Loading...
Litigation - Federated Financial v. City and Annie FordIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 87- 297 -CA JUDGE: WILLIAM L. HEND‘RY . (\ = FEDERATED FINANCIAL CORPORATION, f /k /a FIRST SAVINGS AND LOAN ASSOCIATION OF OKEECHOBEE COUNTY, Plaintiff, Vs. ANNIE LEE FORD; FIDELITY INVESTMENT FUND, INC.; SHIRLEY JOHNSON; and the CITY OF OKEECHOBEE, Defendants. NOTICE OF TAKING DEPOSITION TO: ANNIE LEE FORD c/o John R. Cook, Esquire 202 N.W. 5th Avenue Okeehchobee, Florida 34972 co PLEASE TAKE NOTICE that at 3:30 O'Clock P.M., on Thursday, March 17th, 1988, at 312 Northwest Fifth Street, Okeechobee, Florida, the Defendant, FIDELITY INVESTMENT FUND, INC., will take the deposition of ANNIE LEE FORD upon oral examination before Okeechobee Court Reporters, Official Court Reporter, or a Notary Public in and for the State of Florida at Large, or some other officer duly authorized by law to take depositions. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules. DATED at Okeechobee, Florida, this a.2.1(/ day of March, 1988. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to BRENT G. SIEGEL, Esquire at Post Office Box 1032, Gainesville, Florida 32602 -1032, WILLIAM SELMI, Esquire at 302 N.W. 5th Street, Okeechobee, Florida 34972 andJERALD D. BRYANT, Esquire at 207 N.W. 2nd Street, Okeechobee, Florida 34972 and the above named addressee at the above address on the aforementioned date. • Law Office Of CASSELS & McCALL BY: CC: Okeechobee Court Reporters N D. ASSELS, JR., ttorney for Defe t FIDELITY INVESTM NT FUND, INC. 400 Northwest 2nd Street Post Office Box 968 Okeechobee, Florida 34973 (813) 763 -3131 IN THE CIRCUIT COURT OF FLORIDA,,NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY CIVIL ACTION FEDERATED FINANCIAL CORPORATION, f /k /a FIRST SAVINGS AND LOAN ASSOCIATION OF OKEECHOBEE COUNTY, Plaintiff, CASE NO: 87- 297 -CA vs. ANNIE LEE FORD; FIDELITY INVESTMENT FUND, INC.; SHIRLEY JOHNSON; and the CITY OF OKEECHOBEE, JUDGE W. L. HENDRY Defendants. STIPULATION TO WITHDRAWAL AS COUNSEL The Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC., and counsel for said Defendant /Cross- Plaintiff, BRENT G. SIEGEL, ESQUIRE, and WILLIAM D. CASSELS, JR., ESQUIRE, stipulate to the entry of an order allowing BRENT G. SIEGEL, ESQUIRE, and the law firm of Williams and Siegel to withdraw as attorneys for the Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC., in the above - entitled cause of action, effective immediately. ----_ BEN F. WOjCIK, President FIDELITY INVESTMENT FUND, INC., 4607 N.W. 6th Street Suite G Gainesville, Fl 32609 DATE E Williams a d Siegel 1800 North Main Street P.O. Box 1032 Gainesville, F1 32602 Attorney for Defendant/ Cross - Plaintiff ,ZB /8 $ DATE i) CASSELS, Lam. J F(�1Q �HN D. CATION r Cassels and McC. LY D P.O. Box 968 Okeechobee, F1 34972 Attorney for Defendant /Cross- Plaintiff DATE • IN THE CIRCUIT COURT NINETEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR OKEECHOBEE COUNTY FEDERATED FINANCIAL CORPORATION, f /k /a FIRST SAVINGS AND LOAN ASSOCIATION OF OKEECHOBEE COUNTY, Plaintiff, -vs - ANNIE LEE FORD; FIDELITY INVESTMENT FUND, INC.; SHIRLEY JOHNSON; and THE CITY OF OKEECHOBEE, Defendants. NOTICE OF TAKING DEPOSITION DUCES TECUM TO: ANNIE LEE FORD c/o John R. Cook, Esquire 202 N.W. 5th Avenue Okeechobee, FL 34972 CASE NO. 87- 297 -CA Judge W. L. Hendry Please take notice that beginning at 2:30 P.M., on the 17th day of March, 1988, at the office of plaintiff's undersigned counsel, the Plaintiff will take the deposition of ANNIE LEE FORD upon oral examination, before Okeechobee Court Reporters, Official Court Reporters, or a Notary Public in and for the State of Florida at Large, or some other officer duly authorized by law to take depositions, and you will have with you at that time true copies of all checks, receipts, etc., evidencing payments on plaintiff's mortgage for the period of April, 1986, to the present. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable and governing rules. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to JOHN D. CASSELS, JR., Esq., JERALD D. BRYANT, Esq., and the above addressee, by mail this 46" day of ` P d�dd , 1988. ,.1 WIL- I ' '� ELM , JR. Fla. tar No. 143982 Attorney for Plaintiff 312 N.W. Fifth Street Okeechobee, FL 34972 (813) 763 -1136 SCHEDULE "A" FOR THE PERIOD OF ',[ 192(p TO THE PRESENT, PRODUCE THE FOLLOWING: 1. Income tax returns including estimated tax returns, W -2, 1099 and K -1 forms, payroll stubs and all other evidence of income since the filing of your last tax return. 2. Personal, corporate, partnerships, joint ventures or other income tax returns, state and federal, including W -2, 1099 and K -1 forms, in your possession or control. 3. Personal property tax returns filed in Florida or anywhere else. 4. All monthly bank statements, passbooks, check stubs or registers, deposit slips, cancelled checks and bank charge notices on personal and business accounts, certificates of deposit, money management and retirement accounts in your possession or control from banks, savings and loan institutions, credit unions or other institutions, which have been or are maintained at any time for or by you, individually, jointly or as trustee or guardian, and in which you sign or have had any legal or equitable interest. 5. Financial statements submitted to banks, lending institutions or any other persons or entities which were prepared by on or your behalf at any time. 6. Loan applications and statements of loan accounts for all loans applied for, whether approved or not. 7. All statements of accounts from securities and commodities dealers and mutual funds maintained and received by you and held individually, jointly or as a trustee or guardian. 8. Stock, bond and mutual fund certificates, held individually, jointly or as a trustee or guardian, including any stock brokerage accounts maintained and statements received. 9. All records pertaining to stock options held in any corporation or other entity, exercised or not excercised. 10. Pension, profit sharing, deferred compensation agreement and retirement plans or any other kind of plan owned by you or by any corporation in which you are or have been a participant. 11. Wills and trust agreements executed by you or in which you have present or contingent interest or in which you are named a beneficiary, trustee, executor or guardian and from which benefits have been received, are being received or will be received and which are or were in existence, including intervivos trusts. All records of declaration of trust and minute books for all trusts to which your are a party, including the certificates, if any, indicating such interest and copies of all statements, receipts, disburse- ments, investments and other transactions. 12. Life insurance or certificates of life insurance currently in existence, insuring your life or the life of any other person in which you are named as either primary or contingent beneficiary, including any disability insurance currently in existence. 13. Insurance policies, including but not limited to annuities, health, accident, casualty, motor vehicles of any kind, property liability, including contents insurance in which you are or have been named the insured. 14. Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans and lawsuits now pending or previously filed in any court, showing the name of the debtor and /or creditors, the date each debt was incurred, the total amount and the unpaid balance. 15. Accounts payable and receivable ledgers in your possession and control that are either personally or business related, together with all accounts and journals. Page 1 16. Cash receipt books, calendar of events, retainer contracts with attorneys, evidence of budgets, cash projections and other financial documents in your possession. This applies to all such items in existence. 