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Filing # 100758504 E-Filed 12/24/2019 07:02:26 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
IRIS BEAUGRAND, individually and as
POA for Heidrun Riedner,
Plaintiff,
v CASE NO: 2017 CA 181
ROBERT O’TOOLE,
Defendant.
/
PLAINTIFF’S NOTICE OF FILING PORTIONS OF ROBERT O’TOOLE’S
DEPOSITION TRANSCRIPT FOR ALL PURPOSES IN THIS MATTER
Plaintiff, Iris Beaugrand, individually and as POA for Heidrun Riedner, provides notice of filing
the attached portions of the deposition transcript of Defendant Robert 0’ Toole in support of her
motion for summary judgment in this matter, and for use in the matter for all purposes including
trial. if necessary.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
email via the Florida courts efiling system to Bret Clark, Esq. attorney for Robert QO’ Toole on
this. 24" day of December, 2019.
Steele T. Williams, P.A.
Pineapple Place
1381 McAnsh Square
Sarasota, FL 34236-5620
FBN: 079995
1[ Page4
on i
1 EXHIBITS CONTINUED
2
3 Number Description Marked
4 Plaintiffs 7 - Letter from Atiorney RB
Williams Dated 03/03/17
5
Plaintiffs 8 Lever from Attorney 75
6 Clark Dated 03/21/17
7 Plaintiffs 9 Handwritten Document 758
Dated 12/07/15
8
Plaintiffs 10 Photographs of Wire 7
3 Transfers
0
1
i
Sip DoS
RRNA He Ge et RE ee ee ee be
BONES
o
1 (Pages 1 to 4)
ROBERTS REPORTING, INC.
941-485-726748
Q. Were foreclosure proceedings actually
paid, Sometimes she would pay them ~
filed at that time or 2 A. No
A. They were in the process of being filed or 3 Q. and sometimes you?
already filed, yes. 4 ‘A, No, no. She might have paid the mortgage
5 Q. So you were on the verge or ft actually S once or twice out of 12 years:
5 occurred that you got refinancing at the time, When 6 Q And you have
> the refinancing occurred in. 2014 on the Bayshore 7 A. I don't think she even did that maybe
a house the financing was stil only in Iris’s name, 8 once,
3 A. Correct, We went through a HARP process, 9 Q. And you have all the documents for that?
believe, 10 A. Ido. Tdon't have the payments from when
Q. What do you mean by that? 21 she paid them, T have the documents fiom when I paid
A. HARP. therm
Q. Ob, HARP. HARP? Q. You have those copies, but you don't have
A RP. copies of tax returns?
Q. The HARP mitigation process of
foreclosure’?
A. Correct, comect,
Q. What was your agreement with Iris
regarding Bayshore and the joint ownership?
A. We didn't have any written agreements, We
were on the understanding that the Bayshore house was
always mine, and the Pinto Trail was always hers,
overt though f made all the payments’on it.
Q. Financing was in her name?
A. Correct,
A. Thave edpies of canceled cheeks.
Q. What's the mortgage amount on Pinto?
A. Itwas twenty-nine ~ L think somewhere
around twenty-nine fifty a month,
Q. And you were ~ when you were making
payments on the mortgage on Pinto were you living
there?
A, Yes.
Q. Did you ever make payments on the mortgage
‘on Pinto when you didn't tive there?-
AL Yes,
ra
ers
4
2
2
50
G. So when the payments aren't being made, it
hurts her credit, correct?
A. Correct.
©. How was she compensated for having the
financing in her name then?
A. I paid the mortgage for her place for 12
years
Q. What are your claims as to the Pinto
case ~ I mean the Pinto house in this case’?
A. I don't think | understand the question,
Q. Do you have any claims of ownership on the
Pinto house that is in Iris's name?
AL No.
Q. Was the Pinto house ever supposed to be in
your name’?
Q. And you're saying that you always paid the
Pinto mortgage?
A. Correct,
Q. Did Iris ever pay the Pinto mortgage?
A. Ever? Ym sure she paid it, [ think, once
or twice, so I'm going to say yes, she ~- won't say
she never paid it,
Q. So there were times when you guys were
cohabitating together that the joint bills were being
(om Ge Ne
oe
Q. Whe was that?
A. The last one was in -- when | moved out.
‘The last month I moved out,
Q. The one month prior to you moving oat —
A. Correct,
Q. + or the one month after you moved out?
The one month after you moved out?
