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  • Transcript Judge Ferrera - Atty Kenneth Trent's Hearing On His Motion To Withdraw W/o Schneider Providing Notice To The Schneider's, Other Matters FAB vs. Schneider 16-009292

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    On 05/01/2017, Judge James Ferrara presided over attorney Kenneth Trent's Motion To Withdraw. Judge Ferrara was unaware that Trent had set the Motion to WIthdraw, without the Schneider's knowledge or consent. Judge Ferrara was surprised that Bolz, counsel for FAB, Plaintiff, set Defendant Schneider's Motion for Rehearing Schneider's C.C. and Rehearing Schneider's A.D. for the same 5 minute hearing as Trent's Mot. to W/D. According to the Trent Motion To WIthdraw transcript, Trent advised the Court that he had the required self addressed envelopes, but he purposefully did not provide them to the Court.

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    Transcript Judge Ferrera -Atty Kenneth Trent's Hearing On His Motion To Withdraw w/o Schneider providing Notice to The Schneider's, Other Matters FAB vs. Schneider 16-009292

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    On 05/01/2017, Judge James Ferrara presided over attorney Kenneth Trent's Motion To Withdraw. Judge Ferrara was unaware that Trent had set the Motion to WIthdraw, without the Schneider's knowledge or consent. Judge Ferrara was surprised that Bolz, counsel for FAB, Plaintiff, set Defendant Schneider's Motion for Rehearing Schneider's C.C. and Rehearing Schneider's A.D. for the same 5 minute hearing as Trent's Mot. to W/D. According to the Trent Motion To WIthdraw transcript, Trent advised the Court that he had the required self addressed envelopes, but he purposefully did not provide them to the Court.

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    44 views8 pages

    Transcript Judge Ferrera - Atty Kenneth Trent's Hearing On His Motion To Withdraw W/o Schneider Providing Notice To The Schneider's, Other Matters FAB vs. Schneider 16-009292

    Uploaded by

    larry-612445
    On 05/01/2017, Judge James Ferrara presided over attorney Kenneth Trent's Motion To Withdraw. Judge Ferrara was unaware that Trent had set the Motion to WIthdraw, without the Schneider's knowledge or consent. Judge Ferrara was surprised that Bolz, counsel for FAB, Plaintiff, set Defendant Schneider's Motion for Rehearing Schneider's C.C. and Rehearing Schneider's A.D. for the same 5 minute hearing as Trent's Mot. to W/D. According to the Trent Motion To WIthdraw transcript, Trent advised the Court that he had the required self addressed envelopes, but he purposefully did not provide them to the Court.

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    of 8

    Page 1

    IN THE CIRCUIT COURT OF THE 15TH JUDICIAL


    CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

    CASE NO: 50-2016-CA-009292

    FIRST AMERICAN BANK, as


    successor by merger to Bank of
    Coral Gables, LLC,
    Plaintiff,
    -vs-
    LAURENCE S. SCHNEIDER, et al.,
    Defendants.
    ______________________________________/
    Proceedings had and taken place before the
    Honorable James Ferrara, one of the Judges of said
    Court, at the Palm Beach County Courthouse, 205
    North Dixie Highway, West Palm Beach, Florida, on
    Monday, the 1st day of May 2017, commencing at the
    hour of 8:45 a.m., and being a Hearing.

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 2
    1 APPEARANCES:
    2 On Behalf of the Plaintiff:
    3 KELLER & BOLZ, LLP
    121 Majorca Avenue
    4 Suite 200
    Coral Gables, Florida 33134
    5 (305) 305-529-8500
    [email protected]
    6 BY: HENRY H. BOLZ, III, ESQUIRE
    7 On Behalf of the Defendant, Laurence S. Schneider:
    8 KENNETH ERIC TRENT, PA
    831 East Oakland Park Boulevard
    9 Fort Lauderdale, Florida 33334
    (954) 567-5877
    10 [email protected]
    BY: KENNETH E. TRENT, ESQUIRE
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    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 3
    1 (Thereupon, the following proceedings were
    2 had:)
    3 MR. TRENT: Kenneth Trent on behalf of
    4 Defendant. This is my Motion to Withdraw. I know
    5 you don't have envelopes up there, but I do have
    6 them here, ready to go.
    7 I think, really, the only dispute is that
    8 there were -- there is a request on our behalf, on
    9 my client's behalf to allow time to retain
    10 substitute counsel. I believe --
    11 THE COURT: This is the one where we had the
    12 hearing on the appointment of the receiver.
    13 MR. BOLZ: Yes, sir.
    14 MR. TRENT: That is correct. Very good,
    15 very good, Your Honor, yes, sir, that is correct.
    16 And since that time, I filed a Motion to
    17 Withdraw and I believe the only issue is whether
    18 my clients are going to be allowed additional time
    19 to obtain replacement counsel.
    20 THE COURT: So, what is scheduled in the
    21 next 30 days?
    22 MR. TRENT: Nothing that I'm aware of.
    23 THE COURT: So, I don't think -- I'm not
    24 going to stay the case.
    25 MR. BOLZ: Exactly, Your Honor.

