Sweatman Jonathan Russell 07 11 23 Sweatman Depo Cond Ocr¶

IN

THE

SUPERIOR STATE

CIVIL

JONATHAN

ACTION

COURT OF

OF

DEKALB

COUNTY

GEHORGIA

FILE

NO:

21CV9795

SWEATMAN,

Plaintiff, Vv.

SARAH

ZEEMAN,

Respondent/Counterclaim Petitioner, V.

JONATHAN

SWEATMAN,

Counterclaim

Videoconferenced JONATHAN

the

RUSSELL

to

SWEATMAN,

notice

with

parties

July

11th,

10:33

a.m.

p.m.

deposition taken

Respondent/Counterclaim

pursuant

of

Barbara

on

of behalf

of

Petitioner,

and

agreement

of

counsel,

appearing

remotely,

on

Tuesday,

2023,

and

commencing

concluding day,

at

at

the

the

the

same

J.

Memory,

Registered

Certified

Georgia

Reporter,

Respondent.

remotely

hour

hour

of

reported

of

12:53 by

Professional

Reporter.

CERTIFIED

(G(O) AdvancedONE is now LEGAL

pLEXITAS

JONATHAN

SWEATMAN

v

JONATHAN RUSSELL

SARAH

Pages

ZEEMAN

SWEATMAN,

Page 1 2

3 4

2

Sweatman:

3

TIMOTHY

L.

MITCHELL,

T.

COOKE,

6

275

Scientific

Peachtree

4

Sanchez

&

Zimet,

LLP

Georgia

ccooke@cmlawfirm.com

on

behalf

of

Sarah

15

JEFF

BANKS,

970

&

17

ESQUIRE

Riedel,

Walnut

6

-

FO

11

PC

12

Street

Georgia

31201

13

478.254.3230

banksnriedel@gmail.com BRETT

LEDERMETIER,

McLain 16

Banks

9

Zeeman:

ANTHONY MORISI Macon,

14

Mr.

10

Banks

13

By

8

10

12

. . Examination

SWEATMAN

7

9

11

RUSSELL

30092

404.881.2622

remotely

4

EXAMINATIONS

6

tmitchell@cmlawfirm.com

Appearing

OF

Page JONATHAN

5

Drive

Corners,

INDEX

ESQUIRE

ESQUIRE

Cruser, Mitchell, Novitz, Meridian II, Suite 2000

8

Page 1

Appearing remotely on behalf of Jonathan

5

7

2

APPEARANCES

CHELSEA

2..5

07/11/2023

11625

&

Alpharetta,

15

ESQUIRE

Merritt,

Rainwater

14

PC

16

Drive,

Suite

125

Georgia 30009

17

404.365.4566

18

bledermeier@mmatllaw.com 18

19

19

NOAH

CALDWELL,

ESQUIRE

20

1355

Peachtree

Street,

Swift,

Currie, McGhee & Hiers,

Atlanta, 21 22

23

Georgia

NE,

LLP

Suite

20

300

21

30309

404.888.6203

22

noah.caldwell@swiftcurrie.com Also

Remotely

Present:

23

Sarah

Julia

Zeeman

24

Respondent /Counterclaim 24

Petitioner

25

-

25

Page 1

FIRM

DISCLOSURE

OF

NO

CONTRACT

the

Rules

Description

4 1

Photograph Survey and

and

5

3

Letter

pursuant

Regulations of the Board of Court Reporting of

6

the

7

Reporting,

8

Legal/Lexitas to provide court reporting

9

. services

for

10

contract

that

11

15-14-37(a)

12

an deposition.

1 Council

Inc.

There

10.B

No.