A. Tim not sure.
Q. So. in sum, while you were living at Pinto
you're saying you~
A. Uhad to borrow ~ in fact, I bad to:
borrow the money from a friend of mine'to make her
mortgage payment,
Q. Okay, But prior to that one month when
‘you aren't living there and you made the mortgaite
payment, when you were making the mortgage payments
on Pinto you were living there?
A. Correct.
Q, Talking about the Englewood house, 808,
you live there now’?
A. Correct.
Q. What was the source of the purchase price
af the Englewood house?
A. What was the purchase price of the
‘Englewood house?
13 (Pages 49 to 52)
ROBERTS REPORTING, INC.
941-485-726753 55
Q. What was the source of the purchase price? L A, No.
A. Most of the money came from me. { 2 Q. Is there any financing on that house?
borrowed $10,000 from a friend of mine. 3 A. No.
Q. What was the name of the friend? 4 Q. Moving back to Bayshore, have you made any
oe
improvements on the Bayshore house since 2007?
A. Yes.
Q. What improvements?
Ed Johnston.
Q. And there was a loan?
A. Thorrowed $12,560 from him
ons
>
Ow @
Q. . From Ed Johnston?
A. Correct, and Heidrun, Iris's mom.
Q. That's the $45,000 or-whatever?
A. Whatever.
Q,
A.
A. The biggest ones are ~ there's always
stuff going on every month with a rental house. 1
puta new roof on, $7,500.
Q. When was that?
Okay. What is the other source? 12 A. That was six months ago.
. Then the rest of the money was mine. 43 Q. Anything else?
Q. Where did the rest of that money come a4 A. Yeah. T put anew stove in.
from? is Q. When was that?
A. From ~a majority of it came from our 16 ‘A. Twoweeks ago, $400. I mean, do you
Jawsuit against Jesse. 17 really want a list of all the stuff? T pat a new
Q. That was about a. $50,000 settlement or 18 door on. That was $500,
restitution from the criminal proceedings? 19 Q. A door cost $5007
A. Correct. Idon't remember the exact 20 A. Front door, The last tenants, when they
number, so whatever it is. 21 moved out, feft a mess, 80 L spent lots of money
Q. And the house was ultimately placed 22 fixing itup. Paint, Sheetrock.
jointly in your names?. 23 Q, Chris and Katherine?
A. The 808 First Street house? 24 A. Correct.
OQ. Yes. 25 Q. Any other significant improvements at the
54 36
a A. Correct i Bayshore house?
2 Q. Can you tell me why that occurred? 2 A. *Significait improvements"?
3 A, Weil, it was first put in my name alone, 3 Q. Couple thousand bucks?
4 so we -~and then 90 days ~ because Iris wouldn't be 4 A. Alittle bit more than that. Thad team
& able to get the commission if it was in both our 5 go in there for weeks.
6 names, so we put icin my name. And 90 days later 6 Q. Ob, because -- as a result of the prior
7 when she got her commission, we pat it in both our 2 tenants?
8 names. 8 A. Yeah. They put holes in the Sheetrock and
3 Q. Sout the time you purchased Englewood 2 it was really, really bad.
A it was for you guys to own it jointly? 16 Q. You have bills for that?.
A. “Correct, an A. Ido.
Q. 1s Englewood rented out? 12 Q. Okay. Prior — other than that, is there
A, No. 43 any other improvements to Bayshore?
Q. Has it been? 14 A. Thad the air conditioning worked on,
A. You say, "Englewood." You're talking a5 about $300 or $400,
about the First Street house? . 16 Q. Since when?
Q. Yeah, the $08. I apologize. Just so A, Since I moved out.
we'te on the same level, when I say 808 First Street 18 Q. Since 20077
East ~ 13 A. Gosh. Tspent several thousand doflars:a
A. [just want to make sure we're on the same 20 year maintaining a 30-year-old house, 40-,
page. 2 50-year-old house. You know, there's ~ the
Q. Has the Englewood house been rented out?
A. No.
Q. Has it been rented ont since you and Iris
broke up?
VN WN
Ge oe
disposals go. The poo! needs maintenance. | can't
sit here and itemize everything I spent on the house
in the last 10 years, but it's significant.
Q. Oh, yeah? Do you have documentation of
14 (Pages 53 to 56)
ROBERTS REPORTING, INC.
941-485-7267ot
wo
4
On
legal ownership of the gallery unit?
