1
1 IN
THE CIRCUIT COURT OF THE 11TH
JUDICIAL
CIRCUIT, IN AND FOR
2 DADE
COUNTY, FLORIDA
3 GENERAL
JURISDICTION DIVISION
4 CASE
NO.: 93-13312 FC 16 (PJ)
5
6
7 IN RE: THE MARRIAGE OF:
8 SYBIL
ZISKIND
9 n/k/a
SYBIL HART,
10 Petitioner/Former
Wife,
11 and
12 DAVID ZISKIND,
13 Respondent/Former
Husband.
/
14
15
16
17
18 The
above-styled cause came on for hearing
19 before
the HONORABLE MAYNARD GROSS, Circuit Court
20 Judge,
at Dade County Courthouse, 73 West Flagler
21 Street,
Miami, Florida, on Monday, February 8, 1999,
22 at 10:30
a.m.
23
24
25
2
1 APPEARANCES:
DR.
DAVID ZISKIND
2 [By
Dr. David Ziskind]
721
Amherst Avenue
3 Davie,
Florida 33325
On
behalf of the Respondent/Former Husband
4 Pro
se
5
6 LAW
OFFICES OF MARKS & WEST, P.A.
[By
Evan R. Marks, Esq.
7 and
Naseem Dhanani, Esq.]
NationsBank
Tower, Suite 2700
8 100
S.E. Second Street
Miami,
Florida 33131
9 On
behalf of the Petitioner/Former Wife
10
11 ALSO
PRESENT: Nadine Mendelsohn, Wife of
David
Ziskind
12 Sybil
Hart, Appeared via telephone
13
14 INDEX
15 WITNESS
16 DAVID
ZISKIND
17 Direct
Examination by Mr. Marks . . . . . . . . . . . . . . . Page 10, 16
18
19
20
21 EXHIBITS
22
23 NONE
24
25
GOLDMAN, NACCARATO, PATTERSON & VELA (305) 545-8434
3
1 THEREUPON:
2 The following proceedings were had:
3 THE COURT: Let's start on my left with the
4 appearances for the record.
5 MR. MARKS: I am Evan Marks. With me
today is
6 Naseem Dhanani, my associate. We are from the law firm
7 of Marks & West, P.A. We represent the former wife,
8 Sybil Hart, formerly known as Sybil
Ziskind.
9 MR. ZISKIND: I am David Ziskind. I am
10 representing myself pro se. I am the former
husband.
11 With me is Nadine Mendelsohn, who is
assisting me. And
12 she is also my wife.
13 THE COURT: We
are here on the former wife's motion
14 for contempt; is that correct?
15 MR. MARKS: Yes,
Your Honor. But to the
16 extent that Ms. Mendelsohn is not an
attorney, I would
17 object to her assisting the pro se
litigant, who has an
18 absolute right to represent himself.
19 THE COURT: I
will deal with that --
20 MR. ZISKIND: She is not here to assist me
21 with legal things. I have files that I need
to find,
22 and she is helping with that kind of thing.
23 MR. MARKS: Your
Honor, we filed a motion for contempt, sanctions and order to show cause. Does
the
25 Court have a copy of that motion?
GOLDMAN, NACCARATO, PATTERSON & VELA (305) 545-8434
4
1 THE COURT:
2 MR. MARKS: We filed two motions for contempt
3 that were set --
4 THE COURT: I have one dated December
18th.
5 But I don't know --
6 MR. MARKS: That is the first one. And then
7 we filed one that is dated January 6th.
8 THE COURT: January 6th.
9 MR. MARKS: I have extra copies if the Court
10 needs one.
11 MR. ZISKIND: I also filed a former husband's
12 motion for temporary attorney's fees, suit
monies, and
13 costs.
And that was filed on January 15th after I was
14 pro say, and also a motion to stay the
order on the
15 former wife's motion for temporary
attorney's fees.
16 That was also dated January 15th.
17 THE COURT: Mr.
Ziskind, I have got a package
18 -- when those came in -- I am not exactly
sure what you
19 set.
You set something for February 8th at 9:00. What
20 is this that you set? It says -- it is captioned
21 former husband's answer to former wife's
motion for
22 contempt incorporating former husband's
motion to
23 strike.