17. All deeds, closing statements, tax bills, appraisals, mortgages, secuirty agreements, lease and any other evidence (including monthly payments and present principal and interest balances) evidencing any type of interest or ownership, whether as owner, co- owner, fiduciary, trust beneficiary (vested or contingent), partner, limited partner, shareholder, joint venturer, mortgagee, developer, manager or otherwise, together with evidence of all contributions, in cash or otherwise, made by you or on your behalf, toward the acquisition of such real estate. 18. Sale and option agreements on any real estate owned by you either individually, through another person or entity, jointly or as trustee or guardian. 19. Documents, invoices, contracts and appraisals on all personal property, including furniture, fixtures, furnishings, equipment, antiques and any type of collections, owned by you individually, jointly, as guardian or through any other person or entity, together with the amount of their respective liens. 20. Motor vehicle purchase orders, contracts, financing agreements, invoices, appraisals, lease agreements, registrations and payment books and titles to all motor vehicles owned by you, individually or jointly, at any time, including airplanes, boats, automobiles or any other tupe of motor vehicle. 21. All records indicating any kind of personal interest in any corporation (foreign or domestic) or any other entities not evidenced by certificates or other instruments. 22. Partnership and joint venture agreements to which you have been a party to. 23. Employment records, showing evidence of wages, salary bonuses, commission, raises, promotions, expense accounts, and other benefits or deductions of any kind which were, are or may be paid, available, credited or withheld for any purpose by any individual entity or to which you were, are or may become entitled to in the future. 24. All records evidencing any benefits available to you from any business entity in which you have a legal or equitable ownership interest, including without limitation, auto, travel, entertainment, educational and personal living expenses. 25. Employment contracts under which you are performing services and /or rendering merchandise or materials, or under which someone is indebted to you for services and /or merchandise and materials already furnished, including a list or description of any oral contracts. 26. If you are self - employed, a partner or own more than 10% of the outstanding capital stock of any corporation, please produce the documents requested in Paragraphs 5, 7, 12, 13, 14 and 24, as to each such entity. 27. Charge accounts, controlled or authorized for your personal or business use, including all statements and receipts received by you in connection with the use of such charge accounts, together with a list of those businesses where you are or have been authorized to charge purchases to the account of another person or entity. 28. Membership cards or documents identifying participation rights in any country clubs, key clubs, private clubs, associations or fraternal group organizations, together with all monthly statements. 29. All records pertaining to gifts of any kind made to you or by you to any person or entity, together with all records in connection with the transfer of personal property, by sale, gift or otherwise. Page 2 30. Receipts, cancelled checks or other tangible evidence of charitable donations made by you. 31. Medical bills, prescriptions, evaluation reports or diagnosis for psychiatric treatment received. 