Q, Thats in Exhibit 7. Did you receive
Exhibit 7? 2 A. No,
A. Yes. 3 Q. show you what's been marked as
Q. And in response to Exhibit ? you 4 Exhibit 8. Is this a letter - do you recognize
ultimately did move out of the gallery unit? 5 this Exhibit 8?
A. Correct. 6 A. Yes.
Q. Are you claiming that you're damaged — 7 Q. Is this a letter that you authorized your
are you claiming any damages in this lawsuit as.a 8 attorney in Exhibit & to send?
result of the gallery unit? 3 A. Yes.
A. Yes. Le Q. And this Exhibit 8 reflects your
Q. What.are thase damages? il understanding of your agreement with Klaus, [ think,
A.» For not sure, burl believe {deserve 12 in paragraph two there?
something. A. Yes.
Q. Based on the oral agreement you purport to Q. Okay. Fl show you what MMi mark as
have with Klaus? 15 Exhibit 9. ‘Do you recognize Exhibit 9?
A. Correct i AL Yes.
Q. Anything else other than that?
A. As far as this property's concerned?
Q... How much are those damages?
A, Edon't know,
Q.. Are you claiming damages from Iris-as a
result of the gallery unit?
Q. What is Exhibit 9?
ts a note that T wrote ~ that I did not
sign ~- but [wrote in anticipation of moneys coming
from Heidrun.
Q. So there's nowhere on this Exhibit 9 your
signatur
Aw. Tm not sure. 23 A. This is a ~ this isa letter that
4 Q. Are you claiming Iris owes you anything as 24 wrote, but I never signed it because the money didn't
25. a result of your understanding — purported 25 come in when T signed this. 1 said when the money:
14 76
i agreement — with Klaus? i vomes in f will sign it, but that is not my:
2 A No 2 signature.
3 Q. Did your agreement with Klaus as to the 3 Q. Okay. Did you actually receive moneys
4 gallery unit also require you to pay the taxes on 4 from Heidrun Riednar?
5 thatunir? 5 A. Did [ physically receive moneys from her?
6 A. Yes. 6 No
7 Q.. Have you always paid the taxes on the ? Q. Orany of your agents, or did moneys ~
8 unit? & were moneys transferred from Heidrun’?
8 A. No. 9 A. Heidrun. gave moneys to Iris.
10 Q. For what years do you still owe the taxes? 10 Q. Iris to purchase the 808 Englewood
ah MR. CLARK: Object to the form, ll property?
l Q. (BY MR. WILLIAMS) Forthe gallery unit. | 32 A. Covet.
A. {don't recall, but f remember I paid 13 Q. And how much of those moneys were used to
several years, 14 purchase the property?
Q. Presently you don't know whether you've LS A. Lbelieve it was around ~L don't
paid the 2015 or '16 taxes on the gallery unit? £6 remember exactly. It-was about $45,000.
A. -Idon' believe Idid, but Tim not sure dechgeomns’Q. Okay. Were there other moneys in addition
about the years,
to that $45,000 that Heidran paid?
Q. Did you pay the Association fees
A. Not to my- knowledge.
20 associated with the gallery unit? 2 Q. Okay, These moneys ane stil owed
ot A. Notallof them, no, 28 Heidrun, this $45,000?
22 Q. Were you behind in your payments to the 2 ‘That's a question? ‘Yes.
23 iation? ., -
° bal 23 Q. ifshow you what is Comiposite Exhibit
ad \. Yes. es ope s “
2410.6 g Exhibit 10 reflects wire transfi
25 Q. Are you aware of what happened to the i inposste Pade See Wie et
moneys to an Otto O'Toole, Did you receive those
19 (Pages 73 to 76)
ROBERTS REPORTING, INC.
941-485-726782
L A. No. Ob, when Iwas there. Not since 1
2 left, no.
3 Q. Have you made an effort to see the horse
4 since you ~
8 A, No. She told me not to come on the
€ property.
7 Q. So you're claiming at least a half
® ownership interest in the horse?
9 A. Correct.
is Q. You claim the whale interest or just at
14 feast the half?
12 A. Fifty percent. I gave her half a horse as
13 a gift, and that’s the other half I'm going to keep.
14 We wete going to split the horse. We were going to.
18 raise it together,
16 Q. Because you guys were living together as a
27 farnily?
18 A. Correct,
bright. What claims are you asserting
20 as &@ Pinto, the Pinto property, in this case?
