On October 31, 2019 a
Party Notice
was filed
involving a dispute between
Pronman, Daniel,
and
Brett Horowitz Of Law Office Of Brett J Horowitz Pl,
Edward J O'Sheehan Of Shutts & Bowen,
Flowler-White-Gilbert Law Firm,
Foweler-White Law Firm,
John M Ross Of John Ross Pa Law Firm,
John Shahady Of Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert Firm,
Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert Law Firm,
Laurie Thompson Of Zone Law,
Shutts And Bowen,
Styles, Brian,
for Neg - Mass Tort
in the District Court of Broward County.
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Filing # 108534490 E-Filed 06/08/2020 03:04:58 PM
IN THE CIRCUIT COURT FOR THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
DANIEL PRONMAN
an individual,
Plaintiff, Case No: CACE 19-22567 (7)
EDWARD J. O’SHEEHAN of SHUTTS & BOWEN,
LAURIE THOMPSON of ZONE LAW and
FOWLER-WHITE LAW FIRM,
BRETT HOROWITZ, JOHN M. ROSS,
JOHN SHAHADY of KOPELOWITZ, OSTROW,
FERGUSON, WEISELBERG, GILBERT FIRM,
All lawyers and LAW FIRMS
Defendants
/
NOTICE OF FILING A SUPPLEMENTAL AUTHORITY IN SUPPORT OF
PLAINTIFF’S OPPOSITION BRIEF
INTRODUCTION
Due to the limited amount of time available for the hearing on June 3 2020 the Plaintiff
request leave to file this short supplemental authority to clear up some confusion the Defendants
had tried to argue to the court. There are three critical issues that the court needs to take special
notice of.
*** PILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2020 03:04:57 PM.****THE COURT MUST TAKE NOTICE THAT THE CASE # 09-043833 HAD THREE
INDIVIDUAL DEFENDANTS
In CASE # 09-043833 there were three independent Defendants and all claims against the
individual Defendants were dismissed. The Plaintiff was not found liable for any claim as the
Plaintiff had no liability in any of the claims in Styles complaint. The Fourth DCA opinion
which is binding on this court, makes it clear that the Defendant was never liable for the civil
theft claim thus the claim was frivolous and lack any probable cause.
“The law is clear that the Plaintiff who never received the claimed funds could never have been
liable for the conversion and civil theft that Styles and his attorneys have originally filed and
continued to prosecute for over ten years.” 7ranscapital Bank v. Shadowbrook at Vero, LLC, 226
So. 3d 856, 864 (Fla. 4th DCA 2017): There was never any probable cause to name the Plaintiff
as a party to a civil theft claim in that earlier complaint.
In Transcapitak Bank The 4" DCA stated:
“a party which does not personally receive property which is the subject of an alleged conversion
or civil theft cannot be held liable for such action. See Rupp, 608 So.2d at 935 (even if the
plaintiff had a valid claim for conversion, such claim could be asserted against only the
corporation which received the plaintiffs property, not the individual who was the corporation's
sole shareholder, because the individual did not personally receive the property).
THE DEFENANTS HAD AN OBLIGATION TO DISMISS THE PLAINTIFF UPON THE
F THAT MSMC WAS A LEGITIMATE CORPORATIONThe court’s order in case # 09-043833 on the defendant’s motion for fees and costs is
irrelevant to the Plaintiff's claim for malicious prosecution. Although the court didn’t find for
cither party on that motion, the order could only be based on the presumption that the Plaintiff in
that case believed he had probable cause at the time of filing. For the Defendant’s to be liable for
this claim of malicious prosecution the claim must have lacked probable cause at the time of
filing or at any time later that the Defendant’s learned their claim was frivolous. The
Defendant’s were obligated to drop the claims against the Plaintiff as soon as they were provided
a copy of MSMC Corporation documents which was provided in July 2009, Under the law the
Defendants were religiously prosecuting the Plaintiff since July2009.
