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Filing # 58335406 E-Filed 06/27/2017 04:35:22 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE 15-013647(11)
BANK OF AMERICAN, N.A.,
Plaintiff,
V.
HELENA CHEW a/k/a HELENA S
CHEW, et al.,
Defendant.
/
MOTION TO STRIKE TRIAL WITNESS
The Defendant, HELENA CHEW a/k/a HELENA S. CHEW (hereinafter referred
to as the “HOMEOWNER’) by and through her undersigned counsel, hereby files this
Motion to Strike Trial Witness, and in support states as follows:
le On January 11, 2017, this Court entered an Order Setting Non-Jury Trial.
A copy of the Order is attached hereto as Exhibit “A.”
2. The Order Setting Non-Jury Trial included the following:
“It is further ORDERED no less than thirty (30) days prior to the commencement
of the trial, unless provided notice in court, the parties shalle file and serve:
A Witness and Exhibit List(s) of all witnesses expected to testify and any
documents which may be offered in evidence at trial. Any party in advance of the trial
date shall make all exhibits available for viewing.”
THE TICKTIN LAW GRowpP, P.A,
600 West HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE: (954) 570-6757
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/27/2017 4:35:22 PM.****3. The Plaintiff served its Witness and Exhibit List on March 1, 2017, and
listed Jonathan Weiner as the corporate representative it intended to call as a witness at
trial. The Witness and Exhibit List is attached hereto as Exhibit “B.”
4. The undersigned firm made the strategic decision to not depose Mr.
Jonathan Weiner, as it had previously deposed him in a similar case.
5. On June 26, 2017, at 3:24 PM, less than 48 hours before the trial, the
Plaintiff provided the HOMEOWNER’s counsel with an Amended Witness List, naming
Ms. Sandra I. Prestia as the corporate representative it intended to call as witness at
trial. The Amended Witness and Exhibit List is attached hereto as Exhibit “C,” and the
email providing the Amended Witness and Exhibit List is attached hereto as Exhibit “D.”
6. This last minute substitution of the trial witness is in direct violation of the
Order Setting Non-Jury Trial entered on January 11, 2016.
7. Florida Statute § 90.403 states that relevant evidence is to be excluded
when its probative value is substantially outweighed by danger of unfair prejudice. The
case at hand is the reason for the passage of this statute.
8. As stated by the Florida Supreme Court, in certain situations the testimony
of an undisclosed witness may present unfair surprise and prejudice. Binger v. King
Pest Control, 401 So. 2d 1310 (Fla. 1981).
9. As stated by the Fourth District Court of Appeals, “[o]nce the trial starts the
parties' attorneys should be allowed to concentrate on the presentation of the evidence
at hand. Neither side should be required to engage in frantic discovery to avoid being
prejudiced by the intentional tactics of the other party.” Grau v. Branham, 626 So. 2d
1059 (Fla. 4th DCA 1993).
2
THE TICKTIN LAW GROUP, P.A.
600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE; (954) 570-675710. The Plaintiff's actions of willfully concealing evidence and witnesses in this
case, evidenced by their initial disclosure of such evidence during the trial as a tactic of
surprise and prejudice, is tantamount to a trial by ambush, and in contradiction to the
requirements of due process and fundamental fairness.
11. For this Court to properly evaluate this case, a careful review of the
following factors has been established by the Florida Supreme Court, in order to
properly decide whether to allow an undisclosed witness to testify in contradiction to a
valid pretrial order. The factors include:
(i) the objecting party's ability to cure the prejudice or, similarly, his
independent knowledge of the existence of the witness;
(ii) the calling party's possible intentional, or bad faith, noncompliance with
the pretrial order; and
(iii) the possible disruption of the orderly and efficient trial of the case (or
other cases). Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981).
12. In the case at hand, the OWNER, as the objecting party, has no ability to
cure the prejudice, and has no independent knowledge of the testimony of the Plaintiff's
witness.
13. Specifically, the Florida Supreme Court stated that a party is in fact
prejudiced when they have no familiarity with the witness or the exhibits. Tallahassee
Housing Authority v. Fla. Unemployment Appeals Commission, 483 So, 2d 413 (Fla.
1986).
3
THE TICKTIN LAW Group, P.A.