1 T don't believe [have any claims on the
property.
Do you claim that you've been damaged as a
resulf of anything you've done regarding the Pinto
proparty?
ae wn
oe 8a
i
i
© Sut
2
2
mow
Soe ob
we
CROSS-EXAMINATION
BY MR. CLARK: 4
Q. Cats you describe what happened the day
that you lefi the Pinto residence?
A. Iris told me to leave. 1 grabbed most of
my clothes and my wine, and I lef.
Q. What time of day was it this happened?
A. Tbelieve it was the middle of the day.
12:00, 1:00, something like that
Q. And where were you when she told you to
leave?
A. I wasat the Pinto house with ber.
Q. Did this come’as a surprise to you that
she would ask you to leave?
A. Yeah.
Q. ‘How exactly did she phrase it?
A. "Lthink it best for you to leave."
Q. Did you ask her why?
A. No.
Q
, Did you know wh:
A. Yeah. Our relationship.was going down the
Q. When you left what did you take with you?
A. My clothes and my wine.
Q.. And where did you go?
8
‘¥ don't think Tunderstand the question,
Do you think that you have sustained
es that you're secking from Iris as 4 result of
ing you have done in regards to the Pinto
y
So you made improvements on Pinte?
T did,
Avroof, Anything else?
A. The bam.
Qe For the horse?
| Q.. There were more than one horse at Pinto?
A. Yeah, There's 15. Ten to 15 horses.
Q. Are you claiming any interest in those
er horses?
A. Ido not.
Q. Okay, Anything else other than roof and
2
MR, WILLIAMS; J don't have any further
22
23 questions.
24 MR. CLARK: [havea few.
28
wht
23
a4
25
A. Iwent to the 808 East First Street house.
Q.. Did you take anything else with you other
than the wine and your clothing?
A. No.
Q. And did you go back to Pinto to get
anything else?
AL No.
Q. Did you ask Iris to return the personal
property that you have testified —
A. Yes.
Q. And what did she say?
A. She never retumed my text.
Q. Your testimony is that you sent her a
text?
A. Yes.
. And what did the text in substance say?
MR. WILLIAMS: Object to the form.
‘THE DEPONENT: That I would like to get
the rest of my personal items,
Q (BY MR. CLARK) And did you ewer get the
rest of your personal items?
A. Some of them she threw into a car — my
passport and some other items — but not ail of them,
no,
Q. What items were in the car?
21 (Pages 81 to 84)
ROBERTS REPORTING, INC,
941-485-7267
Preview
Filing # 100758504 E-Filed 12/24/2019 07:02:26 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION IRIS BEAUGRAND, individually and as POA for Heidrun Riedner, Plaintiff, v CASE NO: 2017 CA 181 ROBERT O’TOOLE, Defendant. / PLAINTIFF’S NOTICE OF FILING PORTIONS OF ROBERT O’TOOLE’S DEPOSITION TRANSCRIPT FOR ALL PURPOSES IN THIS MATTER Plaintiff, Iris Beaugrand, individually and as POA for Heidrun Riedner, provides notice of filing the attached portions of the deposition transcript of Defendant Robert 0’ Toole in support of her motion for summary judgment in this matter, and for use in the matter for all purposes including trial. if necessary. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been sent via email via the Florida courts efiling system to Bret Clark, Esq. attorney for Robert QO’ Toole on this. 24" day of December, 2019. Steele T. Williams, P.A. Pineapple Place 1381 McAnsh Square Sarasota, FL 34236-5620 FBN: 079995 1[ Page4 on i 1 EXHIBITS CONTINUED 2 3 Number Description Marked 4 Plaintiffs 7 - Letter from Atiorney RB Williams Dated 03/03/17 5 Plaintiffs 8 Lever from Attorney 75 6 Clark Dated 03/21/17 7 Plaintiffs 9 Handwritten Document 758 Dated 12/07/15 8 Plaintiffs 10 Photographs of Wire 7 3 Transfers 0 1 i Sip DoS RRNA He Ge et RE ee ee ee be BONES o 1 (Pages 1 to 4) ROBERTS REPORTING, INC. 941-485-726748 Q. Were foreclosure proceedings actually paid, Sometimes she would pay them ~ filed at that time or 2 A. No A. They were in the process of being filed or 3 Q. and sometimes you? already filed, yes. 4 ‘A, No, no. She might have paid the mortgage 5 Q. So you were on the verge or ft actually S once or twice out of 12 years: 5 occurred that you got refinancing at the time, When 6 Q And you have > the refinancing occurred in. 2014 on the Bayshore 7 A. I don't think she even did