24 MR. ZISKIND: That is my answer to the
25 contempt motion.
GOLDMAN, NACCARATO, PATTERSON & VELA (305)
545-8434
5
1 THE COURT: That is not seeking the
2 affirmative relief. This isn't seeking any affirmative
3 relief.
It is a response.
4 MR. ZISKIND: That is a response.
5 THE COURT: So, what do you have noticed for
6 today?
7 MR. ZISKIND: For today, I am here to respond
8 to Mr. Marks in terms of the two motions
that he
9 special set, that is, the former wife's
motion for
10 contempt regarding attorney's fees and the
former
11 wife's motion for contempt; sanctions, and
order to
12 show cause.
13 THE COURT: Okay.
14 MR. ZISKIND: I would like to also move to
15 strike the attorney’s fees contempt motion
that
16 Mr. Marks is putting in today on the basis
that I am
17 appealing that order.
18 THE COURT: Yes. You are appealing my order
19 of December 21st; is that right?
20 MR. ZISKIND: I am appealing your order of
21 December 21st.
22 MR. MARKS: I
have a copy of it for you,
23 Judge. It is attached to the motion for
contempt of
24 January 6th. That is Exhibit A.
25 THE COURT: Okay.
GOLDMAN, NACCARATO, PATTERSON & VELA (305)
545-8434
6
1.
MR. ZISKIND: I am appealing that. I have
2.
submitted a motion that
you strike that order or vacate
3.
it.
4.
THE COURT: On the basis of what? You filed a
5.
motion for rehearing?
6.
MR. MARKS: No, Judge.
7.
THE COURT: Then why should I strike it?
8.
MR. ZISKIND: Your Honor,
let me just say that
9.
I am dealing pro se, and
I hope I don't annoy everybody
10.
too much with this.
11.
THE COURT: It doesn't annoy me at all.
12.
MR. ZISKIND: What I am trying to do is this:
13.
The order that you made
on December 21st for attorney's
14.
fees, I would ask that
it be stricken or vacated -- I
15.
am not sure what the
correct term is -- on the basis of
16.
I can't afford my own
attorney, let alone my wife's.
17.
That is why I am here
pro se. I am appealing that
18.
order.
19.
THE COURT: So, it is under appeal?
20.
MR. ZISKIND: Yes.
21.
THE COURT: Therefore, there is no more to
22.
talk about.
23.
MR. MARKS: However, it is not stayed. The
24.
effect of the order is
not stayed.
25.
THE COURT: I understand that. Do you
GOLDMAN, NACCARATO, PATTERSON & VELA (305)
545-8434
7
1.
understand that the
effect of the order is not
2.
automatically stayed?
3.
MR. ZISKIND: Then I would ask that you stay
4.
it.
5.
THE COURT: Who is on the phone?
6.
THE CLERK: Ms. Hart is on the phone.
7.
MR. MARKS: My client is on the phone. Can
8.
she participate in this?
9.
THE COURT: Is she here to testify?
10.
MR. MARKS: We have an order that allows her
11.
to testify --
12.
MR. ZISKIND: Is that a
permanent order for
13.
every appearance?
14.
MR. MARKS: Yes. We asked for that because
15.
she lives in Texas.
16.
THE COURT: Do you have any objection?
17.
MR. ZISKIND: I would prefer for her to be here
18.
for the proceedings.
19.
MR. MARKS: She will be here for the trial.
20.
MR. ZISKIND: When?
21.
MR. MARKS: When this case is ultimately set
22.
for trial.
23.
MR. ZISKIND: I would prefer for her to be here
24.
rather than do it by
telephone. There are a
25.
number of issues that
are going to be brought up by Mr.
GOLDMAN, NACCARATO1 PATTERSON & VELA (305)
545-8434
1.
Marks. There are a few things. For instance, there's
2.
3.
THE COURT: If it is a hearing of fifteen
4.
minutes or less, I have
the discretion to permit her to
5.
appear by phone.
6.
MR. MARKS: At this stage, Judge, the only
7.
testimony that she would
give would be in regard to the
8.
motion for
contempt-,sanctions, and order to show
9.
cause. She has already filed an affidavit --
10.
THE COURT: We only have twenty minutes to
11.
begin with.
12.
