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    Swan Motion For Sanctions

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    ABC Action News
    This document is a motion for sanctions filed against the plaintiff and her counsel in a civil case. It argues that Count II of the plaintiff's complaint, which alleges conversion, is not supported by facts or law. It notes that the plaintiff was unable to explain her claims during her deposition and that the law of conversion does not apply to the subject matter at issue. The motion seeks to recover attorney's fees and costs for having to defend against Count II and bring this sanctions motion under Florida Statute 57.105. It certifies that all conditions precedent have been met, including notice requirements.

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    Swan Motion For Sanctions

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    ABC Action News
    423 views3 pages
    This document is a motion for sanctions filed against the plaintiff and her counsel in a civil case. It argues that Count II of the plaintiff's complaint, which alleges conversion, is not supported by facts or law. It notes that the plaintiff was unable to explain her claims during her deposition and that the law of conversion does not apply to the subject matter at issue. The motion seeks to recover attorney's fees and costs for having to defend against Count II and bring this sanctions motion under Florida Statute 57.105. It certifies that all conditions precedent have been met, including notice requirements.

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    Swan Motion for Sanctions

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    Swan Motion for Sanctions

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    This document is a motion for sanctions filed against the plaintiff and her counsel in a civil case. It argues that Count II of the plaintiff's complaint, which alleges conversion, is not supported by facts or law. It notes that the plaintiff was unable to explain her claims during her deposition and that the law of conversion does not apply to the subject matter at issue. The motion seeks to recover attorney's fees and costs for having to defend against Count II and bring this sanctions motion under Florida Statute 57.105. It certifies that all conditions precedent have been met, including notice requirements.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    423 views3 pages

    Swan Motion For Sanctions

    Uploaded by

    ABC Action News
    This document is a motion for sanctions filed against the plaintiff and her counsel in a civil case. It argues that Count II of the plaintiff's complaint, which alleges conversion, is not supported by facts or law. It notes that the plaintiff was unable to explain her claims during her deposition and that the law of conversion does not apply to the subject matter at issue. The motion seeks to recover attorney's fees and costs for having to defend against Count II and bring this sanctions motion under Florida Statute 57.105. It certifies that all conditions precedent have been met, including notice requirements.

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    © All Rights Reserved
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    of 3

    Filing # 104248027 E-Filed 03/03/2020 01 23:02 PM

    IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT


    IN AND FOR PINELLAS COUNTY, FLORIDA
    CIVIL DIVISION

    NOEL DEVINE, As PERSONAL


    REPRESENTATIVE 0F THE ESTATE
    0F MINA A. SWAN, DECEASED,

    Plaintiff,
    Case No.: 19-005206-CI—21
    V.

    STEVEN C. SWAN, As PERSONAL


    REPRESENTATIVE 0F THE ESTATE
    0F DAVID s. SWAN, JR., DECEASED,

    Defendant.
    /

    MOTION FOR SANCTIONS UNDER FLORIDA STATUTES SECTION 57.105


    AGAINST PLAINTIFF AND HER COUNSEL

    Defendant, Steven C. Swan, as Personal Representative of the Estate of David S. Swan,

    Jr., deceased, by and through his undersigned counsel and pursuant to Florida Statute Section

    57. 105, hereby moves the Court for entry of an Order imposing sanctions upon Plaintiff and/or her

    counsel, Brandon D. Bellew, Caitlein J. Jammo and Johnson, Pope, Bokor, Ruppel & Burns, LLP,
    jointly and severally, and in support thereof would show as follows:

    1. On July 30, 2019, Plaintiff filed her two-count complaint in this action

    (“Complaint”). Count I of the Complaint purports to contain a breach of contract claim, While

    Count H purports to contain a conversion claim. Plaintiff and her counsel know, or should know,

    that Count II is not supported by the necessary material facts, nor is it supported by the application

    of existing law to such material facts. Factually, the Plaintiff’s deposition revealed that no

    investigation was conducted With respect to the accounts at issue, the limitations periods,

    beneficiary designations and written consents to transfer, prior to the filing of the lawsuit, or even

    ***ELECTRONICALLY FILED 03/03/2020 01:23:02 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
    prior to the deposition itself. Plaintiff was utterly unable to explain her claims. Legally, the law of

    conversion simply does not apply to the subject matter of the claim and the nature of the funds at

    issue.

    2. Defendant is entitled to recover his attorneys’ fees and costs as a result of having

    to defend against Count II of the Complaint and pursue this Motion pursuant to Florida Statutes

    Section 57.105(1).

    3. A11 conditions precedent to this filing have occurred, including, but without

    limitation, compliance with the service requirements of Florida Statute Section 57. 105(4).

    4. Defendant has retained the undersigned counsel and is obligated to pay them a

    reasonable fee for their professional services.

    WHEREFORE, Defendant, Steven C. Swan, as Personal Representative of the Estate of

    David S. Swan, Jr., deceased, respectfully requests the Court to enter an Order sanctioning Plaintiff

    and/or her counsel in accordance With the foregoing and to award such other relief as the Court

    considers just, including attorneys’ fees and costs incurred in having to pursue this Motion and to

    defend against Count II of the Complaint.

    CERTIFICATE OF SERVICE

    Ihereby certify that on this 3 lst day of January, 2020, the foregoing Motion for Sanctions
    under Florida Statutes Section 57.105 against Plaintiff and her Counsel has been served Via
    electronic mail to Brandon D. Bellew, Esq. at brandonb@jpfirm.com and karenl@jpfirm.com, as
    well as to Caitlein J. Jammo, Esq. at caitleinj@jpfirm.com and susanu@jpfirm.com, both the

    foregoing at the law firm Johnson, Pope, Bokor, Ruppel & Burns, LLP, 911 Chestnut Street,
    Clearwater, Florida 33756.

    /S/ Mark M Wall


    Mark M. Wall
    Florida Bar Certified, Business Litigation
    Florida Bar No. 58483
    [email protected]
    [email protected]
    Jand A. Brazel
    Florida Bar No. 1017722
    [email protected]
    [email protected]
    Hill, Ward & Henderson, P.A.
    101 East Kennedy B1Vd., Suite 3700
    Tampa, Florida 33602
    Telephone: (8 1 3) 22 1 -3900
    Fax: (813) 221-2900
    Attorneysfor Defendant

    136143 24v1

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