that maybe a house the financing was stil only in Iris’s name, 8 once, 3 A. Correct, We went through a HARP process, 9 Q. And you have all the documents for that? believe, 10 A. Ido. Tdon't have the payments from when Q. What do you mean by that? 21 she paid them, T have the documents fiom when I paid A. HARP. therm Q. Ob, HARP. HARP? Q. You have those copies, but you don't have A RP. copies of tax returns? Q. The HARP mitigation process of foreclosure’? A. Correct, comect, Q. What was your agreement with Iris regarding Bayshore and the joint ownership? A. We didn't have any written agreements, We were on the understanding that the Bayshore house was always mine, and the Pinto Trail was always hers, overt though f made all the payments’on it. Q. Financing was in her name? A. Correct, A. Thave edpies of canceled cheeks. Q. What's the mortgage amount on Pinto? A. Itwas twenty-nine ~ L think somewhere around twenty-nine fifty a month, Q. And you were ~ when you were making payments on the mortgage on Pinto were you living there? A, Yes. Q. Did you ever make payments on the mortgage ‘on Pinto when you didn't tive there?- AL Yes, ra ers 4 2 2 50 G. So when the payments aren't being made, it hurts her credit, correct? A. Correct. ©. How was she compensated for having the financing in her name then? A. I paid the mortgage for her place for 12 years Q. What are your claims as to the Pinto case ~ I mean the Pinto house in this case’? A. I don't think | understand the question, Q. Do you have any claims of ownership on the Pinto house that is in Iris's name? AL No. Q. Was the Pinto house ever supposed to be in your name’? Q. And you're saying that you always paid the Pinto mortgage? A. Correct, Q. Did Iris ever pay the Pinto mortgage? A. Ever? Ym sure she paid it, [ think, once or twice, so I'm going to say yes, she ~- won't say she never paid it, Q. So there were times when you guys were cohabitating together that the joint bills were being (om Ge Ne oe Q. Whe was that? A. The last one was in -- when | moved out. ‘The last month I moved out, Q. The one month prior to you moving oat — A. Correct, Q. + or the one month after you moved out? The one month after you moved out? A. Tim not sure. Q. So. in sum, while you were living at Pinto you're saying you~ A. Uhad to borrow ~ in fact, I bad to: borrow the money from a friend of mine'to make her mortgage payment, Q. Okay, But prior to that one month when ‘you aren't living there and you made the mortgaite payment, when you were making the mortgage payments on Pinto you were living there? A. Correct. Q, Talking about the Englewood house, 808, you live there now’? A. Correct. Q. What was the source of the purchase price af the Englewood house? A. What was the purchase price of the ‘Englewood house? 13 (Pages 49 to 52) ROBERTS REPORTING, INC. 941-485-726753 55 Q. What was the source of the purchase price? L A, No. A. Most of the money came from me. { 2 Q. Is there any financing on that house? borrowed $10,000 from a friend of mine. 3 A. No. Q. What was the name of the friend? 4 Q. Moving back to Bayshore, have you made any oe improvements on the Bayshore house since 2007? A. Yes. Q. What improvements? Ed Johnston. Q. And there was a loan? A. Thorrowed $12,560 from him ons > Ow @ Q. . From Ed Johnston? A. Correct, and Heidrun, Iris's mom. Q. That's the $45,000 or-whatever? A. Whatever. Q, A. A. The biggest ones are ~ there's always stuff going on every month with a rental house. 1 puta new roof on, $7,500. Q. When was that? Okay. What is the other source? 12 A. That was six months ago. . Then the rest of the money was mine. 43 Q. Anything else? Q. Where did the rest of that money come a4 A. Yeah. T put anew stove in. from? is Q. When was that? A. From ~a majority of it came from our 16 ‘A. Twoweeks ago, $400. I mean, do you Jawsuit against Jesse. 17 really want a list of all the stuff? T pat a new Q. That was about a. $50,000 settlement or 18 door on. That was $500, restitution from the criminal proceedings? 