampa, Florida 33602 (813) 228-0095 FAX (813) 224-0269 Mattfarmer1@aol.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this document was served electronically this Counsel for Defendants 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 13 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN CIVIL DIVISION Defendants. YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service service, if service is by mail, and if no objection is received from any party, the 1. Records Custodian Jeff Brown, Esq. 450 Carillon Parkway, Suite 120 St. Petersburg, FL 33716 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 14 Respectfully submitted, Matthew Farmer, Esq. 102 W. Whiting St., Suite 501 Tampa, Florida 33602 (813) 228-0095 FAX (813) 224-0269 Mattfarmer1@aol.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this document was served electronically this Counsel for Defendants 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 15 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE NO: 15 11630 CHRISTINA PAYLAN DIVISION: E Plaintiff, TIMOTHY FITZGERALD, ESQ. An individual, and FARMER & FITZGERALD, PA, a Florida Corporation, Defendants. PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF PRODUCTION FROM NON PARTY Plaintiff, DR. CHRISTINA PAYLAN, object to the issuance of subpoena duces tecum with or without deposition directed by Defendants, Records Custodian Julie Gallagher, Esq. 2022 2 Raymond Diehl Road Tallahassee, FL 32308 served on October 24, 2017. Plaintiff specifically objects to all requested documents referenced as All emails in your possession in which the parties involved/copied on the emails include Timothy Fitzgerald and Christina Paylan. This includes emails with more recepients/involved/senders but it must include the involved/copied emails must include Timothy Fitzgerald and Christina Paylan as senders or recipients. This does not include emails between Ms. Gallagher and Christina Paylan. Page | 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 16 in the proposed subpoenas duces tecum based on (1) that all requested documents fall within the purview of attorney client privileged communications and (2) the requested documents have no relevancy to the claims alleged in the operative complaint Respectfully submitted, /s Christina Paylan, MD CHRISTINA PAYLAN, MD P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 919 6299 Email: drpaylan@bodytuck.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the foregoing was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com /s/ Christina Paylan CHRISTINA PAYLAN, M.D. P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 6299 Email: drpaylan@bodytuck.com Page | 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 17 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE NO: 15 11630 CHRISTINA PAYLAN DIVISION: E Plaintiff, TIMOTHY FITZGERALD, ESQ. An individual, and FARMER & FITZGERALD, PA, a Florida Corporation, Defendants. / PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF PRODUCTION FROM NON PARTY Plaintiff, DR. CHRISTINA PAYLAN, objects to the issuance of subpoena duces tecum with or without deposition directed by Defendants, : Records Custodian Jeff Brown, Esq. Brown & Doherty, P.A. 450 Carillon Parkway, Suite 120 St. Petersburg, FL 33716 rved on October 24, 2017. Plaintiff specifically objects to all requested documents referenced : All emails in your possession in which the parties involved/copied on the emails include Timothy Fitzgerald and Christina Paylan. This includes emails involving either or both Mr. Nicholson and Mr. Easton. This includes all emails where additional persons are copied or participants in the email. This request does not include Emails between Mr. Nicholson and Christina Paylan only. This does not include emails between Mr. Easton and Christina Paylan. Page | 1 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 18 in the proposed subpoenas duces tecum based on (1) that all requested documents fall within the purview of attorney client privileged communications and (2) the requested documents have no relevancy to the claims alleged in the operative complaint Respectfully submitted, /s Christina Paylan, MD CHRISTINA PAYLAN, MD P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 919 6299 Email: drpaylan@bodytuck.