Settlement Conference Transcript Ocr¶

IN

JONATHAN

THE

SUPERIOR

COURT

STATE

GEORGIA

OF

SWEATMAN,

DEKALB

COUNTY

)

Petitioner,

)CIVIL

V. SARAH

OF

ACTION

FILE

NO.

)21C0V9795-7 ZEEMAN,

)

Respondent,

)

10 11 12

REPORTER'S

TRANSCRIPT

SETTLEMENT

13

HONORABLE

14

TUESDAY,

15 16 17

18 19 20 21 22

23 24

25

DAVID

MAY

OF

PROCEEDINGS

CONFERENCE

IRWIN,

28,

2024

JUDGE

APPEARANCE

FOR

THE

PAGE

PLAINTIFF:

ROSE

LITIGATION;

LLC

BY:

LISA

K.

ROSE,

4880

LOWER

SUITE

CRUSER,

ROSWELL

ROAD

165-222

MARIETTA,

(678)

ESQUIRE

GEORGIA

30068

806-8188

MITCHELL,

NOVITZ,

SANCHEZ,

COOKE,

ESQUIRE

GASTON

&

ZIMET,

LLP

BY:

CHELSEA

275

10

T.

SCIENTIFIC

MERIDIAN

SUITE

2000

PEACHTREE

11 12

FOR

13

BANKS

14

BY:

THE

DRIVE

II

CORNERS,

GEORGIA

30092

DEFENDANT:

&

RIEDEL,

PC

JEFFREY

S.

BANKS,

WALNUT

STREET

970

MACON,

15

GEORGIA

ESQUIRE

31201

Jeffsbank@hotmail.com (478)

16 17

MCLAIN

&

MERRITT, BRETT

18

254-3230

3445

SUITE

PEACHTREE

ROAD,

LEDERMETER,

BESQUIRE

NORTHEAST

500

ATLANTA,

19

PC

MICHAEL-SCHIFF

GEORGIA

30326

Bledermeier@mmatllaw.com (404)

20

365-4564

21 22

23 24

25

REPORTED

BY:

TAMIKA

M.

BURNETTE,

CSR

NO.

2870

Tuesday, 9:00

May

28,

2024

a.m.

PROCEEDINGS

THE

I

was

was

too

the

COURT:

worried

other

All

about

right.

your

co-counsel's ROSE:

Chelsea

10

THE

COURT:

Okay.

11

MS.

COOKE:

Could

tax

returns

13

production

14

asked

15

client's

16

2021,

17

for

the

tax

2022,

my

tax

--

returns and

the

be

I'm

with

a

guise

just

the

19

this

court

20

and

denied

21

that

the

22

would

23

the

24

subpoena

the

motion

financials

ask

tax

of

granted our

that

so

to

his

for

thing

that

sorry,

my

year

of,

I

was

believe

2023.

responded

the

What

request

the

We

under

name.

limited

only

from

Rose,

Cooke.

original

documents, was

18

25

and

first

Ms.

name?

MS.

12

So,

the

to

be

that

sent the

out

of

they

When

documents did

say

available.

financials of

order

returns.

guash,

would

instead

Granted

tax

production

returns

was

protective

only

the

we

limited

subsequent

after

financial

be

But

this

court.

records,

which

to

also

and

included

we

asked

client's

that

account,

Your

excluded,

and

was

my

be

Honor,

that

originally

COURT:

tax

returns?

MS.

COOKE:

10

MR.

BANK:

11

THE

COURT:

12

MR.

BANK:

for

and

we

that

asked

outside

paperwork,

checking that

the

be

scope

that

for.

THE just

excluded

it's

asked

retirement

Did

they

Yes,

ask

Sir.

specifically

Yes,

Your

Honor.

13

punitive

14

that

15

returns.