19 Q. A door cost $5007 A. Correct. Idon't remember the exact 20 A. Front door, The last tenants, when they number, so whatever it is. 21 moved out, feft a mess, 80 L spent lots of money Q. And the house was ultimately placed 22 fixing itup. Paint, Sheetrock. jointly in your names?. 23 Q, Chris and Katherine? A. The 808 First Street house? 24 A. Correct. OQ. Yes. 25 Q. Any other significant improvements at the 54 36 a A. Correct i Bayshore house? 2 Q. Can you tell me why that occurred? 2 A. *Significait improvements"? 3 A, Weil, it was first put in my name alone, 3 Q. Couple thousand bucks? 4 so we -~and then 90 days ~ because Iris wouldn't be 4 A. Alittle bit more than that. Thad team & able to get the commission if it was in both our 5 go in there for weeks. 6 names, so we put icin my name. And 90 days later 6 Q. Ob, because -- as a result of the prior 7 when she got her commission, we pat it in both our 2 tenants? 8 names. 8 A. Yeah. They put holes in the Sheetrock and 3 Q. Sout the time you purchased Englewood 2 it was really, really bad. A it was for you guys to own it jointly? 16 Q. You have bills for that?. A. “Correct, an A. Ido. Q. 1s Englewood rented out? 12 Q. Okay. Prior — other than that, is there A, No. 43 any other improvements to Bayshore? Q. Has it been? 14 A. Thad the air conditioning worked on, A. You say, "Englewood." You're talking a5 about $300 or $400, about the First Street house? . 16 Q. Since when? Q. Yeah, the $08. I apologize. Just so A, Since I moved out. we'te on the same level, when I say 808 First Street 18 Q. Since 20077 East ~ 13 A. Gosh. Tspent several thousand doflars:a A. [just want to make sure we're on the same 20 year maintaining a 30-year-old house, 40-, page. 2 50-year-old house. You know, there's ~ the Q. Has the Englewood house been rented out? A. No. Q. Has it been rented ont since you and Iris broke up? VN WN Ge oe disposals go. The poo! needs maintenance. | can't sit here and itemize everything I spent on the house in the last 10 years, but it's significant. Q. Oh, yeah? Do you have documentation of 14 (Pages 53 to 56) ROBERTS REPORTING, INC. 941-485-7267ot wo 4 On legal ownership of the gallery unit? Q, Thats in Exhibit 7. Did you receive Exhibit 7? 2 A. No, A. Yes. 3 Q. show you what's been marked as Q. And in response to Exhibit ? you 4 Exhibit 8. Is this a letter - do you recognize ultimately did move out of the gallery unit? 5 this Exhibit 8? A. Correct. 6 A. Yes. Q. Are you claiming that you're damaged — 7 Q. Is this a letter that you authorized your are you claiming any damages in this lawsuit as.a 8 attorney in Exhibit & to send? result of the gallery unit? 3 A. Yes. A. Yes. Le Q. And this Exhibit 8 reflects your Q. What.are thase damages? il understanding of your agreement with Klaus, [ think, A.» For not sure, burl believe {deserve 12 in paragraph two there? something. A. Yes. Q. Based on the oral agreement you purport to Q. Okay. Fl show you what MMi mark as have with Klaus? 15 Exhibit 9. ‘Do you recognize Exhibit 9? A. Correct i AL Yes. Q. Anything else other than that? A. As far as this property's concerned? Q... How much are those damages? A, Edon't know, Q.. Are you claiming damages from Iris-as a result of the gallery unit? Q. What is Exhibit 9? ts a note that T wrote ~ that I did not sign ~- but [wrote in anticipation of moneys coming from Heidrun. Q. So there's nowhere on this Exhibit 9 your signatur Aw. Tm not sure. 23 A. This is a ~ this isa letter that 4 Q. Are you claiming Iris owes you anything as 24 wrote, but I never signed it because the money didn't 25. a result of your understanding — purported 25 come in when T signed this. 1 said when the money: 14 76 i agreement — with Klaus? i vomes in f will sign it, but that is not my: 2 A No 2 signature. 3 Q. Did your agreement with Klaus as to the 3 Q. Okay. Did you actually receive moneys 4 gallery unit also require you to pay the taxes on 4 from Heidrun Riednar? 5 thatunir? 5 A. Did [ physically receive moneys from her? 6 A. Yes. 6 No 7 Q.. Have you always paid the taxes on the ? Q. Orany of your agents, or did moneys ~ 8 unit? & were moneys transferred from Heidrun’? 8 A. No. 9 A. Heidrun. gave moneys to Iris. 10 Q. For what years do you still owe the taxes? 