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the foregoing was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com /s/ Christina Paylan CHRISTINA PAYLAN, M.D. P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 6299 Email: drpaylan@bodytuck.com Page | 2 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 19 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE NO: 15 11630 CHRISTINA PAYLAN DIVISION: E Plaintiff, TIMOTHY FITZGERALD, ESQ. An individual, and FARMER & FITZGERALD, PA, a Florida Corporation, Defendants. PLAINTIFF’S OBJECTION TO DEFENDANTS’ NOTICE OF PRODUCTION FROM NON PARTY Plaintiff, DR. CHRISTINA PAYLAN, object to the issuance of subpoena duces tecum with or without deposition directed by Defendants, Records Custodian Nicholson and Easton, LLP. 707 NE Third Ave. # 301 Fort Lauderdale, FL 33304 served on October 24, 2017. Plaintiff specifically objects to all requested documents referenced as All emails in your possession in which the parties involved/copied on the emails include Timothy Fitzgerald and Christina Paylan. This includes emails involving either or both Mr. Nicholson and Mr. Easton. This includes all emails where ditional persons are copied or participants in the email. This request does not include Emails between Mr. Nicholson and Christina Paylan only. This does not include emails between Mr. Easton and Christina Paylan. Page | 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 20 in the proposed subpoenas duces tecum based on (1) that all requested documents fall within the purview of attorney client privileged communications and (2) the requested documents have no relevancy to the claims alleged in the operative complaint Respectfully submitted, /s Christina Paylan, MD CHRISTINA PAYLAN, MD P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 919 6299 Email: drpaylan@bodytuck.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 30, 201 , a true and accurate copy of the foregoing was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for Defendants, Matthew Farmer Esq, at mattfarmer1@aol.com /s/ Christina Paylan CHRISTINA PAYLAN, M.D. P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 6299 Email: drpaylan@bodytuck.com Page | 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 21 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT COMES NOW Defendants, Timothy Fitzgerald, Esq. & Farmer and Fitzgerald, above-captioned case. A notice of intent to issue subpoenas for each of the below listed 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 22 emails to effectively defend themselves in this action. WHEREFORE, Defendants respectfully request that this Court grant defendant’s Respectfully submitted, Matthew P. Farmer, Esq. Fla. Bar No. 0793469 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 23 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 24 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT FOR HILLSBOROUGH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CHRISTINA, PAYLAN MD Case No: 15-CA-011630 Plaintiff vs Division: E Timothy Fitzgerald ESQ ; Farmer & Fitzgerald PA Defendant ORDER GRANTING DEFENDANTS’ MOTION FOR COURT AUTHORIZATION TO ISSUE NONPARTY SUBPOENAS THIS CAUSE is before the Court on the DEFENDANTS’ MOTION FOR COURT AUTHORIZATION TO ISSUE NONPARTY SUBPOENAS , filed with the court on or about November 10, 2017, and not currently set for hearing before the Court. Having reviewed the Defendants' Motion, the Plaintiff's objections filed on or about October 30, 2017, the Court File and being otherwise fully advised in the premises, It is ORDERED that the Defendants' Motion for Court Authorization to Issue Nonparty Subpoenas is hereby GRANTED. Done and Ordered in Hillsborough County, Florida this 22nd day of November, 2017. ELECTRONICALLY CONFORMED 11/22/2017 Gregory P. Holder, Judge Copies Furnished To: Plaintiff Defendant Attorney: Hillsclerk Appeal Audit Timothy Fitzgerald ESQ 102 W. Whiting Street CHRISTINA, PAYLAN MD Suite 501 PO BOX 66442 Tampa, FL 33602 ST PETE BEACH, FL 33736 Farmer & Fitzgerald PA 102 W. Whiting Street Suite 501 Tampa, FL 33602 Attorney: MATTHEW FARMER ESQ FARMER & FITZGERALD 102 W WHITING ST STE 501 TAMPA, FL 33602 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 25 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE NO: 15 -11630 DR.CHRISTINA PAYLAN DIVISION: E Plaintiff, TIMOTHY FITZGERALD,ESQ. An individual, and FARMER & FITZGERALD, PA, a Florida Corporation, Defendants. / MOTION TO RESCHEDULE THE DECEMBER 5, 2017 HEARING COMES NO , Plaintiff, DR. CHRISTINA PAYLAN, (“Dr. Paylan”), and hereby files this Motion to Reschedule the December 5, 2017 Hearing, and as grounds states the following: Plaintiff has undergone yet another surgical procedure which requires Plaintiff to be on strict bedrest until medically clearedSee Exhibit 1 Defendants will not face any prejudice in rescheduling this hearing as the subject motion to be heard for this hearing was initiated by the Court, and not by Defendants. 3. Parties were directed to respond to the Court’s sua sponte motion by November 27, , with Plaintiff being provided until December 1, 2017 to submit a reply. 