600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE: (954) 570-675714. Failure to properly list a witness in compliance with the pretrial order “may
properly be considered by the trial court as a failure to “list” the witness.” Florida Marine
Enterprises v. Bailey, 632 So. 2d 649, 652 (Fla. 4th DCA 1994).
15. Addressing the second factor, the Plaintiff's actions are not in compliance
with the pretrial order as the Plaintiff failed to provide the name of its actual trial
witnesses it intends to use at trial.
16. As to the third factor, the Court’s already congested docket has now been
further taxed by the delay caused by these actions, and is further affecting all other
cases currently scheduled for this trial period and beyond.
17. Additionally, the Plaintiff has failed to meet the requisite burden of
providing a legal justification for their non-compliance with the Court's pretrial order, or
providing any evidence that the provisions of the pretrial order were invalid. See
SouthStar Equity, LLC. v. Lai Chau, 998 So. 2d 625 (Fla. 2d DCA 2008) (affirming lower
court’s exclusion of previously undisclosed witness).
18. The Fourth District Court of Appeal dealt with a case on point, in which
that court upheld the trial court's decision to strike the bank's witness and involuntarily
dismiss the bank's foreclosure action without prejudice, based on the bank's provision
of the witness’ name only five days prior to trial. HSBC Bank Mortg. Corp. United States
v. Lees, 201 So, 3d 699 (Fla. 4" DCA 2016).
19. Similar to the case at hand, that Court was being asked to rely primarily on
the testimony presented by the witness as the party's main piece of evidence. /d.
4
Tue TICKTIN LAW Group, P.A.
600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE: (954) 570-675720. The Court went on to state that the actions of the non-disclosing party
unduly prejudiced the outcome and affected the fairness of the proceeding by creating a
trial by ambush. /d.
21. The Fourth District Court of Appeal held that the bank’s failure to disclose
its witnesses in a mannaer that was in compliance with the pre-trial order consistuted
surprise in fact, that, under the facts of the case, prejudiced the homeowner. /d.
22. Applying all of the aforementioned principles to the case at hand, this
Court would be committing reversible error should it abuse its discretion by allowing the
Plaintiff's non-compliance with the Court's Order Setting Non-jury Trial to stand.
23. Based on these provisions, the actions of the Plaintiff in attempting to
introduce a witness in contradiction to the Court’s Order Setting Non-jury Trial constitute
a surprise sufficient to prejudice the HOMEOWNER, and the Court has no basis to
conclude that use of the undisclosed witnesses would “not substantially endanger the
fairness of the proceeding.” Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla.
1981).
WHEREFORE, the Defendant, HELENA CHEW a/k/a HELENA S. CHEW,
respectfully requests that this Honorable Court strike the Plaintiff's Witness, dismiss the
case with prejudice for the acts of the Plaintiff in accordance with Fla. R. Civ. P 1.380,
award the Defendant reasonable attorneys’ fees and costs, and any other such remedy
as the Court deems just and proper.
5
‘THE TICKTIN LAW Group, P.A.
600 WEST HILLS80RO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE: (954) 570-6757DESIGNATION OF EMAIL ADDRESS(ES) FOR SERVICE
(Pursuant to Rule 2.516 Fla. R. Jud. Admin.)
The undersigned attorneys of The Ticktin Law Group, P.A., hereby designate the
following Email Address(es) for service in the above styled matter. Service shall be
complete upon emailing to the following email address(es) in this Designation, provided
that the provisions of Rule 2.516 are followed.
Serv533@LegalBrains.com
SERVICE IS TO BE MADE TO EACH AND EVERY EMAIL ADDRESS
LISTED IN THIS DESIGNATION AND TO NO OTHERS.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
emailed this 27th day of June 2017, to MOLLY E. CAREY, ESQUIRE,
ServiceFL@mlg-defaultlaw.com, ServiceFL2@mlg-defaultlaw.com, Marinosci Law
Group, P.A., Attorneys for the Plaintiff, 100 West Cypress Road, Suite 1045, Fort
Lauderdale, Florida 33309.
THE TICKTIN LAW GROUP, P.A.
270 SW Natura Avenue,
Deerfield Beach, Florida 33441-1610
Telephone: (954) 570-6757
/s/ Samuel A. Korab
SAMUEL A. KORAB
Florida Bar No. 126600
Our Matter No.: 15-1036
6
THE TICKTIN LAW Group, P.A.