5

13

hereby

was

. this

is

and

of

oof

of

; Georgia,

contacted

a deposition

prohibited

(b)

by

h that

Memory

6 7

9

0O.C.G.A.

to

provide

11

services between Memory Reporting,

. person with whom Memory Reporting, Inc. has a

16

principal

17

attorney

and

agency

law

in

relationship,

this

action,

Inc.

nor

or any

14

any

15

16 17

20

this

an

attorney

Diana

2021

Sweatman

of

Two

Houses

at

law

Photograph

of

Posts

. in

Ground

72

9

i iti Photograph of Air Conditioner

74

17

Photograph

74

Conditioner

and

Pad

of

Air

Conditioner

; in

14

Photograph of Turquoise PVC

Drain Pipe

Turquoise

93

Photograph

16

Photograph of a Tree Stump

23

have

been

disclosed

and

customary

offered to

24

all

rates

20 21

parties.

22

of

with

15

and

Lo

23

en

24

25

(G(O) AdvancedONE is now LEGAL

42

64

19

usual

29

to

Photograph of Two Air

18

Reporting's

from

in

action.

Memory

°

and

Zeeman June 25,

Any and all financial arrangements beyond

22

5

26

and Pad

action, or party having a financial interest in for

13

party to this

this

agent

2019

13

19

or

Sarah Dated

Photograph .

and Air

18

action,

to Ms. Letter

Conditioners

reporting

15

at

8,

17 22

10

for the taking of this

contract

December

Plan

Question

12

no

Site

Ms. Sarah Zeeman 5

11

is

Page

of Deck Proposed

Dated

Jonathan

no

14

21

8

. is

EXHIBITS

from Diana and Jonathan Sweatman

AdvancedONE

and there by

PLAINTIFF'S

3 4

4

cial Judicial

do

OF

2

I,

Article

Memory,

INDEX

; disclose

3

to

J.

Page 1

2

Barbara

3

pLEXITAS

PVC

Pipe

94

96

5

JONATHAN

SWEATMAN

JONATHAN RUSSELL

v

SARAH

Pages

ZEEMAN

SWEATMAN,

6..9

07/11/2023 Page

6

Page

1

JONATHAN RUSSELL SWEATMAN,

1

2

having been produced and first duly sworn,

2

3

testified as follows:

3

A.

Correct.

4

EXAMINATION

4

Q.

And you're an airplane salesman?

5

6

7

BY MR.

BANKS:

Q.

Mr.

Sweatman,

+My name is Jeff Banks.

8

Q.

Okay.

Designs?

5

A.

Correct.

we met a few weeks ago.

6

Q.

And --

I represent Ms.

7

A.

My title is —- my title is regional

Zeeman.

Have you ever had your deposition

8

sales director.

9

taken before?

9

10

A.

No.

10

there anybody else with Cirrus working in

Q.

Okay.

|11

DeKalb County?

11 12

Just a few couple brief points

= about it.

Q.

Okay.

And as far as you know,

12

A.

No.

Q.

The reason I'm asking you that,

13

This is our opportunity to kind of

13

14

get to hear your story before we go to court,

14

15

and your lawyer,

15

obviously,

16

hear Ms.

16

buddies and relatives on the jury.

17

questions and you have to answer them.

17

18

This kind lady that

18

deposition,

19

constructed a fence,

of course,

Zeeman's story.

is going to get to

I get to ask you

just swore you in

19

is taking down everything we say,

20

a couple rules on that.

so as far as

I'11 try not to talk

21

over you and you try not to talk over me.

22

easy to -—- it's easy to do,

case we were to have a jury trial,

It's

For the purpose of the —- this

the fence is up now.

When did you -—- when did you

|21

construct that?

22

date.

It can being an approximate

life a living hell because she can't write down | 23

A.

October 2021.

24

what both of us are saying at once.

I'm

24

Q.

Okay.

25

probably as bad about it as anybody else.

25 Page

But sometimes,

unfortunately,

7

Page

but she

2

A,

Yes,

And I'll try not to do that,

3

Q.

And the previous fence,

to pause in the middle of my question, likes an answer.

4

but if I do,

you might start an answer before I

5

finish the question.

6

very difficult to read later,

And again,

that makes it

because she's

4

No,

A.

Nobody knows that.

8

11

understand it," and I'll rephrase it.

13.

Just say "I don't

And other than that,

just —- just

answer the questions.