MR. ZISKIND: I have a question on the
13.
affidavit.
14.
MR. MARKS: Actually, that was the first
15.
motion that was set. So if we only do one thing today,
16.
I would like to get to
that.
17.
MR. ZISKIND: Can I ask a question about the
18.
affidavit?
It wasn't signed or notarized or anything
19.
like that.
Does that mean that it is as if she did it
20.
under oath?
The affidavit that I received a copy of
21.
was not signed, was not notarized.
22.
THE COURT: Hello, this is Judge Gross.
23.
MS. HART: Hello.
24.
THE COURT: We are about to commence a hearing
25.
on a motion for
contempt.
GOLDMAN, NACCARATO, PATTERSON & VELA (305)
545-8434
9
1.
MS. HART: Yes.
2.
THE COURT: Okay
3.
MR. MARKS: Now, Judge, I know we went into
4.
that previously. I am content, Judge, to just allow
5.
her to listen.
6.
THE COURT: I am not going to let her testify
7.
because there is no one
to assure that she is under
8.
oath or that it is in
fact, her. It could be anybody.
9.
MR. ZISKIND: I am not trying to be difficult.
10. I just---
11. THE COURT:
Your objection is sustained,
12. because there is nobody to swear her in.
13. MR. MARKS: We
are ready. Your Honor, we
14. filed a motion for contempt, sanctions and order to
15. show cause.
This is with regard to your order dated
16. August 31, 1998.
Particularly, we contend that
17. the former husband is in violation of paragraph three
of
18. that order,
that he had conversations--- I'm sorry,
19. Judge. Do you
have the order?
20. The former husband was prohibited from
21. engaging in conversations with the parties' children
22. that went beyond the scope of normal parental
23. conversations.
He was not to discuss with the children
24. any matters relating to the instant litigation or to
25. issues regarding the children's biological parentage.
GOLDMAN, NACCARATO, PATTERSON & VELA (305)
545-8434
10
1.
The evidence will show
that he willfully violated this
2.
order and that he should
be held in contempt of court.
3.
And holding him in civil
contempt by entering an order
4.
requiring him to show
cause at a future date. - The
5.
effect of the violation
of the order has been
6.
disastrous on the
parties' children. And we believe
7.
that punishment is
appropriate. The evidence will show
8.
that on December 10~998,
the former husband
9.
telephoned the parties'
youngest child, N, and
10.
informed her that he was
not her natural father.
11.
THE COURT: My question is: How are you going
12.
to establish this
without testimony?
13.
MR. MARKS: My first witness is Dr. Ziskind.
14.
THEREUPON:
15.
DAVID ZISKIND
16.
was called as a witness
on behalf of the Petitioner,
17.
and after having been
first duly sworn, was examined
18.
and testified as follows
19.
DIRECT EXAMINATION
20.
BY MR. MARKS:
21.
Q. Please, state your name.
22.
A. My name is David Ziskind.
23.
Q. Are you familiar with this
court's order on
24.
former wife's motion to
restrict the former husband's
25.
telephone contact dated
August 31, 1998?
GOLDMAN, NACCARATO, PATTERSON & VELA (305) 545-8434
11
1.
Yes
2.
Q. Did you have a telephone
conversation with
3.
your youngest child, N,
on December 10, 1998?
4.
A. Yes
5.
Q. That was during the evening?
6.
A. Yes.
7.
Q. And at that time did you inform
N that
8.
you were not her natural father?
9.
A. I confirmed it. She already knew.
10.
Q. What did you say to her in that
regard?
11.
A. She wanted to know if it was
true, and I told
12.
her, yes, it is
true. And I did not think that was
13.
something that I should
lie about. And, basically, I
14.
think it is very important to understand that
there was
15.
nothing about my telling
her that that would help me in
16.
this litigation. I had no ulterior motive -- no reason
17.
that could help me for telling her that. I thought
18.
that she needed to know
because it was important to
19.
her. And it was very important to her sisters who
20.
already knew about this
for two years and were saying
21.
somebody has got to tell
her. I did not tell her older
22.
sisters.
23.
Q. Did you tell her this
willingly?.
24.
A. Yes.
25.
Q. Did you--- When you say willingly, you mean,
GOLDMAN, NACCARATO, PATTERSON & VELA (305) 545-8434
12
1.
like was it on your own
free will?
