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Filing # 55045646 E-Filed 04/13/2017 02:05:24 PM
IN THE CIRCUIT COURT, OF THE 17™
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-14-016655 DIV. 02
DEBRA HINES,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.
a Florida Corporation,
Defendant.
/
DEFENDANT’S MOTION IN LIMINE
Hears: tatements from estoration
COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, by and through its undersigned attorneys, and files this Motion in
Limine seeking to prevent testimony or evidence regarding prior retention of Plaintiff's experts
by counsel for the Defendant and in support thereof states the following:
1, A motion in limine is to prevent the jury from hearing or seeing matters that are
irrelevant and prejudicial. Buy-Low Save Centers v. Gilbert, 547 So. 2d 1283, 1284 (Fla. 4th
DCA 1989).
2. “A motion in limine is especially appropriate when addressed to evidence which
will be highly prejudicial to the moving party and which, if referred to in a question which the
court rules inadmissible, would be unlikely to be disregarded by the jury despite an instruction
by the court to do so.” Fischman vy. Suen, 672 So. 2d 644, 645 (Fla. 4th DCA 1996). See also
Ehrhardt, Florida Evidence § 104.5 (1995 Ed.).
3. This lawsuit concerns a claim for sinkhole loss to a building which was denied by
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/13/2017 2:05:24 PM.****Defendant. The issue in dispute is the presence or absence of a sinkhole loss.
4. During her first deposition, the Plaintiff testified as follows:
8 Q. Do you recall any conversations with
9 anyone from FIRE or Mr. Green specifically about the
10 cracking you noticed, the cracking damage?
11 A. I didn't have any conversations with them
12 but my husband did.
See Transcript of September 23, 2015 deposition attached hereto as Exhibit 1, Page 29.
5. Prior to her second deposition, the Plaintiff reviewed her deposition transcript and
completed an errata sheet. No changes were indicated to this testimony. See Errata Sheet
attached hereto as Exhibit 2.
6. During her second deposition, the Plaintiff testified as follows:
9 Q. Okay.: Has anybody apart from your attorneys
10 told you that the damage is due to sink hole activity?
11 A. Anyone besides my attorney?
12 Q. Yes.
13 A. Yes.
14 Q. Okay, who?
15 A. This was prior to the claim and this was Fire
16 Restoration.
17 Q. Okay, we already talked about that in your
18 deposition.
19 A. Okay, well since that time, no.
See Transcript of February 20, 2017 deposition attached hereto as Exhibit 3, Page 23.
7. Defendant anticipates that Plaintiff may testify unsolicited that Tim Green or
other unnamed persons affiliated with FIRE Restoration informed her (or her husband) that the
damage to her property was due to sinkhole activity while they were performing repairs related
to a different loss. This hearsay testimony should not be permitted to be presented to jury by Ms.
Hines and contemporaneous objection by the Defendant and an instruction from the court to
disregard the testimony will not be sufficient to “unring the bell” once such testimony is heard bythe jury.
8. The Defendant seeks an Order precluding any testimony from Ms. Hines
regarding alleged statements made to her by Tim Green and/or FIRE Restoration.
WHEREFORE, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, respectfully requests that this Honorable Court grant its Motion to
preclude the Plaintiff providing testimony regarding hearsay statements from Tim Green or FIRE
Restoration, and for all further or alternative relief this Court deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and
Morgan Barfield at Service@corlessbarfield.com on this 13" day of April, 2017.
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte@gspalaw.com
Tif T Leder
ROBERT T. SCHULTE, ESQ.
HCP.14211 FBN: 88819
By:10
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1s
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29
A. No. Actually, you know, with this being
the first incident of this sort, my husband really
didn't understand what was going on, and he didn't
realize. And like I said, that was a lot of his
stress. He didn't realize he had actually signed a
contract stating that he gave them power of attorney
for everything.
Q. Do you recall any conversations with
anyone from FIRE or Mr. Green specifically about the
cracking you noticed, the cracking damage?
A. I didn't have any conversations with them
but my husband did.
Q. And do you know any specifics or any
details?