600 WEST HiLLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
TELEPHONE: (954) 570-67577
THE TICKTIN LAW GrouP, P.A.
600 WesT HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610
‘TELEPHONE: (954) 570-6757EXHIBIT AIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE15013647
Bank of America N.A
Plaintiff,
ve
Helena Chew
Defendants.
ORDER SETTING NON-JURY FORECLOSURE TRIAL AND PRETRIAL PROCEDURES
THIS COURT, having reviewed the above-styled cause and finding this case is at issue, the
matter is set for trial as follows:
ORDERED AND ADJUDGED
This action is hereby set for trial on the Court's trial docket in Room 518 at:
06-28-2017 9:00 AM
It is hereby ordered that Plaintiff counsel shall serve a copy of this order on all parties, no less
than forty five (45) days prior to the commencement of the trial date. At the time of trial Plaintiff's
counsel shall file a certificate that all parties were served with a copy of this order.
It is further ORDERED no less than thirty (30) days prior to the commencement of the trial,
unless provided notice in court, the parties shall file and serve:
A Witness and Exhibit List(s) of all witnesses expected to testify and any documents which may
be offered in evidence at trial. Any party in advance of the trial date shall make all exhibits available for
viewing.
All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings
related thereto shall have been completed. Attorneys are admonished to undertake, initiate, and/orcomplete all discovery in such a manner as to comply with the time limitations set forth herein.
No further discovery or depositions for preservation of testimony shall be allowed absent
agreement of counsel or order of the Court.
The Court requires strict compliance with the terms of this order. FAILURE TO COMPLY
WITH THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT, STRIKING OF PLEADINGS,
ENTRY OF A JUDGMENT AGAINST ANY PARTY, OR OTHER APPROPRIATE SANCTIONS.
CONTINUANCES SHALL NOT BE GRANTED ABSENT GOOD CAUSE SHOWN.
DONE AND ORDERED at Fort Lauderdale, Broward County, Florida this 01-11-2017 9:27 AM
Copies furnished to counsel of record Aer Wek —
Circuit Judge
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Diana Sobel, Room 470, 201 S.E. Sixth Street, Fort
Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call
711.EXHIBIT BFiling # 53124325 E-Filed 03/01/2017 11:01:10 AM
IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE15013647
BANK OF AMERICA, N.A,;
Plaintiff,
vs.
HELENA CHEW, et al.
Defendants.
3S AND EXHIBIT LIST
COMES NOW, the Plaintiff, BANK OF AMERICA, N.A,, by and through its undersigned
counsel, hereby files its Witness and Exhibit List as to the Non-Jury Trial set for June 28, 2017:
WITNESSES: _ Plaintiff reserves the right to call the following witnesses:
a). Corporate representative of Plaintiff's servicer, with the most personal knowledge as to
verification of the business records of the subject loan, including the Note and Mortgage,
payment history, breach letter, other documents pertaining to this loan, as well as standing and
capacity, and the amounts due and owing, and other matters relating to the subject loan default
or in response to defenses, as necessary;
Joanthan Weiner
Bank of America, NA
6650 N. State Road, 7
Parkland, FL 33073
b). All defendants;
c). Any and all witnesses who have been deposed or noticed or subpoenaed for deposition;
d). Without waiving objections, any witnesses that may be listed by defendants
EXHIBITS: Plaintiff reserves the right to introduce the following documents:
a) the original Note or copy thereof;
b) the original Mortgage or copy thereof;
c) acopy of the Assignment of Mortgage, if applicable;
d) loan payment history;
e) loan origination file;
f) Pooling and Servicing Agreement, if applicable;
MLG 15-05807g) Mortgage modification or other agreements, if applicable;
h) any and all communications between the parties;
i) any and all servicing records; including, but not limited to, any and all screenshots of electronic
records maintained by any and all servicers and sub-servicers;
j) any and all documents produced in discovery or noticed to be produced at trial by any party;
k) without waiving any objections, any and all affidavits filed in this case by any party;
1) any documents attached to any pleading, motion, notice, deposition, affidavit or other papers in
the case;
m)
any and all documents evidencing the merger, acquisition, and/or name change of the original
lender, the servicer(s), the sub-servicer(s) and/or any/all successors in interest to same, if
applicable;
n) without waiving any objections, all documents listed by defendants as exhibits.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing emailed and/or mailed this
leh day of March, 2017 to parties listed below.
