On August 27, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Hines, Debra,
and
Homeowners Choice Prop & Casualty Ins Co,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing # 51500061 E-Filed 01/23/2017 02:48:33 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 AS TO TESTIMONY OF THE PLAINTIFE
COMES NOW, the Defendant, by and through its undersigned counsel, hereby moves to
limit the testimony of the Plaintiff at trial and states:
1. This matter involves the Plaintiff's claim for a sinkhole loss at the insured
property.
2. The Defendant has moved to limit the issue for trial to whether the loss occurred
as the result of sinkhole activity or the result of organic soils.
3. The Defendant admits that the loss occurred during the policy period and admits
that there the policy was in effect which provided coverage for Sinkhole Loss.
4. This loss was handled exclusively by the Plaintiff's deceased husband and/or her
public adjuster and attorneys.
5. The only purpose for having the Plaintiff testify would be to seek sympathy from
the jury for the Plaintiff, a homeowner whose husband tragically and unfortunately died during
the pendency of this claim.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/23/2017 2:48:33 PM.****6. The Plaintiff can provide absolutely no testimony that would assist the jury in
reaching its determination of whether the loss was caused by sinkhole activity or organic soils.
7. The testimony of the Plaintiff would not be relevant. To the extent any testimony
would be relevant its probative value would be substantially outweighed by the ganger of unfair
prejudice and confusing the issues.
8. To the extent this Court permits the Plaintiff to testify the Defendant seeks an
Order limiting the testimony to that which the Plaintiff can establish relevance before being put
on the witness stand.
WHEREFORE, the Defendant seeks an Order granting this motion.
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(@co icld.com on this 23“ day of January, 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)
rstcourtdocs@gspalaw.com
rschulte@gspalaw.com
Tift 7 Lette
JONATHAN T. HALL, ESQ.
HCP.14211 FBN: 0762601
By:
Document Filed Date
January 23, 2017
Case Filing Date
August 27, 2014
Category
Contract and Indebtedness
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Filing # 51500061 E-Filed 01/23/2017 02:48:33 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 AS TO TESTIMONY OF THE PLAINTIFE COMES NOW, the Defendant, by and through its undersigned counsel, hereby moves to limit the testimony of the Plaintiff at trial and states: 1. This matter involves the Plaintiff's claim for a sinkhole loss at the insured property. 2. The Defendant has moved to limit the issue for trial to whether the loss occurred as the result of sinkhole activity or the result of organic soils. 3. The Defendant admits that the loss occurred during the policy period and admits that there the policy was in effect which provided coverage for Sinkhole Loss. 4. This loss was handled exclusively by the Plaintiff's deceased husband and/or her public adjuster and attorneys. 5. The only purpose for having the Plaintiff testify would be to seek sympathy from the jury for the Plaintiff, a homeowner whose husband tragically and unfortunately died during the pendency of this claim. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/23/2017 2:48:33 PM.****6. The Plaintiff can provide absolutely no testimony that would assist the jury in reaching its determination of whether the loss was caused by sinkhole activity or organic soils. 7. The testimony of the Plaintiff would not be relevant. To the extent any testimony would be relevant its probative value would be substantially outweighed by the ganger of unfair prejudice and confusing the issues. 8. To the extent this Court permits the Plaintiff to testify the Defendant seeks an Order limiting the testimony to that which the Plaintiff can establish relevance before being put on the witness stand. WHEREFORE, the Defendant seeks an Order granting this motion. 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(@co icld.com on this 23“ day of January, 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) rstcourtdocs@gspalaw.com rschulte@gspalaw.com Tift 7 Lette JONATHAN T. HALL, ESQ. HCP.14211 FBN: 0762601 By: