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IN THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2010 CP 863 SB

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IN RE: ESTATE OF NICOLA H. AMEY
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Deceased.
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Erics Anyzeski as the Personal
Representative of the Estate of
Milton Lain Benjamin,

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Petitioner/Counter Respondent,
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vs
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LOWELL AMEY VAN VECHTEN and as
Personal Representative and
Trustee o the Estate of Nicola
H. Amey, Deceased
Respndent/Counter Petitioner.
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- - TRANSCRIPT OF THE PROCEEDINGS BEFORE
THE HONORABLE MARTIN H. COLIN
- - MOTION TO SET HEARING ON PETITIONER FOR ORDER
AUTHORIZING PAYMENT FOR ATTORNEYS FEES AND
COSTS AND MOTION TO INTERVENE
- - -

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Delray Beach, Florida
Thursday, April 2, 2015
9:37 a.m. - 9:51 a.m.

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Stenographically Reported by
Mary Ann Hengstler, RPR
Notary Public, State of Florida

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Florida Court Reporting
(561) 689-0999

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APPEARANCES:

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LAW OFFICE OF GARY E. SUSSER, P.A.
2755 S. Federal Highway, Suite 13
Boynton Beach, Florida 33435
561.735.4636
courtdocs@susserlaw.com
Counsel for Gary Susser, P.A.

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ROBERT P. BISSONNETTE, P.A.
2550 N.E. 15th Avenue
Wilton Manors, Florida 33305
954.561.5554
Counsel for Erica Anyzeski

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SHERI L. HAZELTINE, P.A.
800 Palm Trail Plaza, Suite 3
Delray Beach, Florida 33483
561.243.4655
Counsel for Lowell Van Vechten

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BE IT REMEMBERED that the foregoing

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proceedings were had before the HONORABLE MARTIN H.

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COLIN, in Chambers, in the South County Courthouse,

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Delray Beach, Florida, on Thursday, April 2, 2015,

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starting at 9:37 a.m., with appearances as hereinabove

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noted, to wit:

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*

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MR. SUSSER:

*

Good morning, sir.

For the

record, Gary Susser on behalf of Gary Susser, P.A.

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in the Amey case, on a motion to intervene and a

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motion to set a hearing on fees.

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THE COURT:

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MR. SUSSER:

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THE COURT:

Can I see the paperwork?
Yes, sir.
Sure.

May I approach?

Oh, wait, I do have it.

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Well, I see the motion to set a special set

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hearing.

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second.

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Let me find the motion to intervene.
I have that.

Okay.

So first of all, this is the Estate of

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Nicola Amey, 2010 CP 863.

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appearances, tell me who you represent.

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One

MR. SUSSER:

Counsel, make your

Good morning, Your Honor.

For

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the record, my name is Gary Susser.

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who has two motions before the Court this morning

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on a motion to intervene and --

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THE COURT:

I'm the movant

Who do you represent?

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MR. SUSSER:

I represent the Law Office of

Gary E. Susser, P.A., who's the lienor.

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THE COURT:

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MR. BISSONNETTE:

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Okay.

Robert Bissonnette on

behalf of the petitioner in this matter.

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MS. HAZELTINE:

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THE COURT:

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MR. BISSONNETTE:

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Thanks.

Sheri Hazeltine --

The name?
Oh, I'm sorry.

Anyzeski as personal representative for the Estate

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of Milton Lain Benjamin.

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MS. HAZELTINE:

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Sheri Hazeltine, I'm the

attorney for Lowell Van Vechten.

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Erica

THE COURT:

Okay.

So before we go, have you

made the disclosure to the other side of --

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MS. HAZELTINE:

I did to Mr. Goldsmith, but

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now he's popped back up even though she terminated

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him.

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THE COURT:

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MR. BISSONNETTE:

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MS. HAZELTINE:

Who's Mr. Goldsmith?
Appellate counsel.
Well, he's appellate counsel.

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But now since he's re-entered, no, I have not, Your

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Honor.

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THE COURT:

All right.

And how about to Mr.

Bissonnette?
MS HAZELTINE:

No, I have not, Your Honor.

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THE COURT:

Okay.

So spend a minute.

Talk

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to them outside, make the disclosures and then

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we'll come back in.

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MS. HAZELTINE:

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THE COURT:

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Okay.

THE COURT:

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MS. HAZELTINE:

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MS. HAZELTINE:

Okay.

All right.

He'll have to reset his

hearing.

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THE COURT:

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MR. SUSSER:

Yeah, I can't -I was going to say, it was news

to me what I just found out.

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Mr. Susser objects, Your

Honor.
THE COURT:

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Thanks.