A. No.
Q. When the public adjuster and the insurance
adjuster went out there, did they point out any
damage to you that you had not noticed?
A. Well, the first, because I didn't go out
there until the first time the adjuster. So that's
when I was able to see everything on that side of
the wall. I'm not an outdoor person. I don't go
outside; from my car to the inside.
Q. No barbecues or anything outside?
A. Very seldom. It would have to be a crowd
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ERRATA SHEET
DO NOT WRITE ON TRANSCRIPT
ENTER CHANGES ON THIS PAGE
DEBRA HINES V. HOMEOWNERS CHOICE
IN RE:
7 DEBRA HINES
September 23rd, 2015
U.S. LEGAL JOB NO. 1315256 -
PAGE LINE CHANGE REASON +
4 i3 Five: Dake, Wfaor)
4 ay : H/2oll
lo #3 Name, MWkeva.
Lt) Meine thee Miaae Ey
df ¥ left Side, lig side)
ar d4
20/2. golf
30. 4 Jott sidy hight ade
3l GG loft side right side
2 gy lott side right side,
Under penalties of perjury, I declare that I have
read the foregoing document and that the facts
stated in it are true.
ofeolaay
Date Signature of Witness
WW. USLEGALSUPPORT . COM
EXHIBIT
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Debra Hines Vol I
February 20, 2017 23
Q. Okay, and if you're there, you're aware that
you're not supposed to talk to them?
A. Yes.
Q. Pursuant to what your attorney told you?
A. Yes.
Q. All right, and you're going to follow that
instruction?
A. Absolutely.
Q. Okay. Has anybody apart from your attorneys
told you that the damage is due to sink hole activity?
A. Anyone besides my attorney?
Q Yes.
A Yes.
Q. Okay, who?
A This was prior to the claim and this was Fire
Restoration.
Q. Okay, we already talked about that in your
deposition.
A. Okay, well since that time, no.
Q. Okay, nobody has told you that?
A. No.
Q. Has anybody told you that the damage is due to
buried organic debris?
A. Since the last deposition, no.
Q. Has anybody told you that the damage is caused
U.S. LEGAL SUPPORT
(954) 463-2933 EXHIBIT
3
Preview
Filing # 55045646 E-Filed 04/13/2017 02:05:24 PM IN THE CIRCUIT COURT, OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-14-016655 DIV. 02 DEBRA HINES, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. a Florida Corporation, Defendant. / DEFENDANT’S MOTION IN LIMINE Hears: tatements from estoration COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, by and through its undersigned attorneys, and files this Motion in Limine seeking to prevent testimony or evidence regarding prior retention of Plaintiff's experts by counsel for the Defendant and in support thereof states the following: 1, A motion in limine is to prevent the jury from hearing or seeing matters that are irrelevant and prejudicial. Buy-Low Save Centers v. Gilbert, 547 So. 2d 1283, 1284 (Fla. 4th DCA 1989). 2. “A motion in limine is especially appropriate when addressed to evidence which will be highly prejudicial to the moving party and which, if referred to in a question which the court rules inadmissible, would be unlikely to be disregarded by the jury despite an instruction by the court to do so.” Fischman vy. Suen, 672 So. 2d 644, 645 (Fla. 4th DCA 1996). See also Ehrhardt, Florida Evidence § 104.5 (1995 Ed.). 3. This lawsuit concerns a claim for sinkhole loss to a building which was denied by *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/13/2017 2:05:24 PM.****Defendant. The issue in dispute is the presence or absence of a sinkhole loss. 4. During her first deposition, the Plaintiff testified as follows: 8 Q. Do you recall any conversations with 9 anyone from FIRE or Mr. Green specifically about the 10 cracking you noticed, the cracking damage? 11 A. I didn't have any conversations with them 12 but my husband did. See Transcript of September 23, 2015 deposition attached hereto as Exhibit 1, Page 29. 5. Prior to her second deposition, the Plaintiff reviewed her deposition transcript and completed an errata sheet. No changes were indicated to this testimony. See Errata Sheet attached hereto as Exhibit 2. 6. During her second deposition, the Plaintiff testified as follows: 9 Q. Okay.: Has anybody apart from your attorneys 10 told you that the damage is due to sink hole activity? 