14

And if you have any questions for me

15

about how we're -—- how this works,

16

welcome to ask.

17

A.

Thank you.

18

Q.

Okay.

19

= record.

20

A.

Jonathan Russell

21

Q.

Okay.

22

you're

Okay?

And Mr.

Sweatman.

Sweatman,

any relatives in DeKalb County?

do you have

sir.

Nobody can

establish that.

9

Q.

So it was there when you moved in?

10

A.

No,

11

Q

It was there after you moved in?

12

A

Yes,

13

Q.

So you lived there,

14

sir.

sir. but you no — but

you have no idea who put it up?

15

A.

That is correct.

16

Q.

Okay.

17.

State your full name for the

that was put

correct?

Who put the previous fence in?

7

If you don't understand my question,

in by the builder,

Q.

going to type up all this stuff so we'll have a

you won't hurt my feelings.

sir.

A.

transcript of it.

But it wasn't there when

—

what year did you move in?

18

A.

1994.

19

Q.

And you didn't pay for the fence;

20

somebody else did?

21

A.

That is correct.

22

Q.

Who was your neighbor back then?

23

A.

My wife.

23

A.

John Thompson.

24

Q.

Okay.

24

Q.

Have you spoken to him about this

25

A.

Correct.

25

case at all?

No others?

(QO) AdvancedONE is now LEGAL

9

Is that okay?

6

8

10

that.

5

7

12

if I have a question about

1

3

9

So I'm going to refer to that

as the "new fence,"

I tend

2

in

you know,

I know you ——- you -- you

23

1

is

we don't want your friends and

Okay.

20

but it makes her

8

And do you work for Cirrus

pLEXi TAS

JONATHAN

SWEATMAN

JONATHAN RUSSELL

v

SARAH

10

Page

A.

I have.

1

2

Q.

And when did you speak to him?

2

3

A.

18 to 24 months ago.

3

4

Q.

Do you have his phone number?

4

5

A.

I do.

5

Q.

Do you have it on you,

6 7

9

or is it

A.

now,

I'm —- I'm — I'm looking at it right

as it happens.

A.

Yes,

Q.

Okay.

the lot. A.

Because you said you bought

So it was a lot with a house on it? I — I did not say I bought the lot.

Q.

The old fence between the houses,

7

at's identical to the fence along the back of

8

the —- of the property,

9

A.

I'm sorry.

Q.

Can you give it to me?

10

question cut off there.

11

A.

Area code —- excuse me.

11

repeating it,

THE WITNESS:

Chelsea,

Tim,

is

12

Q.

correct?

The beginning of your

10

12

12

sir.

I bought the house on the lot from the builder.

6

something that you'll need to provide?

8

10..13

07/11/2023 Page

1

Pages

ZEEMAN

SWEATMAN,

Would you mind

please?

Yes.

The fence between your —-

13

there any reason why I wouldn't share

13.

your -- your property,

14

my previous neighbor's phone number

14

talked about as the old fence,

15

with Mr.

15

identical in construction and materials as the

Banks?

16

MR. MITCHELL:

17

THE WITNESS:

18 19

Area code BY MR.

(Indicating).

fence along the back of yours and Ms.

Okay.

17

property;

(405)840-1119.

18

20

Q.

21

= put up?

22

A.

No,

23

Q.

It's just been there as long as you

24

can remember?

25

A.

No,

And do you remember it being

I do not.

that's too broad a statement.

Zeeman's

isn't that correct?

I can't speak to that because that

19

fence has now been gone for two years,

20

can't tell you whether it's identical or not.

21

I don't know.

22

Page

1

A,

what we

the old fence is

16

BANKS:

Okay.

the old fence,

Q.

Well,

so I

the new fence -- did you —- did

23

+you actually -- were you the one that installed

24

the new fence?

25

A.

Yes,

1

Q.

Okay.

sir.

11

It's not as long as I can remember.

Page

2

Q.

Did you have -—-

2

plank by plank,

3

A.

I can clari