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 4
    1 THE COURT: I mean, if there is nothing
    2 scheduled. I mean, if there was a summary judgment
    3 that was scheduled for next week, then I would
    4 think about doing something there.
    5 But I would urge Mr. Schneider to get
    6 himself an attorney, if he wants one, as soon as
    7 possible. It doesn't seem like there is anything
    8 on the horizon that he actually needs
    9 representation for. Am I accurate?
    10 MR. BOLZ: We would like to move -- well,
    11 again, Your Honor, just so that the record is
    12 clear. Henry Bolz for First American Bank.
    13 The motion, Mr. Trent's Motion to Withdraw
    14 was filed on March 22nd, 40 days ago, and now he
    15 wants another 20 days. We are not agreeable to
    16 that and I'm happy to hear that you are not
    17 either. We don't want the case stayed; it doesn't
    18 need it.
    19 I just want, for the record, I was given
    20 this morning a phone number and an address for the
    21 Schneiders and I'd just like to put it on the
    22 record. The phone number is 305-710-4201. The
    23 address is 360 East Coconut Palm Road, Boca Raton
    24 33432.
    25 That's where I would send -- and I also have

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 5
    1 an email address, Your Honor, so we're okay on
    2 that.
    3 As a housekeeping matter, Attorney Trent
    4 filed a Motion for Re-Hearing on last Monday on
    5 the dismissal with prejudice of his amended
    6 affirmative defenses and counter-claim.
    7 THE COURT: Who entered that order?
    8 MR. BOLZ: I'm sorry?
    9 THE COURT: Who entered that order?
    10 MR. TRENT: Breger, Judge Breger.
    11 THE COURT: Okay.
    12 MR. BOLZ: And so, he has now filed a motion
    13 that, candidly, I don't believe is well taken, but
    14 he has thrown that in the mix right before he
    15 departs, and I just -- I cross-noticed that for
    16 hearing today. I'd like to hear it today. I'd be
    17 happy to hear it at the end of calendar.
    18 THE COURT: There is no way.
    19 MR. BOLZ: All right.
    20 THE COURT: There is no way. I've got 45
    21 UMCs today and I didn't get notice of this
    22 beforehand, so.
    23 MR. BOLZ: I did the best I could.
    24 THE COURT: No, I understand, I understand,
    25 and if you want to reset it, all right.

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 6
    1 So, here is what I would like to do, okay?
    2 I'm going to enter the order granting Mr. Trent's
    3 Motion to Withdraw. I'm not going to stay the
    4 case, quote, unquote, "stay the case," but I would
    5 ask you, sir, not to reschedule that hearing --
    6 actually, it's a Motion for Re-Hearing, right?
    7 MR. BOLZ: Yes, sir.
    8 THE COURT: Then, it's not supposed to be
    9 set for hearing. It's supposed to be considered
    10 by the Court, in writing; am I accurate?
    11 MR. TRENT: That is my understanding.
    12 THE COURT: That is my understanding of how
    13 Motions for Re-Hearing are scheduled.
    14 MR. BOLZ: It was filed under the trial
    15 rule, which is inapplicable, but that's something
    16 else.
    17 THE COURT: Okay, fair enough.
    18 MR. BOLZ: So, if you want me to brief it in
    19 writing, I will, Your Honor, whatever you want.
    20 THE COURT: Okay. Then, I'll tell you what.
    21 I'm not going to stay the case, as I indicated,
    22 but I would ask you not to set that, if it can be
    23 set, for any sooner than 20 days from now. How
    24 about that?
    25 But if somebody wants to send out discovery

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 7
    1 or somebody wants to schedule other things, but
    2 I'm not going to just chill the case for 20 days,
    3 all right? Thank you, gentlemen.
    4 MR. BOLZ: Thank you, Your Honor.
    5 THE COURT: And would you please put on here
    6 the address for the Defendants? Because all it
    7 has is the email address.
    8 MR. TRENT: Yes, Your Honor.
    9 THE COURT: Okay. Let me hand you this.
    10 MR. TRENT: All right. So, it is my
    11 understanding there are not to be any hearings in
    12 the next 20 days. Is that consistent with your
    13 ruling?
    14 THE COURT: Yes.
    15 MR. TRENT: All right.
    16 THE COURT: I'm asking a courtesy by
    17 Plaintiff's counsel not to set that motion, if it
    18 can be set for hearing, within the next 20 days.
    19 MR. BOLZ: We will not set anything for the
    20 next 20 days, Your Honor.
    21 THE COURT: Thank you, sir.
    22 MR. TRENT: Thank you, Judge.
    23 (Thereupon, the proceedings were concluded
    24 at 9:00 o'clock a.m.)
    25

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181
    Page 8
    1 CERTIFICATE OF REPORTER
    2 STATE OF FLORIDA
    3 COUNTY OF PALM BEACH
    4 I, Karmen Dickerson, Court Reporter, certify
    5 that I was authorized to and did stenographically
    6 report the foregoing proceedings, and that the
    7 transcript is a true and correct record of my
    8 stenographic notes.
    9 I further certify that I am not a relative,
    10 employee, attorney, or counsel of any of the
    11 parties, nor am I a relative or employee of any of
    12 the parties' attorneys or counsel connected with
    13 the action, nor am I financially interested in the
    14 action.
    15 Dated this 9th day of June 2017.
    16 _____________________________________
    17 Karmen Dickerson, Court Reporter
    18
    19
    20
    21
    22
    23
    24
    25

    JULIO A. MOCEGA & ASSOCIATES


    (305) 374-0181

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