11 A. Anyone besides my attorney? 12 Q. Yes. 13 A. Yes. 14 Q. Okay, who? 15 A. This was prior to the claim and this was Fire 16 Restoration. 17 Q. Okay, we already talked about that in your 18 deposition. 19 A. Okay, well since that time, no. See Transcript of February 20, 2017 deposition attached hereto as Exhibit 3, Page 23. 7. Defendant anticipates that Plaintiff may testify unsolicited that Tim Green or other unnamed persons affiliated with FIRE Restoration informed her (or her husband) that the damage to her property was due to sinkhole activity while they were performing repairs related to a different loss. This hearsay testimony should not be permitted to be presented to jury by Ms. Hines and contemporaneous objection by the Defendant and an instruction from the court to disregard the testimony will not be sufficient to “unring the bell” once such testimony is heard bythe jury. 8. The Defendant seeks an Order precluding any testimony from Ms. Hines regarding alleged statements made to her by Tim Green and/or FIRE Restoration. WHEREFORE, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, respectfully requests that this Honorable Court grant its Motion to preclude the Plaintiff providing testimony regarding hearsay statements from Tim Green or FIRE Restoration, and for all further or alternative relief this Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and Morgan Barfield at Service@corlessbarfield.com on this 13" day of April, 2017. GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte@gspalaw.com Tif T Leder ROBERT T. SCHULTE, ESQ. HCP.14211 FBN: 88819 By:10 11 12 13 14 1s 16 17 18 19 20 ai 22 23 24 29 A. No. Actually, you know, with this being the first incident of this sort, my husband really didn't understand what was going on, and he didn't realize. And like I said, that was a lot of his stress. He didn't realize he had actually signed a contract stating that he gave them power of attorney for everything. Q. Do you recall any conversations with anyone from FIRE or Mr. Green specifically about the cracking you noticed, the cracking damage? A. I didn't have any conversations with them but my husband did. Q. And do you know any specifics or any details? A. No. Q. When the public adjuster and the insurance adjuster went out there, did they point out any damage to you that you had not noticed? A. Well, the first, because I didn't go out there until the first time the adjuster. So that's when I was able to see everything on that side of the wall. I'm not an outdoor person. I don't go outside; from my car to the inside. Q. No barbecues or anything outside? A. Very seldom. It would have to be a crowd WWW . USLEGALSUPPORT .COM EXHIBIT 110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 ERRATA SHEET DO NOT WRITE ON TRANSCRIPT ENTER CHANGES ON THIS PAGE DEBRA HINES V. HOMEOWNERS CHOICE IN RE: 7 DEBRA HINES September 23rd, 2015 U.S. LEGAL JOB NO. 1315256 - PAGE LINE CHANGE REASON + 4 i3 Five: Dake, Wfaor) 4 ay : H/2oll lo #3 Name, MWkeva. Lt) Meine thee Miaae Ey df ¥ left Side, lig side) ar d4 20/2. golf 30. 4 Jott sidy hight ade 3l GG loft side right side 2 gy lott side right side, Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true. ofeolaay Date Signature of Witness WW. USLEGALSUPPORT . COM EXHIBIT 210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Debra Hines Vol I February 20, 2017 23 Q. Okay, and if you're there, you're aware that you're not supposed to talk to them? A. Yes. Q. Pursuant to what your attorney told you? A. Yes. Q. All right, and you're going to follow that instruction? A. Absolutely. Q. Okay. Has anybody apart from your attorneys told you that the damage is due to sink hole activity? A. Anyone besides my attorney? Q Yes. A Yes. Q. Okay, who? A This was prior to the claim and this was Fire Restoration. Q. Okay, we already talked about that in your deposition. A. Okay, well since that time, no. Q. Okay, nobody has told you that? A. No. Q. Has anybody told you that the damage is due to buried organic debris? A. Since the last deposition, no. Q. Has anybody told you that the damage is caused U.S. LEGAL SUPPORT (954) 463-2933 EXHIBIT 3