2.
A. Yes.
3.
Q. Were you able to observe her
response?
4.
A. I couldn't observe her
response, because it
5.
was on the
telephone. But --
6.
Q. Did you hear any response? What did you hear?
7.
A. She told me that she already
heard about these
8.
things. She had heard rumors about it She wasn't
9.
sure if it was
true. And now she knows it is true.
10.
Q. Were you able to observe her
emotional state
11.
at that time?
12.
A. She wasn’t
very happy.
13.
MR. MARKS: Nothing further.
14.
MR. ZISKIND: I don't think anybody would be
15.
very happy to hear
something like that.
16.
MR. MARKS: Nothing further.
17.
COURT: Any further witnesses?
18.
MARKS: No, Your Honor.
19.
COURT: All right. We will rest on your
20.
contempt motion.
21.
MR. ZISKIND: Your Honor, basically, my
22.
statement is the
same. I had nothing to gain
23.
from telling her this,
as far as, this litigation
24.
is concerned. This is perfectly clear.
25.
THE COURT: So, notwithstanding my order of
GOLDMAN, NACCARATO1 PATTERSON
& VELA (305) 545-8434
13
1.
August 31, 1998 which
was rather specific, if I
2.
understand you
correctly, you intentionally, willfully
3.
violated that by
discussing the issue of biological
4.
parentage; correct?
5.
MR. ZISKIND: Yes, sir.
Your Honor, it was
6.
something that, as a
father, I thought I needed to do
7.
for all of the kid1s
welfare.
8.
THE COURT:--Despite my
ruling to the contrary?
9.
MR. ZISKIND: (Nods)
10.
THE COURT: Was that a yes?
11.
MR. ZISKIND: Yes, Your Honor
12.
THE COURT: The Court finds you in willful
13.
contempt of the order of
August 31, 1998. And I don't
14.
know which sanctions
will get your attention, Doctor.
15.
MR. ZISKIND: If she found out later that she
16.
had two sisters that
knew about this and didn't tell
17.
her -- and her sisters
already knew about it for a long
18.
time -- it would make
the situation much worse for her.
19.
And being young is a
better time to find out about
20.
something like that than
being older. It was a
21.
desperate situation as
far as I was concerned.
22.
THE COURT: The way that I hear the evidence
23.
and -- I decide whether
or not it should be
24.
communicated or
not. I made a decision on August 31st
25.
that it shouldn't be and
you violated it. I am finding
GOLDMAN, NACCARATO, PATTERSON & VELA
(305) 545-8434
14
1.
you in willful contempt
of court. As far as the
2.
sanctions, at this point
--
3.
MR. MARKS: Judge, if I may, we
have
4.
recognized that finding
him in willful civil contempt,
5.
you are limited in the
way of what you can do, striking
6.
the pleadings. And I know that you don't want to
7.
punish the children for
his conduct. We have also
8.
asked that you issue an
order showing cause why he
9.
should not be held in
contempt, civil contempt. He has
10.
a right to purge. There is no way he can purge himself
11.
of civil contempt after
the finding of civil contempt.
12.
We would just ask that
you award the attorney's fees
13.
that were incurred
relative to these proceedings and
14.
that you issue an order
to show cause why he should not
15.
be held in willful
contempt pursuant to the Rules of
16.
Criminal Procedure,
3.840, and then set a hearing on
17.
the criminal contempt at
that time for him to show
18.
cause and to, if
appropriate, impose sentence.
19.
MR. ZISKIND: Your Honor, is there some---
20.
This started because I
wanted to have visitation when
21.
my ex-wife moved out of
town and it was no longer
22.
feasible to see the kids
on every other Sunday and
23.
Wednesday night. This has now been going on for over a
24.
year. It has been about a year and-a-half now
since
25.
she left. It has been over a year since I filed my
GOLDMAN, NACCARATO,
PATTERSON & VELA (305) 545-8434
15
1.
original pro se motion
just to have visitation. Is
2.
there something I can do
to end this nightmare? It is
3.
costing me all the money
that I have available. I can
4.
no longer pay for an
attorney I find myself in a
5.
situation where I have
to pay for an attorney for
6.
someone whose parents are multimillionaires.