I

16

the

iS

17

worth

18

are

19

However

20

accounts

21

subpoenaed

22

has

23

able

as

well.

court and

a

I

to

to

think

I

guess

a

question

--

is

his

COURT:

about

and

on

he

that

if

seeking

we

did

ask

for

his

--

well

as

punitive

that,

memory

refresh THE

we'tre

has

anticipate

all

them

severe

--

damages,

in

determining

don't and

may.

have

things in

respond?

We

subpoena

aware

his

I

You

and

But

did

relative

24

25

damages

May

the

his

--

as

are

--

damages.

checking

but

the

he's

on

the

stand

and

I

want

those

to

lapse,

tax

his

world

punitive

needing

about

reason

I

he be

memory. All

just

right.

And

a

bit.

little

I'm

going

You-all

Just

sort

of

give

me

a

two

about.

It

is

line

give

me

minute says

--

and

on

each

I

one

check

of

you-all

what

my

form,

iS

a

Yes,

Your

Honor.

this

case

property

dispute. MS.

client, claims

the

ROSE:

plaintiff,

one

person

10

you

don't

11

Thumb

12

lifting

COURT:

IT

standing

on

each

makes

you

mind

sitting this

Sweatman,

filed

it up

ROSE:

14

plaintiff

relate

15

defendant

that

16

So

17

trespass

18

removed.

we're

here

I

I

side. a

So

little

have

a

seeking claims

an to

20

encroachment

21

property

line,

are

22

property

or

or

23

about?

--

over

have

the

Okay.

building,

we a

the

only

want

--

so

if

I'm

Tom

--

hard

on

time

home

or

three

Now

or

from

an

the

the

line.

encroachments

say

about

what

of

alternative

when

let's

talking

behalf

boundary

injunction

COURT:

or

claims

encroachments

extend

THE

are

and

Our

to

19

24

understand.

arm.

MS.

13

These

Jonathan

My

-THE

25

a

are

you

on

say

the

commercial we

talking

MS.

ROSE:

Thank

you,

Your

Honor.

two

residential

lots

built

by

the

original

builder.

two

HVAC

air

that

has

been

and

a

conditioning extended

the

garden

property

our

position

that

those

the

defendant

have

extended

by

line will

and get

counterclaims

counter a

turn

one,

to

to

that

asserting

a

line

recent

and

speak.

window

over

obviously

They

claim

the

asserted

for

adverse

possession. There

11

is

12

property

the

13

opposing

party

is

14

feet

the

back

15

my

from

client's

17

instead

18

about?

19

of

a

fence

fence

has

been

seeking pin

that

a

abutted

the

relocated

and

taking

100

running

to

of the

linear

street

of

property.

THE

16

COURT:

the

100.

linear,

MS.

ROSE:

THE

COURT:

How

many

are

we

what

Two

feet

--

--

how

--

talking

two

feet,

eight

inches.

21

client's

MS.

ROSE:

24

THE

COURT:

that

the

property

What's

the

value

of

your

home?

23

25

over

a

It's

defense

22

units,

contained

deck.

property

20

encroachments

wall

changes

10

The

Of

the

home?

Of

the

home

and

the

house

sits

on,

ball

parking.

What's

the

MS.

ROSE:

THE

COURT:

the

value

tax

--

I

don't

know

Well,

give

land

says.

tax

of

your

client's

MR.

LEDERMETER:

THE

COURT:

that

me

I

have

the

tag.

Okay.

home

and

--

What's

the

property?

thus

far

$30,000

you-all

All

each

spent

and

four

have

between

two

talking

about?

what

we're

11

take

away

12

air.

the

All

HVACs

believe

Okay.

on

10

13

We

of

right.

And

between

20

feet.

Besides

the

700,000.

Is

let's

and

--

the

heating

that

what

we're

right? MS.

ROSE:

Yes.

15

THE

COURT:

Is

in

city

of

Decatur

City

of

Brookhaven.

about?

17

the

Is

it

the

or

talking

is

it

in

--

18

MS.

ROSE:

19

THE

COURT:

20

right.

So

21

million

dollar

22

IT

23

widthwise?

really

understand

MS.