Geovanni J. Denis, Esq.
Counsel for Helena Chew
600 West Hillsboro Boulevard, Suite 220
ich, FL 33441
Deerfield’Bea
Hlegalt m
LSBSCley,
Wai Ling Chew
1040 NW 108" Avenue
Plantation, FL 33322
MLG 15-05807
Unknown Tenant #1 NKA Bobo Chew
1040 NW 108" Avenue
Plantation, FL 33322
Marinosci Law Group, P.C.
100 West Cypress Creek Rd., Suite 1045
Fort Lauderdale, FL 33309
Phone: (954)-644-8704; Fax (954)-772-9601
vo
n Gregg Dreilinger, Esq. Sassi
&fiart T. Heffernan, Esq. FBN 353949
if Donna Evertz, Esq. FBN 19232
o Andrew Arias, Esq. FBN 89501EXHIBIT CIN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE15013647
BANK OF AMERICA, N.A.;
Plaintiff,
vs.
HELENA CHEW, et al.
Defendants.
COMES NOW, the Plaintiff, BANK OF AMERICA, N.A., by and through its
undersigned counsel, hereby files its Amended Witness List as to the Non-Jury Trial set for June
28, 2017:
WITNESSES: Plaintiff reserves the right to call the following witnesses:
a). Corporate representative of Plaintiffs servicer, with the most personal knowledge as to
verification of the business records of the subject loan, including the Note and Mortgage,
payment history, breach letter, other documents pertaining to this loan, as well as
standing and capacity, and the amounts due and owing, and other matters relating to
the subject loan default or in response to defenses, as necessary;
Sandra J. Prestia
Bank of America, NA
2000 W. Glades Road
Boca Raton, FL 33431
b). All defendants;
c). Any and all witnesses who have been deposed or noticed or subpoenaed for deposition;
d). Without waiving objections, any witnesses that may be listed by defendants
THIS SPACE LEFT BLANK INTENTIONALLY
MLG 15-05807CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing emailed and/or mailed
this Qlalh _ day of June, 2017 to parties listed below.
Samuel Aaron Korab, Esq.
Counsel for Helena Chew
600 West Hillsboro Boulevard, Suite 220
Deerfield Beach, FL 33441
Serv533@legalbrains.com
Wai Ling Chew
1040 NW 108 Avenue
Plantation, FL 33322
Unknown Tenant #1 NKA Bobo Chew
1040 NW 108 Avenue
Plantation, FL 33322
MLG 15-05807
Marinosci Law Group, P.C.
100 West Cypress Creek Rd., Suite 1045
Fort Lauderdale, FL 33309
Phone: (954)-644-8704; Fax (954)-772-9601
servicefl@mlg-defaultlaw.com
servicefl2@mlg-defaultlaw.com
Thin ois,
As wail
rege, Dreifinger, I iq. an 0025615
ce
o Bart T. Heffernan, Esq. FBN 353949
Donna Evertz, Esq. FBN 19232
a Andrew Arias, Esq. FBN 89501
co Michael T. Gelety, Esq. FBN 52125EXHIBIT DSamuel A. Korab
From: Danyelle Broadnax [dbroadnax@mlg-defaultlaw.com]
Sent: Monday, June 26, 2017 3:24 PM
To Serv533
Ce: Danyelle Broadnax
Subject: SERVICE OF COURT DOCUMENT - CACE15013647
Attachments: Chew Amended Witness List 6-28-17.pdf
Hello,
Attached, please find Plaintiff's Amended Witness List filed in the case of Bank of America, N.A. vs. Helena
Chew, CACE15013647, in the Circuit Court.
Should you have any questions or concerns, you may contact our office for assistance.
Thank you,
Danyelle D. Broadnax, Legal Assistant
Contested Trial Prep Assistant
Marinosci Law Group, PC
100 W. Cypress Creek Road, Suite 1045
Ft. Lauderdale, FL 33309
Tel: 954-644-8704
Email: dbroadnax@mig-defaultlaw.com
Federal law requires us to advise you that a communication with our office could be interpreted as an attempt to collect a
debt and that any information obtained will be used for that purpose.