7.
MR. MARKS: Judge, that is not
appropriate.
8.
MR. ZISKIND: Is there some way that I
can
9.
stop this and just,
like, throw in the towel and say,
10.
Here, take it?
11.
THE COURT: I can't be your
lawyer. I can't
12.
answer that question for
you. You have to understand
13.
that. But having made a finding, I am going to
issue
14.
an order to show cause
as to why you should not be held
15.
in criminal
contempt. I think that resolves the
motion from
16.
August 31, 1998 -- the
order; right?
17.
MR. MARKS: Yes, sir. We request that you tax
18.
the fees for this
proceeding against the husband on
19.
this civil contempt
20.
THE COURT: I am deferring and will
reserve on
21.
the fees.
22.
MR. MARKS: Your Honor, the next
order -- the
23.
next motion is our
motion for contempt with regard to
24.
your order dated
December 21, '98. This awarded the
25.
former wife temporary
attorney's fees, suit monies and
GOLDMAN, NACCARATO,
PATTERSON & VELA (305) 545-8434
16
1.
costs. And the total amount was $2,500 for the fees
2.
and $500 for costs, and
he was ordered to pay this
3.
money on or before
January 4, 1999. The former husband
4.
correctly states that he
has taken an appeal on this
5.
motion, and it was
timely filed. And he has filed a
6.
motion to stay which was
scheduled to be heard before
7.
Your Honor this
morning. But he has not in any way
8.
attempted to comply with
the order. I am here as an
9.
officer of the Court and
I can tell you that I have not
10.
received any money. And I will ask Mr. Ziskind under
11.
oath whether he has paid
any money. So, our first
12.
witness will be David
Ziskind.
13.
THEREUPON:
14.
DAVID ZISKIND
15.
was called as a witness
on behalf of the Petitioner,
16.
and after having been
previously sworn, was examined
17.
and testified as
follows:
18.
DIRECT EXAMINATION
19.
BY MR. MARKS:
20.
You are familiar with
this court order for
21.
former wife's motion for
temporary attorney's fees,
22.
suit monies and costs
dated December 21, 1998?
23.
Yes, I am.
24.
And that order required
you to pay to your
25.
former wife's counsel,
our law firm, attorney's fees
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
16
1.
and costs in the total
sum of $3,000?
2.
A. Yes.
3.
Q. That sum was to be paid on or
before January
4.
4, 1999?
5.
A. Yes.
6.
Q. Did you make any payments
pursuant to that
7.
order?
8.
A. No, I did not.
9.
Q. Is your failure to make any
payment--- Strike
10.
that. Did you file any motion--- Strike that. You
11.
have taken an appeal of
that order; is that correct?
12.
A. Correct.
13.
Q. Did you post any bond?
14.
A. No, I did not.
15.
Q. What is the reason that you have
not made the
16.
payments pursuant to
this court order?
17.
A. I don't have the money
available. And this is
18.
the matter under
appeal. And, as I understand it,
19.
according to the Florida
Rules of Appellate Procedure,
20.
the Court has the
discretion to grant the stay pending
21.
appeal, so I am asking
for that.
22.
Q. Has your inability to pay the
monies ordered
23.
-- has this arisen since
the hearing on December 4,
24.
1998?
25.
A. Since the hearing?.
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
18
1.
Q. Is it something that just came
up.
2.
A. No. My total salary is less than the amount
3.
that was ordered to be
paid -- less than a month after
4.
the order was made.
5.
Q. So the fact that the Court has found
that you
6.
had the ability to pay
on that date, the date of the
7.
hearing, and by the
order dated December 21, '98, your
8.
inability to pay is not
something that has just come
9.
up?
10.
A. It has existed prior to the
hearing. And it
11.
is also that I am
appealing, because I believe that
12.
finding that I have the
ability to pay is an error.
13.
Q. You are a wage earner at the
University of
14.
Miami?
15.
A. Yes.
16.
MR. MARKS: Any notes that are
passed from the
17.
wife to him while he is
testifying, I think are
18.
inappropriate. I would like us to be able to read the
19.
note. He is in the middle of testifying.
20.
THE COURT: You can't have any
communications.
21.
There are no cheat
sheets.
22.
MS. MENDELSOHN: I was telling him what motion
23.
to go to.