“As Stewart admitted in his deposition, Weatherby had no evidence to substantiate its claims
against Ballack and Capital Health. Any reasonable inference that Ballack was working for
Capital Health disintegrated during discovery, leaving no justiciable issues of law or fact.
Therefore, following Stewart's deposition, on November 30, 1999, the justiciable issues were
resolved, rendering the suit frivolous. Thus, the trial court erred when it found that Weatherby's
suit was frivolous when initially filed. However, there was substantial competent evidence that
the suit became frivolous after it was filed. Therefore, the trial court should have awarded
appellees attorney's fees only from the point that they had to defend a frivolous suit rather than
from the point that suit was filed”. Weatherby Assocs., Inc. v. Ballack, 783 So.2d 1138, 1141
(Fla. 4th DCA 2001
STYLES DID NOT PREVAIL ON CASE # 09-043833 AGAINST THE PLAINTIFF
Styles didn’t prevail on any of his claims against the Plaintiff Daniel Pronman. Styles in his
complaint claimed that the plaintiff was liable for civil theft and fraud both of these claims were
summarily dismissed. Pronman was not found liable for anything in that case. The defendant’s
claim that Styles prevailed on the substantial counts in his complaint in not factual, His
substantial claim was for treble damages or $252,000.00 but didn’t recover anything but specific
performance of the original contract which was what MSMC wanted all along. There was never
any question that Styles would eventually be forced to take delivery of the car, the only questionin that case which has yet to be decided is what damages Styles refusal to pick up the car ina
teasonable amount of time caused MSMC.
Even if the court believes that Styles did prevail on the breach of contract claim, that claim was
based on a contract between Styles and MSMC. The Plaintiff had no liability in breach of
contract claim so in fact Plaintiff prevailed on all claims Styles brought against him.
CONCLUSION
The complaint states a viable cause of action. The Plaintiff has a due process right to have his
claims adjudicated.
PRAYER FOR RELIEF
The Plaintiff respectfully requests this court to deny the Defendant’s motion and any other relief
the court deems just.
Daniel Pronman
dansmopar@aol.com
5700 nw 125" Terrace
Coral Springs FL, 33076
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing notice was served
via efile to John j Shahady, B.C.S. jshahady@swlawyers.law, One West Las Olas Blvd., Suite
500 Fort Lauderdale FL 33301. Edward O’sheehan,eosheehan@shutts.com on this 8th day of
June 2020.
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Filing # 108534490 E-Filed 06/08/2020 03:04:58 PM IN THE CIRCUIT COURT FOR THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA DANIEL PRONMAN an individual, Plaintiff, Case No: CACE 19-22567 (7) EDWARD J. O’SHEEHAN of SHUTTS & BOWEN, LAURIE THOMPSON of ZONE LAW and FOWLER-WHITE LAW FIRM, BRETT HOROWITZ, JOHN M. ROSS, JOHN SHAHADY of KOPELOWITZ, OSTROW, FERGUSON, WEISELBERG, GILBERT FIRM, All lawyers and LAW FIRMS Defendants / NOTICE OF FILING A SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF’S OPPOSITION BRIEF INTRODUCTION Due to the limited amount of time available for the hearing on June 3 2020 the Plaintiff request leave to file this short supplemental authority to clear up some confusion the Defendants had tried to argue to the court. There are three critical issues that the court needs to take special notice of. *** PILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2020 03:04:57 PM.****THE COURT MUST TAKE NOTICE THAT THE CASE # 09-043833 HAD THREE INDIVIDUAL DEFENDANTS In CASE # 09-043833 there were three independent Defendants and all claims against the individual Defendants were dismissed. The Plaintiff was not found liable for any claim as the Plaintiff had no liability in any of the claims in Styles complaint. The Fourth DCA opinion which is binding on this court, makes it clear that the Defendant was never liable for the civil theft claim thus the claim was frivolous and lack any probable cause. “The law is clear that the Plaintiff who never received the claimed funds could never have been liable for the conversion and civil theft that Styles and his attorneys have originally filed and continued to prosecute for over ten years.” 