CONFIDENTIALITY NOTICE:
This e-mail and the documents accompanying this transmission contain confidential information belonging to the sender
which is legally privileged. The information is intended only for the use of the individuals or entities named above. If you
are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action
in reliance on the contents of this e-mailed information is strictly prohibited. If you have received this e-mail in error,
please immediately notify the sender by e-mail at the address above. The transmission is to be deleted and any items that
may have been printed are to be destroyed. Thank you for your compliance.
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Filing # 58335406 E-Filed 06/27/2017 04:35:22 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE 15-013647(11) BANK OF AMERICAN, N.A., Plaintiff, V. HELENA CHEW a/k/a HELENA S CHEW, et al., Defendant. / MOTION TO STRIKE TRIAL WITNESS The Defendant, HELENA CHEW a/k/a HELENA S. CHEW (hereinafter referred to as the “HOMEOWNER’) by and through her undersigned counsel, hereby files this Motion to Strike Trial Witness, and in support states as follows: le On January 11, 2017, this Court entered an Order Setting Non-Jury Trial. A copy of the Order is attached hereto as Exhibit “A.” 2. The Order Setting Non-Jury Trial included the following: “It is further ORDERED no less than thirty (30) days prior to the commencement of the trial, unless provided notice in court, the parties shalle file and serve: A Witness and Exhibit List(s) of all witnesses expected to testify and any documents which may be offered in evidence at trial. Any party in advance of the trial date shall make all exhibits available for viewing.” THE TICKTIN LAW GRowpP, P.A, 600 West HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE: (954) 570-6757 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/27/2017 4:35:22 PM.****3. The Plaintiff served its Witness and Exhibit List on March 1, 2017, and listed Jonathan Weiner as the corporate representative it intended to call as a witness at trial. The Witness and Exhibit List is attached hereto as Exhibit “B.” 4. The undersigned firm made the strategic decision to not depose Mr. Jonathan Weiner, as it had previously deposed him in a similar case. 5. On June 26, 2017, at 3:24 PM, less than 48 hours before the trial, the Plaintiff provided the HOMEOWNER’s counsel with an Amended Witness List, naming Ms. Sandra I. Prestia as the corporate representative it intended to call as witness at trial. The Amended Witness and Exhibit List is attached hereto as Exhibit “C,” and the email providing the Amended Witness and Exhibit List is attached hereto as Exhibit “D.” 6. This last minute substitution of the trial witness is in direct violation of the Order Setting Non-Jury Trial entered on January 11, 2016. 7. Florida Statute § 90.403 states that relevant evidence is to be excluded when its probative value is substantially outweighed by danger of unfair prejudice. The case at hand is the reason for the passage of this statute. 8. As stated by the Florida Supreme Court, in certain situations the testimony of an undisclosed witness may present unfair surprise and prejudice. Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981). 9. As stated by the Fourth District Court of Appeals, “[o]nce the trial starts the parties' attorneys should be allowed to concentrate on the presentation of the evidence at hand. Neither side should be required to engage in frantic discovery to avoid being prejudiced by the intentional tactics of the other party.” Grau v. Branham, 626 So. 2d 1059 (Fla. 4th DCA 1993). 2 THE TICKTIN LAW GROUP, P.A. 600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE; (954) 570-675710. The Plaintiff's actions of willfully concealing evidence and witnesses in this case, evidenced by their initial disclosure of such evidence during the trial as a tactic of surprise and prejudice, is tantamount to a trial by ambush, and in contradiction to the requirements of due process and fundamental fairness. 11. For this Court to properly evaluate this case, a careful review of the following factors has been established by the Florida Supreme Court, in order to properly decide whether to allow an undisclosed witness to testify in contradiction to a valid pretrial order. The factors include: (i) the objecting party's ability to cure the prejudice or, similarly, his independent knowledge of the existence of the witness; (ii) the calling party's possible intentional, or bad faith, noncompliance with the pretrial order; and (iii) the possible disruption of the orderly and efficient trial of the case (or other cases). Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981). 12. In the case at hand, the OWNER, as the objecting party, has no ability to cure the prejudice, and has no independent knowledge of the testimony of the Plaintiff's witness. 13. Specifically, the Florida Supreme Court stated that a party is in fact prejudiced when they have no familiarity with the witness or the exhibits. Tallahassee Housing Authority v. Fla. Unemployment Appeals Commission, 483 So, 2d 413 (Fla. 1986). 3 THE TICKTIN LAW Group, P.A. 600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE: (954) 570-675714. Failure to properly list a witness in compliance with the pretrial order “may properly be considered by the trial court as a failure to “list” the witness.” Florida Marine Enterprises v. Bailey, 632 So. 2d 649, 652 (Fla. 4th DCA 1994). 15. Addressing the second factor, the Plaintiff's actions are not in compliance with the pretrial order as the Plaintiff failed to provide the name of its actual trial witnesses it intends to use at trial. 16. As to the third factor, the Court’s already congested docket has now been further taxed by the delay caused by these actions, and is further affecting all other cases currently scheduled for this trial period and beyond. 17. Additionally, the Plaintiff has failed to meet the requisite burden of providing a legal justification for their non-compliance with the Court's pretrial order, or providing any evidence that the provisions of the pretrial order were invalid. See SouthStar Equity, LLC. v. Lai Chau, 998 So. 2d 625 (Fla. 2d DCA 2008) (affirming lower court’s exclusion of previously undisclosed witness). 18. The Fourth District Court of Appeal dealt with a case on point, in which that court upheld the trial court's decision to strike the bank's witness and involuntarily dismiss the bank's foreclosure action without prejudice, based on the bank's provision of the witness’ name only five days prior to trial. HSBC Bank Mortg. Corp. United States v. Lees, 201 So, 3d 699 (Fla. 4" DCA 2016). 19. Similar to the case at hand, that Court was being asked to rely primarily on the testimony presented by the witness as the party's main piece of evidence. /d. 4 Tue TICKTIN LAW Group, P.A. 600 WEST HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE: (954) 570-675720. The Court went on to state that the actions of the non-disclosing party unduly prejudiced the outcome and affected the fairness of the proceeding by creating a trial by ambush. /d. 21. The Fourth District Court of Appeal held that the bank’s failure to disclose its witnesses in a mannaer that was in compliance with the pre-trial order consistuted surprise in fact, that, under the facts of the case, prejudiced the homeowner. /d. 22. Applying all of the aforementioned principles to the case at hand, this Court would be committing reversible error should it abuse its discretion by allowing the Plaintiff's non-compliance with the Court's Order Setting Non-jury Trial to stand. 23. Based on these provisions, the actions of the Plaintiff in attempting to introduce a witness in contradiction to the Court’s Order Setting Non-jury Trial constitute a surprise sufficient to prejudice the HOMEOWNER, and the Court has no basis to conclude that use of the undisclosed witnesses would “not substantially endanger the fairness of the proceeding.” Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981). WHEREFORE, the Defendant, HELENA CHEW a/k/a HELENA S. CHEW, respectfully requests that this Honorable Court strike the Plaintiff's Witness, dismiss the case with prejudice for the acts of the Plaintiff in accordance with Fla. R. Civ. P 1.380, award the Defendant reasonable attorneys’ fees and costs, and any other such remedy as the Court deems just and proper. 5 ‘THE TICKTIN LAW Group, P.A. 600 WEST HILLS80RO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE: (954) 570-6757DESIGNATION OF EMAIL ADDRESS(ES) FOR SERVICE (Pursuant to Rule 2.516 Fla. R. Jud. Admin.) The undersigned attorneys of The Ticktin Law Group, P.A., hereby designate the following Email Address(es) for service in the above styled matter. Service shall be complete upon emailing to the following email address(es) in this Designation, provided that the provisions of Rule 2.516 are followed. Serv533@LegalBrains.com SERVICE IS TO BE MADE TO EACH AND EVERY EMAIL ADDRESS LISTED IN THIS DESIGNATION AND TO NO OTHERS. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been emailed this 27th day of June 2017, to MOLLY E. CAREY, ESQUIRE, ServiceFL@mlg-defaultlaw.com, ServiceFL2@mlg-defaultlaw.com, Marinosci Law Group, P.A., Attorneys for the Plaintiff, 100 West Cypress Road, Suite 1045, Fort Lauderdale, Florida 33309. THE TICKTIN LAW GROUP, P.A. 270 SW Natura Avenue, Deerfield Beach, Florida 33441-1610 Telephone: (954) 570-6757 /s/ Samuel A. Korab SAMUEL A. KORAB Florida Bar No. 126600 Our Matter No.: 15-1036 6 THE TICKTIN LAW Group, P.A. 600 WEST HiLLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 TELEPHONE: (954) 570-67577 THE TICKTIN LAW GrouP, P.A. 600 WesT HILLSBORO BOULEVARD, SUITE 220, DEERFIELD BEACH, FLORIDA 33441-1610 ‘TELEPHONE: (954) 570-6757EXHIBIT AIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE15013647 Bank of America N.A Plaintiff, ve Helena Chew Defendants. ORDER SETTING NON-JURY FORECLOSURE TRIAL AND PRETRIAL PROCEDURES THIS COURT, having reviewed the above-styled cause and finding this case is at issue, the matter is set for trial as follows: ORDERED AND ADJUDGED This action is hereby set for trial on the Court's trial docket in Room 518 at: 06-28-2017 9:00 AM It is hereby ordered that Plaintiff counsel shall serve a copy of this order on all parties, no less than forty five (45) days prior to the commencement of the trial date. At the time of trial Plaintiff's counsel shall file a certificate that all parties were served with a copy of this order. It is further ORDERED no less than thirty (30) days prior to the commencement of the trial, unless provided notice in court, the parties shall file and serve: A Witness and Exhibit List(s) of all witnesses expected to testify and any documents which may be offered in evidence at trial. Any party in advance of the trial date shall make all exhibits available for viewing. All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings related thereto shall have been completed. Attorneys are admonished to undertake, initiate, and/orcomplete all discovery in such a manner as to comply with the time limitations set forth herein. No further discovery or depositions for preservation of testimony shall be allowed absent agreement of counsel or order of the Court. The Court requires strict compliance with the terms of this order. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT, STRIKING OF PLEADINGS, ENTRY OF A JUDGMENT AGAINST ANY PARTY, OR OTHER APPROPRIATE SANCTIONS. CONTINUANCES SHALL NOT BE GRANTED ABSENT GOOD CAUSE SHOWN. DONE AND ORDERED at Fort Lauderdale, Broward County, Florida this 01-11-2017 9:27 AM Copies furnished to counsel of record Aer Wek — Circuit Judge If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Diana Sobel, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.EXHIBIT BFiling # 53124325 E-Filed 03/01/2017 11:01:10 AM IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE15013647 BANK OF AMERICA, N.A,; Plaintiff, vs. HELENA CHEW, et al. Defendants. 3S AND EXHIBIT LIST COMES NOW, the Plaintiff, BANK OF AMERICA, N.A,, by and through its undersigned counsel, hereby files its Witness and Exhibit List as to the Non-Jury Trial set for June 28, 2017: WITNESSES: _ Plaintiff reserves the right to call the following witnesses: a). Corporate representative of Plaintiff's servicer, with the most personal knowledge as to verification of the business records of the subject loan, including the Note and Mortgage, payment history, breach letter, other documents pertaining to this loan, as well as standing and capacity, and the amounts due and owing, and other matters relating to the subject loan default or in response to defenses, as necessary; Joanthan Weiner Bank of America, NA 6650 N. State Road, 7 Parkland, FL 33073 b). All defendants; c). Any and all witnesses who have been deposed or noticed or subpoenaed for deposition; d). Without waiving objections, any witnesses that may be listed by defendants EXHIBITS: Plaintiff reserves the right to introduce the following documents: a) the original Note or copy thereof; b) the original Mortgage or copy thereof; c) acopy of the Assignment of Mortgage, if applicable; d) loan payment history; e) loan origination file; f) Pooling and Servicing Agreement, if applicable; MLG 15-05807g) Mortgage modification or other agreements, if applicable; h) any and all communications between the parties; i) any and all servicing records; including, but not limited to, any and all screenshots of electronic records maintained by any and all servicers and sub-servicers; j) any and all documents produced in discovery or noticed to be produced at trial by any party; k) without waiving any objections, any and all affidavits filed in this case by any party; 1) any documents attached to any pleading, motion, notice, deposition, affidavit or other papers in the case; m) any and all documents evidencing the merger, acquisition, and/or name change of the original lender, the servicer(s), the sub-servicer(s) and/or any/all successors in interest to same, if applicable; n) without waiving any objections, all documents listed by defendants as exhibits. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing emailed and/or mailed this leh day of March, 2017 to parties listed below. Geovanni J. Denis, Esq. Counsel for Helena Chew 600 West Hillsboro Boulevard, Suite 220 ich, FL 33441 Deerfield’Bea Hlegalt m LSBSCley, Wai Ling Chew 1040 NW 108" Avenue Plantation, FL 33322 MLG 15-05807 Unknown Tenant #1 NKA Bobo Chew 1040 NW 108" Avenue Plantation, FL 33322 Marinosci Law Group, P.C. 100 West Cypress Creek Rd., Suite 1045 Fort Lauderdale, FL 33309 Phone: (954)-644-8704; Fax (954)-772-9601 vo n Gregg Dreilinger, Esq. Sassi &fiart T. Heffernan, Esq. FBN 353949 if Donna Evertz, Esq. FBN 19232 o Andrew Arias, Esq. FBN 89501EXHIBIT CIN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE15013647 BANK OF AMERICA, N.A.; Plaintiff, vs. HELENA CHEW, et al. Defendants. COMES NOW, the Plaintiff, BANK OF AMERICA, N.A., by and through its undersigned counsel, hereby files its Amended Witness List as to the Non-Jury Trial set for June 28, 2017: WITNESSES: Plaintiff reserves the right to call the following witnesses: a). Corporate representative of Plaintiffs servicer, with the most personal knowledge as to verification of the business records of the subject loan, including the Note and Mortgage, payment history, breach letter, other documents pertaining to this loan, as well as standing and capacity, and the amounts due and owing, and other matters relating to the subject loan default or in response to defenses, as necessary; Sandra J. Prestia Bank of America, NA 2000 W. Glades Road Boca Raton, FL 33431 b). All defendants; c). Any and all witnesses who have been deposed or noticed or subpoenaed for deposition; d). Without waiving objections, any witnesses that may be listed by defendants THIS SPACE LEFT BLANK INTENTIONALLY MLG 15-05807CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing emailed and/or mailed this Qlalh _ day of June, 2017 to parties listed below. Samuel Aaron Korab, Esq. Counsel for Helena Chew 600 West Hillsboro Boulevard, Suite 220 Deerfield Beach, FL 33441 Serv533@legalbrains.com Wai Ling Chew 1040 NW 108 Avenue Plantation, FL 33322 Unknown Tenant #1 NKA Bobo Chew 1040 NW 108 Avenue Plantation, FL 33322 MLG 15-05807 Marinosci Law Group, P.C. 100 West Cypress Creek Rd., Suite 1045 Fort Lauderdale, FL 33309 Phone: (954)-644-8704; Fax (954)-772-9601 servicefl@mlg-defaultlaw.com servicefl2@mlg-defaultlaw.com Thin ois, As wail rege, Dreifinger, I iq. an 0025615 ce o Bart T. Heffernan, Esq. FBN 353949 Donna Evertz, Esq. FBN 19232 a Andrew Arias, Esq. FBN 89501 co Michael T. Gelety, Esq. FBN 52125EXHIBIT DSamuel A. Korab From: Danyelle Broadnax [dbroadnax@mlg-defaultlaw.com] Sent: Monday, June 26, 2017 3:24 PM To Serv533 Ce: Danyelle Broadnax Subject: SERVICE OF COURT DOCUMENT - CACE15013647 Attachments: Chew Amended Witness List 6-28-17.pdf Hello, Attached, please find Plaintiff's Amended Witness List filed in the case of Bank of America, N.A. vs. Helena Chew, CACE15013647, in the Circuit Court. Should you have any questions or concerns, you may contact our office for assistance. Thank you, Danyelle D. Broadnax, Legal Assistant Contested Trial Prep Assistant Marinosci Law Group, PC 100 W. Cypress Creek Road, Suite 1045 Ft. Lauderdale, FL 33309 Tel: 954-644-8704 Email: dbroadnax@mig-defaultlaw.com Federal law requires us to advise you that a communication with our office could be interpreted as an attempt to collect a debt and that any information obtained will be used for that purpose. 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