24.
MR. ZISKIND: If Mr. Marks sees it, is it okay
25.
to do that?
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
19
1.
THE COURT: You are in the middle of
being
2.
questioned dealing with
the December 21st order.
3.
BY MR. MARKS:
4.
Q. I have a few more questions
pursuant to your
5.
financial affidavit
dated July 16, '98. You were
6.
making approximately
$43,000 or $45,000 a year as
7.
salary?
8.
A. Approximately. That's gross
9.
Q. Did you get a raise in January?
10.
A. No.
11.
Q. You have not gotten any increase
in salary?
12.
A. Wait a minute. I sent a letter saying that I
13.
got a raise. I am not sure when it was.
14.
Q. Was it before or after the
hearing of December
15.
4th?
16.
A. I think it was before.
17.
Q. You are not sure?
18.
A. No.
19.
Q. What did they raise you to?
20.
A. My salary right now is
approximately $47,000.
21.
Q. You don't recall the testimony at
the hearing
22.
that your salary was
$45,000 there?
23.
A. Yes, approximately that. Yes.
24.
MR. MARKS: Nothing further.
25.
THE COURT: Okay.
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
20
1.
MR. MARKS: We rest.
2.
MR. ZISKIND: Your Honor, basically, my motion
3.
to stay is based on a
few things. Number one, you have
4.
the discretion to grant
the stay pending appeal
5.
according to the Rules
of Appellate Procedure, 9.130.
6.
My former wife's motion
for temporary attorney's fees
7.
was inappropriate
because her response to my request
8.
for interrogatories and
financial disclosure was
9.
incomplete. The Court didn't -- you just said that
10.
there was no substantial
disparity in income between
11.
us. In addition to that, there was no
consideration of
12.
the fact that besides
the lack of substantial
13.
disparity, I am also
paying child support which lowers
14.
what I have
available. And the Court didn't
consider
15.
my ex-wife' s testimony
regarding her auxiliary sources
16.
of income. She testified that she spent $31,000 on
17.
vacations in the past
year, and $6,000 on clothes for
18.
herself.
19.
THE COURT: What you are arguing,
basically,
20.
is for a rehearing on a
motion that resulted in the
21.
December 21st order;
right? You think that order was
22.
erroneous for the
reasons that you have given me now.
23.
I presume those are the
same reasons that are the
24.
subject matter of the
appellate review.
25.
MR. ZISKIND: On the appellate review, there
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
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1.
are additional
issues. It seemed as if my present
2.
wife's income was being
considered in my ability to
3.
pay.
4.
THE COURT: But I am--- Those are issues that
5.
you have raised in your
appeal?
6.
MR. ZISKIND: Yes,
sir.
7.
THE COURT: Therefore, the appellate
court has
8.
jurisdiction to make-a
determination on those. I don't
9.
have any jurisdiction
pertaining to that order.
10.
MR. ZISKIND: What I am asking is for a stay
11.
of that order.
12.
MR. MARKS: Just briefly. The requirement
13.
that he go to the trial
court before asking the
14.
appellate court for a
stay is condition precedent. He
15.
can't ask the appellate
court. However, there has been
16.
no basis that has been
shown which would justify Your
17.
Honor staying the
order. You entered the order at
18.
the time and nothing has
changed – made certain findings
19.
which should effect your
order going through. Once you
20.
deny it, he should have
an opportunity to ask the
21.
appellate court.
22.
MR. ZISKIND: There were
irregularities.
23.
THE COURT. That is your appeal. That is what
24.
you are appealing. Listen to me. That is what you are
25.
appealing. You may be right. That is what the
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
22
1.
appellate court sits out
there and says. But right
2.
now, it is under
consideration. And I am right until
3.
they tell me I am
wrong. And since I see absolutely no
4.
basis to grant your
motion, your motion to stay is
5.
denied. You can seek a stay from the appellate
court.
6.
They may think it is
appropriate. They call the shots.
7.
But I am denying your
motion to stay. And you can make
8.
these arguments to the
appellate court, and they may
9.
show that you are right
and I am wrong.
10.
MR. ZISKIND: I hope so.
11.