4. Due to the second surgical procedure which Plaintiff underwent on November 14, 2017, Plaintiff is unable to sit upright, type, do legal research or perform even the most basic chores until further medical clearance by her doctor. See Exhibit 1. This Motion is being brought solely on the basis of the medical restrictions placed on Plaintiff following her second surgical procedure, and not for any other dilatory purpose. Page | 1 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 26 This motion is being typed by an assistant to Plaintiff and the mere submission of this motion does not mean that Plaintiff is able to type, sit upright, or participate in any substantial way to this procedural motion. WHEREFORE, Plaintiff, CHRISTINA PAYLAN, MD, respectfully requests that this Court grant her motion, grant the request to reschedule the hearing currently set for December 5, to a date and time that falls to the end of December for which time, Plaintiff expects that she will be able to get the necessary medical clearance, barring any unexpected recovery issues, and grant any other and further relief as the Court may deem necessary. Respectfully submitted, /s Christina Paylan, MD CHRISTINA PAYLAN, MD P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 919-6299 Email: drpaylan@bodytuck.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that November 21, 2017, a true and accurate copy of the foregoing was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for Defendants, Matthew FarmerEsq, at mattfarmer1@aol.com /s/ Christina Paylan CHRISTINA PAYLAN, M.D. Page | 2 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 27 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 28 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT FOR HILLSBOROUGH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CHRISTINA, PAYLAN MD Case No: 15-CA-011630 Plaintiff vs Division: E Timothy Fitzgerald ESQ ; Farmer & Fitzgerald PA Defendant ORDER GRANTING PLAINTIFF'S MOTION TO RESCHEDULE THE DECEMBER 5, 2017 HEARING. THIS CAUSE having come on to be considered, without hearing, upon Plaintiff's Motion to Reschedule the December 5, 2017 Hearing and this Court having reviewed the motion, the court file, and being otherwise duly advised in the premises, the Court finds as follows: 1. On November 21, 2017, the Plaintiff filed her motion to continue the Court ordered hearing currently scheduled for December 5, 2017. The grounds asserted by the Plaintiff are amazingly similar to those advanced in her prior motion filed on October 25, 2017. Apparently, the Plaintiff has undergone yet another elective surgical procedure in Miami, Florida, and asserts that she is unable to attend the hearing that was scheduled well before the November 14, 2017 "second surgical procedure." 2. The Court, in an abundance of caution, finds that the grounds are sufficient to grant the relief requested. Based upon the foregoing, it is: ORDERED AND ADJUDGED that the Plaintiff's Motion to Reschedule the December 5, 2017, hearing is granted and the hearing is now re-scheduled on December 19, 2017 from 2:00 to 3:00 pm. The parties and counsel are ordered to appear on that date and time. The Plaintiff and Counsel for the Defendants are DIRECTED to submit a memorandum of law outlining the Plaintiff's and the Defendants' position, respectively, on these legal issues and attend the hearing to present any evidence deemed relevant. The Plaintiff's and Defendants' memoranda shall be filed with the Court by Friday, December 15, 2017. No additional memoranda shall be submitted by either party. Done and Ordered in Hillsborough County, Florida this 28th day of November, 2017. 15-CA-011630 11/28/2017 11:35:01 AM 15-CA-011630 11/28/2017 11:35:01 AM Gregory P. Holder, Judge Copies Furnished To: Plaintiff Defendant Attorney: Hillsclerk Appeal Audit Timothy Fitzgerald ESQ 102 W. Whiting Street CHRISTINA, PAYLAN MD Suite 501 PO BOX 66442 Tampa, FL 33602 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 29 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 30 IN THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION CASE NO: 15 -11630 DR.CHRISTINA PAYLAN DIVISION: E Plaintiff, TIMOTHY FITZGERALD,ESQ. An individual, and FARMER & FITZGERALD, PA, a Florida Corporation, Defendants. / MOTION TO RESCHEDULE THE CTOBER 26HEARING ON MOTIONS FOR SUMMARY JUDGMENT COMES NO , Plaintiff, DR. CHRISTINA PAYLAN, (“Dr. Paylan”), and hereby files this Motion to Reschedule the October 26, 2017 Hearing on Motions for Summary Judgment, and as grounds states the following: While Plaintiff believes that this Court will never grant anything for Plaintiff as it sits in conflict and prejudice, and at the chagrin of receiving another 4-page long order as to why a motion for extension should not be granted by listing all of the other litigation that Plaintiff is engaged in, Plaintiff brings this motion for an extension of time on the hearing scheduled for October 26, 2017. On October 6, 2017, Defendants filed their own motion for summary judgment and ilaterally set that motion for the hearing previously scheduled on other motions for October 26, Plaintiff has undergone a medically necessary procedure. As a result of the procedure, Plaintiff is severely limited in performing the routine work that is required of her such as the work required for filing of