32. All documents pertaining to safe deposit boxes titled in your name, either jointly or individually, or in which you placed property, together with all inventories of the contents thereof. Page 3 IN THE CIRCUIT COURT OF FLORIDA, NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY CIVIL ACTION FEDERATED FINANCIAL CORPORATION, f /k /a FIRST SAVINGS AND LOAN ASSOCIATION OF OKEECHOBEE COUNTY, Plaintiff, CASE NO: 87- 297 -CA vs. JUDGE W. L. HENDRY ANNIE LEE FORD; FIDELITY INVESTMENT FUND, INC.; SHIRLEY JOHNSON; and the CITY OF OKEECHOBEE, Defendants. MOTION TO WITHDRAW AS COUNSEL BRENT G. SIEGEL, ESQUIRE, attorney for the Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC., moves this Court for leave to withdraw as counsel for said Defendant /Cross - Plaintiff and in support thereof would show that the Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC., has retained local counsel to represent it in this cause, to wit: JOHN D. CASSELS, JR., ESQUIRE, Post Office Box 968, 400 N.W. 2nd Street, Okeechobee, Florida 34972. Based upon its retention of local counsel the Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC., has requested that the undersigned attorney withdraw as counsel of record in the above - referenced case CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a copy of the foregoing Motion to Withdraw As Counsel has been furnished to WILLIAM SELMI, JR., ESQ.,Attorney for Plaintiff, 312 N.W. 5th Street, Okeechobee, Fl 34972, JOHN D. CASSELS, JR., ESQ., P.O. Box 968, 400 N.W. 2nd Street, Okeechobee, F1 34972, JOHN R. COOK, ESQ., 202 N.W. 5th Avenue, Okeechobee, F1 34972, and JERALD D. BRYANT, ESQ., 207 N.W. 2nd Street, Okeechobee, F1 34972, by U.S. Mail, this S91-. day of February, 1988. BRENT G. L Williams - 1;Siegel 1800 N. Main Street P.O. Box 1032 Gainesville, Florida 32602 (904) 377 -6111 Attorney for Defendant /Cross- Plaintiff, FIDELITY INVESTMENT FUND, INC. CHARLES A. WILLIAMS, JR BRENT O. SIEOEL LAW OFFICES WILLIAMS & SIEGEL POST OFFICE BOX 1032 GAINESVILLE, FLORIDA 32602 -1032 March 7, 1988 The Honorable William L. Hendry Circuit Judge Okeechobee County Courthouse Room 200 Okeechobee, Florida 33472 1800 NORTH MAIN STREET TELEPHONE (904) 377 -6111 RE: Federated Financial Corporation v. Annie Lee Ford, et al. Case No: 87- 297 -CA Dear Judge Hendry: Enclosed herewith please find a proposed Order Granting Motion To Withdraw As Counsel for your consideration. The original Stipulation To Withdrawal As Counsel has been filed with the Clerk of the Court. A copy of the Stipulation is enclosed for your convenience. If the proposed Order meets with your approval, we would respectfully request that the Order be entered with service copies forwarded to counsel. Thank you for your consideration in this matter. BGS:klm Enclosures cc: John D. Cassels, Jr., Esquire Brent G. Siegel, Esquire William Selmi, Jr., Esquire John R. Cook, Esquire Jerald D. Bryant, Esquire Respect y�ufs► C BRENT G.,.. G L IN THE CIRCUIT COURT OF FLORIDA, NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY CIVIL ACTION FEDERATED FINANCIAL CORPORATION, f /k /a FIRST SAVINGS AND LOAN ASSOCIATION OF OKEECHOBEE COUNTY, Plaintiff, CASE NO: 87- 297 -CA vs. ANNIE LEE FORD; FIDELITY INVESTMENT FUND, INC.; SHIRLEY JOHNSON; and the CITY OF OKEECHOBEE, JUDGE W. L. HENDRY Defendants. / ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL THIS CAUSE came before the Court upon the Motion of BRENT G. SIEGEL, ESQUIRE, to Withdraw As Attorney Of Record For Defendant /Cross - Plaintiff, FIDELITY INVESTMENT FUND, INC. The Court having considered said motion, reviewed the Stipulation To Withdrawal of Counsel and the Court file and being otherwise duly advised in the premises, it is thereupon ORDERED AND ADJUDGED that the Motion of BRENT G. SIEGEL, ESQUIRE, to Withdraw as Attorney for the Defendant /Cross- Plaintiff, FIDELITY INVESTMENT FUND, INC., be and the same is hereby granted. Effective upon the date of entry of this Order said attorney and the law firm of Williams and Siegel shall have no further responsibility in this action. DONE AND ORDERED in Chambers at Okeechobee, Florida this day of , 1988. WILLIAM L. HENDRY Judge, Circuit Court Copies furnished to: Brent G. Siegel, Esquire John D. Cassels, Esquire William Selmi, Jr., Esquire John R. Cook, Esquire Jerald D. Bryant, Esquire