MR. MARKS: Your Honor, on the motion for
12.
contempt, the evidence
has shown that he has not paid
13.
the money, that he is in
violation of this court order,
14.
and that nothing has
changed with regard to his
15.
financial circumstances
since the time of the hearing
16.
at which you found that
he had the ability to pay. He
17.
should be judged in
contempt and appropriate sanctions
18.
should be imposed.
19.
THE COURT: Did I establish any kind of
20.
payment, scheduled
payments, for the $3,000?
21.
MR. MARKS: You ordered him to pay it on or
22.
before January 4,
1999. He did not do that. You did
23.
that based on the
testimony and the affidavits that
24.
were in evidence in the
court order.
25.
MR. ZISKIND: That is in an amount of excess
GOLDMAN,
NACCARATO, PATTERSON & VELA (305) 545-8434
23
1.
of my paychecks. And I have no savings which I can
2.
show, because it was
during the summer when I had to
3.
pay the medical
expenses. I cashed out my pension fund
4.
-- all of it that was
left -- in order to pay that. I
5.
have zero savings, and I
live from month to month. And
6.
the amount that you
ordered is --
7.
THE COURT: I am finding you in
contempt for
8.
failure to pay the
$2;500 in attorney fees and the
9.
$500 in costs.
But I am going to let you pay it in
10.
three installments of a
thousand dollars each. The
11.
first installment to be
paid February 15, '99, March
12.
15th, and April 19, '99.
13.
MR. MARKS: In hand, in our office, on that
14.
date?
15.
THE COURT: Yes, on that date. I find then
16.
and I find now that you
have the ability to pay it.
17.
MR. ZISKIND: Could I ask that it be stretched
18.
out a little bit more,
so I have a chance to take this
19.
to appeal?
20.
THE COURT: You can ask.
Denied.
21.
MR. ZISKIND: I am just asking.
22.
COURT: Denied.
Okay.
23.
MR. MARKS: You are going to reserve on
24.
attorney’s fees, as
well, Judge?
25.
THE COURT: Yes
GOLDMAN, NACCARATO,
PATTERSON & VELA (305) 545-8434
24
1.
MR. ZISKIND: Could I ask that the
payments be
2.
pushed to the first of the
month and make it starting
3.
March 1st?
4.
THE COURT: Okay.
March, April and May 1st.
5.
MR. MARKS: I will prepare an order, Judge.
6.
Mr. Ziskind, do you have
a fax machine?
7.
MR ZISKIND: (954)473-1204.
8.
MR. MARKS: So we can fax
you a proposed
9.
order. Mr. Ziskind has one more motion,
10.
his motion for attorney's fees.
11.
THE COURT: I am way over time. It was
12.
supposed to be twenty
minutes for this at 10:30.
13.
I have just gone through
-- how much time do you need
14.
on your motion?
15.
MR. ZISKIND: I have filed the pleadings.
It
16.
is very short. Basically
- - -
17.
THE COURT: How much time
do you think? I am
18.
going to have to
reschedule it. Whatever you say, we
19.
will give you a
date. Do I have the motion? I think I
20.
do. You filed the motion; right?
21.
MR. ZISKIND: I filed it on January
15th.
22.
THE COURT: There has been so much filed here.
23.
Let me make sure I have
it. I have it. Okay, we will
24.
give you a hearing. We will schedule you a hearing.
GOLDMAN, NACCARATO,
PATTERSON & VELA (305) 545-8434
25
1.
THE COURT: We are disconnecting you, Ms.
2.
Hart.
3.
MS. HART: Thank you, Judge.
4.
[Thereupon, the hearing
was adjourned at 11:15
5.
a.m.]
6.
7.
8.
CERTIFICATE
9.
STATE OF FLORIDA
10.
COUNTY OF DADE
I HEREBY CERTIFY that the foregoing
transcript,
11.
pages 1 through 25,
inclusive, is a true and correct
transcription of my stenographic notes
of the
12.
proceedings had before
the HONORABLE MAYNARD GROSS,
Circuit
Court Judge, in the foregoing cause on February
13.
8, 1999
14.
DATED this 19th day of
February, 1999
15.
16.
JACINDA
J. HILMS, Court Reporter
17.
18.
19
20
21
22
23
24
25
GOLDMAN, NACCARATO, PATTERSON & VELA (305) 545-8434