24

25

that

that,

14

16

and

inches

that

Brookhaven.

we're

homes

ROSE: runs

the

talking

about

we're

talking

and

correctly,

Okay.

two

All

less

about,

to

four

feet

Widthwise,

two

feet,

span

hundred

of

a

than if

eight

feet.

THE

what

would

mentioned

to

that

know,

When or

you

in

a

like

to

minute

MR.

BANK:

THE

COURT:

10

was

11

issues.

12

professional

13

right.

sir.

like

that,

and

I'm

had

back

I

continued

I

no

longer

to

with

MR.

BANK:

Start

15

THE

COURT:

I'm

16

they

filed

some

against

17

four

feet.

I

you.

my

with sure

you

over

All

right.

THE

COURT:

20

MR.

BANK:

Yes,

sir.

21

THE

COURT:

Is

because

of

the

land,

of

water?

right?

MR.

24

25

The

my

--

flow

BANK:

--

excited

surgery

when

to

back

have

I

All

Well,

it

Water

No,

nuisance.

nuisance

19

23

you

listening.

for

BANK:

landscape

also

height.

MR.

the

frankly,

come

play

18

22

to

me.

14

got

You've

getting

so

why

Now,

going

I'm

mean

basketball

talk

I'm

We're

may,

I

me?

guite

Yes

doesn't

That's

and

Say.

You

right.

with

to

up

college

So

share

because

needless

stand

All

damages

--

anything in

Okay.

punitive

I'm

I

COURT:

two

was

for

if

feet

they,

or

water.

runoff?

the

the

the

changing

water

changed,

piped

water

over

of

to

THE

that's going

was

COURT:

true. to

this

That

Okay.

part

That's

is,

it's

talk

about

then

go

MR.

BANK:

But

anyway,

--

this

month,

the

builder

Her

house

this

house

these

is

houses

apparently

30 are

30

on

THE

COURT:

to

real

11

MR.

BANK:

Yes.

12

THE

COURT:

All

right.

13

MR.

BANK:

Yes.

And

14

according

true.

The

deed

property

old

read

to

that's

got

that

part.

16

MR.

BANK:

But

at

some

--

2020

he

a

doing

the

work

got

to

his

19

THE

COURT:

20

MR.

BANK:

21

they

found

22

over

the

25

a

result

of

MR.

survey

and

survey.

in

May

--

--

that's

at

some

because

he

was

property. Good

yes,

it

property THE

23 24

that

of

is. I

18

a

as

law?

COURT:

in

are

him

THE

point

and old

and

15

17

we

happened

years

line

belongs

estate

feet

what

years

couldn't

It

two

If

ahead.

is

10

the

bad.

was

thing Sir.

two

to And

foot

do. that's

eight

when

inches

line.

COURT:

And

then

what

happened

as

that?

BANK:

The

--

the

fence

dividing

the

property,

two

foot.

he

tore

it

down

Was

it

THE

COURT:

MR.

BANK:

It

THE

COURT:

I

has

a

decides

was

and

his

he

moved

it

fence?

built

by

the

builder.

everybody or

the

fence

neighbor's

fence.

All

My

right?

fence

10

so

I

call

it

11

move

into

the

house?

12

MR.

BANK:

2007.

13

THE

COURT:

When

14

into

the

my

know,

fence.

MS.

ROSE:

16

THE

COURT:

did

you

--

did

he

put

MS.

ROSE:

19

THE

COURT:

bought

the

MS.

ROSE:

22

THE

COURT:

23

MR.

BANK:

25

the

the

one

when

did

did

I

fence

put

your

--

up,

client

your

client

move

he

probably

--

Okay.

So

up

the

fence?

Your

Honor.

No,

It

was

there

when

he

house?

21

24

their

who

1994,

18

20

--

it's

is

So

when

house?

15

17

but

No,

You

The

Your

put

--

Honor.

up

the

the

fence?

builder

built

fence.

THE

COURT:

Again,

this

is

why

we're

10