10 Q. Iris to purchase the 808 Englewood ah MR. CLARK: Object to the form, ll property? l Q. (BY MR. WILLIAMS) Forthe gallery unit. | 32 A. Covet. A. {don't recall, but f remember I paid 13 Q. And how much of those moneys were used to several years, 14 purchase the property? Q. Presently you don't know whether you've LS A. Lbelieve it was around ~L don't paid the 2015 or '16 taxes on the gallery unit? £6 remember exactly. It-was about $45,000. A. -Idon' believe Idid, but Tim not sure dechgeomns’Q. Okay. Were there other moneys in addition about the years, to that $45,000 that Heidran paid? Q. Did you pay the Association fees A. Not to my- knowledge. 20 associated with the gallery unit? 2 Q. Okay, These moneys ane stil owed ot A. Notallof them, no, 28 Heidrun, this $45,000? 22 Q. Were you behind in your payments to the 2 ‘That's a question? ‘Yes. 23 iation? ., - ° bal 23 Q. ifshow you what is Comiposite Exhibit ad \. Yes. es ope s “ 2410.6 g Exhibit 10 reflects wire transfi 25 Q. Are you aware of what happened to the i inposste Pade See Wie et moneys to an Otto O'Toole, Did you receive those 19 (Pages 73 to 76) ROBERTS REPORTING, INC. 941-485-726782 L A. No. Ob, when Iwas there. Not since 1 2 left, no. 3 Q. Have you made an effort to see the horse 4 since you ~ 8 A, No. She told me not to come on the € property. 7 Q. So you're claiming at least a half ® ownership interest in the horse? 9 A. Correct. is Q. You claim the whale interest or just at 14 feast the half? 12 A. Fifty percent. I gave her half a horse as 13 a gift, and that’s the other half I'm going to keep. 14 We wete going to split the horse. We were going to. 18 raise it together, 16 Q. Because you guys were living together as a 27 farnily? 18 A. Correct, bright. What claims are you asserting 20 as &@ Pinto, the Pinto property, in this case? 1 T don't believe [have any claims on the property. Do you claim that you've been damaged as a resulf of anything you've done regarding the Pinto proparty? ae wn oe 8a i i © Sut 2 2 mow Soe ob we CROSS-EXAMINATION BY MR. CLARK: 4 Q. Cats you describe what happened the day that you lefi the Pinto residence? A. Iris told me to leave. 1 grabbed most of my clothes and my wine, and I lef. Q. What time of day was it this happened? A. Tbelieve it was the middle of the day. 12:00, 1:00, something like that Q. And where were you when she told you to leave? A. I wasat the Pinto house with ber. Q. Did this come’as a surprise to you that she would ask you to leave? A. Yeah. Q. ‘How exactly did she phrase it? A. "Lthink it best for you to leave." Q. Did you ask her why? A. No. Q , Did you know wh: A. Yeah. Our relationship.was going down the Q. When you left what did you take with you? A. My clothes and my wine. Q.. And where did you go? 8 ‘¥ don't think Tunderstand the question, Do you think that you have sustained es that you're secking from Iris as 4 result of ing you have done in regards to the Pinto y So you made improvements on Pinte? T did, Avroof, Anything else? A. The bam. Qe For the horse? | Q.. There were more than one horse at Pinto? A. Yeah, There's 15. Ten to 15 horses. Q. Are you claiming any interest in those er horses? A. Ido not. Q. Okay, Anything else other than roof and 2 MR, WILLIAMS; J don't have any further 22 23 questions. 24 MR. CLARK: [havea few. 28 wht 23 a4 25 A. Iwent to the 808 East First Street house. Q.. Did you take anything else with you other than the wine and your clothing? A. No. Q. And did you go back to Pinto to get anything else? AL No. Q. Did you ask Iris to return the personal property that you have testified — A. Yes. Q. And what did she say? A. She never retumed my text. Q. Your testimony is that you sent her a text? A. Yes. . And what did the text in substance say? MR. WILLIAMS: Object to the form. ‘THE DEPONENT: That I would like to get the rest of my personal items, Q (BY MR. CLARK) And did you ewer get the rest of your personal items? A. Some of them she threw into a car — my passport and some other items — but not ail of them, no, Q. What items were in the car? 21 (Pages 81 to 84) ROBERTS REPORTING, INC, 941-485-7267