7ranscapital Bank v. Shadowbrook at Vero, LLC, 226 So. 3d 856, 864 (Fla. 4th DCA 2017): There was never any probable cause to name the Plaintiff as a party to a civil theft claim in that earlier complaint. In Transcapitak Bank The 4" DCA stated: “a party which does not personally receive property which is the subject of an alleged conversion or civil theft cannot be held liable for such action. See Rupp, 608 So.2d at 935 (even if the plaintiff had a valid claim for conversion, such claim could be asserted against only the corporation which received the plaintiffs property, not the individual who was the corporation's sole shareholder, because the individual did not personally receive the property). THE DEFENANTS HAD AN OBLIGATION TO DISMISS THE PLAINTIFF UPON THE F THAT MSMC WAS A LEGITIMATE CORPORATIONThe court’s order in case # 09-043833 on the defendant’s motion for fees and costs is irrelevant to the Plaintiff's claim for malicious prosecution. Although the court didn’t find for cither party on that motion, the order could only be based on the presumption that the Plaintiff in that case believed he had probable cause at the time of filing. For the Defendant’s to be liable for this claim of malicious prosecution the claim must have lacked probable cause at the time of filing or at any time later that the Defendant’s learned their claim was frivolous. The Defendant’s were obligated to drop the claims against the Plaintiff as soon as they were provided a copy of MSMC Corporation documents which was provided in July 2009, Under the law the Defendants were religiously prosecuting the Plaintiff since July2009. “As Stewart admitted in his deposition, Weatherby had no evidence to substantiate its claims against Ballack and Capital Health. Any reasonable inference that Ballack was working for Capital Health disintegrated during discovery, leaving no justiciable issues of law or fact. Therefore, following Stewart's deposition, on November 30, 1999, the justiciable issues were resolved, rendering the suit frivolous. Thus, the trial court erred when it found that Weatherby's suit was frivolous when initially filed. However, there was substantial competent evidence that the suit became frivolous after it was filed. Therefore, the trial court should have awarded appellees attorney's fees only from the point that they had to defend a frivolous suit rather than from the point that suit was filed”. Weatherby Assocs., Inc. v. Ballack, 783 So.2d 1138, 1141 (Fla. 4th DCA 2001 STYLES DID NOT PREVAIL ON CASE # 09-043833 AGAINST THE PLAINTIFF Styles didn’t prevail on any of his claims against the Plaintiff Daniel Pronman. Styles in his complaint claimed that the plaintiff was liable for civil theft and fraud both of these claims were summarily dismissed. Pronman was not found liable for anything in that case. The defendant’s claim that Styles prevailed on the substantial counts in his complaint in not factual, His substantial claim was for treble damages or $252,000.00 but didn’t recover anything but specific performance of the original contract which was what MSMC wanted all along. There was never any question that Styles would eventually be forced to take delivery of the car, the only questionin that case which has yet to be decided is what damages Styles refusal to pick up the car ina teasonable amount of time caused MSMC. Even if the court believes that Styles did prevail on the breach of contract claim, that claim was based on a contract between Styles and MSMC. The Plaintiff had no liability in breach of contract claim so in fact Plaintiff prevailed on all claims Styles brought against him. CONCLUSION The complaint states a viable cause of action. The Plaintiff has a due process right to have his claims adjudicated. PRAYER FOR RELIEF The Plaintiff respectfully requests this court to deny the Defendant’s motion and any other relief the court deems just. Daniel Pronman dansmopar@aol.com 5700 nw 125" Terrace Coral Springs FL, 33076 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing notice was served via efile to John j Shahady, B.C.S. jshahady@swlawyers.law, One West Las Olas Blvd., Suite 500 Fort Lauderdale FL 33301. Edward O’sheehan,eosheehan@shutts.com on this 8th day of June 2020.