a proper response to the motion for summary judgment. Page | 1 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 31 A copy of the physician letter regarding Plaintiff s procedure is enclosed as Exhibits A and B. The first letter was written prior to the procedure and the second letter was written post procedure to make sure that this Court does not think that the procedure may not have been done. See Exhibit A and Exhibit B. Defendants will not face any prejudice in rescheduling their motion for summary judgment for October 26, 2017. Defendants have had more than 4 months to respond to Plaintiff motion for summary judgment while Plaintiff will only have 15 days if the hearing for October 26, 2017 remains as it is. And those 15 days which Plaintiff will have had will be while Plaintiff has undergone a medically necessary procedure limiting her ability to properly respond. 6. Defenda ’ October 6, 2017 filed motion for summary judgment was scheduled without consent by Plaintiff. Local rules require counsel to receive consent for scheduling additional motions on days which already have prior motions scheduled as is the case for the October 26, 2017 hearing. This is the first motion for extension Plaintiff is seeking to move the date of the hearing which Defendants unilaterally scheduled their own motion for summary judgment filed on October 6, 2017. See Exhibit C. Plaintiff also seeks to move the remaining motions scheduled for October 26, 2017 and the time period which Plaintiff seeks to move all these motions is as indicated on the physician letter, sometime after November 23, 2017. It would be an abuse of discretion not to grant a brief extension of time while Plaintiff has a legitimate medical documentation showing her restrictions. All of this is going to go up to Lakeland, one way or another so long as this Court continues to sit in conflict, prejudice and in war against Plaintiff. Nothing will ever be final in this court as Plaintiff has made that much clear. The Second DCA does not have the same sentiments Page | 2 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 32 for Plaintiff as this Court does or as this Court may believe that the Second DCA does. Single handedly, Plaintiff acting pro se, was able to reverse and literally make case law in Florida in being permitted to proceed against two prosecutors for Section 1983 violations and tortuous interference. As this Court is surely aware, prosecutorial immunity is a big hurdle to get over even in cases where prosecution has been brought in bad faith. The Second DCA s opinion was published on October See Exhibit By this extension, Plaintiff simply sets forth that she underwent a medically necessary procedure which has severely limited her ability to (1) sit in front of the computer and do hours of legal research, (2) type for hours editing and revising and (3) finally make the necessary arrangements for notary and file the proper pleading to counter Defendants’ October 6, 2017 filed motion for summary judgment that was unilaterally set for October 26, 2017. This motion is not being made in bad faith or for any dilatory purpose. Counsel objects to this motion with pages and pages of nonsensical email asking for further and further documentation from Plaintiff when Counsel himself is all too familiar with how much a surgical procedure restricts a human being s ability given that Counsel has someone very close to him who has experienced the wrath of surgical procedures all his life, and the lengthy recovery required from a surgical procedure. See Exhibit E. WHEREFORE, Plaintiff, CHRISTINA PAYLAN, MD, respectfully requests that this Court grant her motion for a brief extension of time and reschedule all the motions scheduled for This opinion is the very same reason why this Court s dismissal with prejudice in Paylan v. Bishop will be overturned. That decision was made because of this Court s conflict and animosity towards Plaintiff, not because there was judicial reasoning to dismissing the complaint with prejudice. And in the event that Plaintiff is wrong, this Court can surely read the opinion of October 11, 2017 on the permissibility of tortuous interference claim against the two prosecutors and reverse its own decision as a trial court can always reverse itself if jurisdiction has not been divested. Given that jurisdiction has been divested, the trial court can still do so upon relinquishment of jurisdiction. No Second DCA panel is going to allow tortuous interference against the two prosecutors but find that cops are immune from the same claim of tortuous interference. Page | 3 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 33 the October 26, 2017 hearing, and/or at a minimum reschedule Defendants’ October 6, 2017 filed motion for summary judgment to a date beyond November 23, 2017, and permit Plaintiff to attend the hearing for the remaining motions previously scheduled telephonically on October 26, 2017, and grant any other and further relief as the Court may deem necessary. Respectfully submitted, /s Christina Paylan, MD CHRISTINA PAYLAN, MD P.O. BOX 66442 St. Pete Beach, Florida 33736 Tel: (813) 919-6299 Email: drpaylan@bodytuck.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 20, 2017, a true and accurate copy of the foregoing was submitted to Florida’s E Portal which will electronically provide notifications to Counsel for Defendants, Matthew Farmer, Esq, at mattfarmer1@aol.com /s/ Christina Paylan CHRISTINA PAYLAN, M.D. Page | 4 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 34 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 35 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 36 06, 2017 10:43 defense motion same date Surgery of > St. 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 37 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHRISTINA PAYLAN, ) Appellant, v. ) Case Nos. 2D15-2962 ) 2D15-4972 DARRELL DIRKS, CHRISTINE ) BROWN, and MARK OBER, ) CONSOLIDATED Appellees. Opinion file October 11, 2017. Appeal from the Circuit Court for Hillsborough County; William P. Levens and Bernard C. Silver, Judges. Christina Paylan, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, Diana R. Esposito and Katelyn B. Wright, Assistant Attorneys General, Tampa, for Appellees. PER CURIAM. Christina Paylan appeals the dismissal with prejudice of her first amended and second amended complaints against State Attorney (SA) Mark Ober and Assistant State Attorneys (ASAs) Darrell Dirks and Christine Brown. The complaints arise out of 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 38 the Sta orney's Office's investigation and prosecution of Paylan for narcotics violations. After a de novo review and the benefit of oral argument, we affirm without comment the trial court's dismissal with prejudice of Counts III (intentional infliction of emotional distress), IV (negative entrustment and hiring), V (malicious prosecution), and VI (abuse of process) of the first amended complaint; Counts II (42 U.S.C. § 1983/Fifth and Fourteenth Amendments), III (42 U.S.C. § 1983/negligent supervision and failure to train), V (defamation), and VI (defamation by implication) of the second amended complaint; and all other claims against SA Ober. Although we affirm the trial court's dismissal with prejudice of Counts I (42 U.S.C. § 1983/Fourth Amendment) and IV (tortious interference with a business relationship) of the second amended complaint as they pertain to SA Ober, we reverse the dismissal of those counts as they pertain to ASAs Dirks and Brown, individually. Paylan sufficiently alleged deprivation of her civil rights under the Fourth Amendment and tortious interference with her business relationships. Although she did not sufficiently attribute specific improper conduct to a specific ASA in every instance, she did raise some specific allegations against both ASA Dirks and ASA Brown. Thus, the trial court abused its discretion in determining that allowing Paylan to amend her claims would be futile and dismissing Counts I and IV against ASAs Dirks and Brown without leave to amend. See Kapley v. Borchers, 714 So. 2d 1217, 1218 (Fla. 2d DCA 1998) ("A dismissal with prejudice should not be ordered without giving the party offering the pleading an opportunity to amend unless it appears that the privilege to amend has been abused or it is clear that the pleading cannot be amended to state a cause of -2- 12/1/2017 10:01 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 39 action. Gerentine v. Coastal Sec. Sys., 529 So. 2d 1191, 1194 (Fla. 5th DCA 1988) ("Because the second amended complaint did not provide short and plain statements of the ultimate facts as required by the rules of pleading, the court correctly dismissed it. However, because a cause of action can be gleaned from said second amended complaint, the court should have permitted the plaintiffs another opportunity to amend it . . . ."). Moreover, Paylan's allegations against the ASAs in their individual capacities fall within Florida's limited waiver of sovereign immunity, see § 768.28(9)(a), Fla. Stat. (2010), and the face of her complaint does not otherwise conclusively establish that the ASAs are entitled either to sovereign immunity or to qualified immunity. See Peak v. Outward Bound, Inc., 57 So. 3d 997, 999 (Fla. 2d DCA 2011) ("Sovereign immunity generally is an affirmative defense that may justify granting a motion to dismiss only when the complaint itself conclusively establishes its applicability." (quoting Sierra v. Associated Marine Insts., Inc., 850 So. 2d 582, 590 (Fla. 2d DCA 2003))); Becker v. Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) ("On a motion to dismiss based on a qualified immunity defense, a trial court must examine the complaint to determine whether the allegations themselves reveal the existence of the qualified immunity defense; th