All right.

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Thank you, Your Honor.

(Off the record).

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Okay.

THE COURT:

Okay.

That's why we make what we

call a disclosure.

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MR. SUSSER:

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THE COURT:

Yeah.
Can't disclose until it's, you

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know, ripe to disclose.

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I'm going to do -- do I have anything pending on --

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I mean, I've ruled on this case before, I know

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that.

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MR. SUSSER:

So...

All right.

So what

You have two mandates from the

4th DCA on two of your orders.
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MS. HAZELTINE:

Well, he has two motions,

though, that he filed.

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MR. SUSSER:

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MS. HAZELTINE:

Correct.
And he set this hearing today

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on his motion to set an evidentiary hearing on his

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two motions.

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So that's all that's been --

THE COURT:

Okay.

So that I have two

mandates that I received?

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MR. SUSSER:

Yes, sir.

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THE COURT:

Recently?

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MR. SUSSER:

January.

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THE COURT:

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Okay.

Oh, but people just didn't

set things --

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MR. SUSSER:

Correct.

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THE COURT:

Oh, okay.

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MR. SUSSER:

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Nothing's been done.

So that's why I moved to

intervene to try to set hearings because --

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MS HAZELTINE:

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MR. SUSSER:

It's on his fees.
It's on the issue from the Court

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of Appeals on the award of appellate fees,

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Mr. Goldsmith's fees, as well as my fees and my

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lien.

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THE COURT:

What I'm going to do, though, is,

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based upon Ms. Hazeltine's involvement in the case

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and disclosure and your request, you don't have to
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file a motion, I'm just going to enter an order

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that reassigns the case to, at random, and it will

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either go to Judge French or Judge Gillen.

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MR. SUSSER:

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THE COURT:

Thank you, sir.
And then those matters that need

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to get set you'll reset before them, et cetera, et

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cetera.

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MR. SUSSER:

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MR. BISSONNETTE:

Very good, sir.
May I ask a question?

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Because on the fee issue, you know, obviously you

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were the presiding judge at trial, and you're going

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to have more familiarity with the -- are you

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assigning just Mr. Susser's motions out?

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if they're denied, I would prefer that the post

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appeal issues be decided by Your Honor.

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THE COURT:

Because

You know, your -- here's the

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thing.

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simple way, and it has, it's worked up 'til now.

I kind of like to do this in the most

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When someone objects to me hearing a matter,

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I don't just step off the matter, I recuse myself

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on the case.

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another judge.

The case then will get reassigned to

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MR. BISSONNETTE:

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THE COURT:

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Understood.

If, if for some reason that

matter resolves itself the way you just described,
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there may be a legal way of having it transferred

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back, but that really never -- that just doesn't

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work, because any judge can hear it.

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So I wouldn't count on that.

That makes it

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more messy than not.

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Mr. Susser definitely has the right to have it

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reassigned.

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So, okay.

It doesn't happen often, but

I'll get an order out.

Does

anyone have envelopes by the way?

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MR. SUSSER:

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MR. BISSONNETTE:

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THE COURT:

Yes, sir.
Judge, if I may just --

See, I really don't want to --

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you know, Mr. Susser has taken his position.

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sustaining his position.

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MR. BISSONNETTE:

I'm

And so I don't want to --

No, I just -- I'm not

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trying to be coy or argumentative with the Court.

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I just wanted to point out that Mr. Susser is, he's

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not a party.

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intervene.

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respectfully, an interloper.

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He hasn't been permitted to
He is, in essence, and I mean this

THE COURT:

Okay.

His interests --

So based upon his

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interloping, I'm allowing -- I'm sustaining his

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position.

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MR. BISSONNETTE:

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THE COURT:

Okay.

And, you know, and that's --

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MR. BISSONNETTE:

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THE COURT:

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He can interlope somewhere else.

Okay.

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MS. HAZELTINE:

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MR. SUSSER:

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Okay.

Thank you.

Thank you, Your Honor.

(Proceedings were concluded at 9:51 a.m.)

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C E R T I F I C A T E

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THE STATE OF FLORIDA

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COUNTY OF PALM BEACH

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I, Mary Ann Hengstler, Registered Professional

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Reporter, do hereby certify that I was authorized to

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and did report the foregoing proceedings at the time

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and place herein stated, and that the foregoing is a

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true and correct transcription of my stenotype notes

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taken during said proceedings.

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IN WITNESS WHEREOF, I have hereunto set my hand
this 24th day of September, 2015.

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_________________________________

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MARY A. HENGSTLER
Registered Professional Reporter

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Florida Court Reporting
(561) 689-0999