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1 THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND
2 FOR BROWARD COUNTY, FLORIDA
3 CASE NO: 05-17386 CACE (21)
4 PAUL RENNEISEN and PATRICIA RENNEISEN,
5
6 Plaintiffs,
7 vs.
8 RICHARD STEVEN MAGILL and LISA A. MAGILL,
9 Defendants.
10 ______________________________)
11
12 * * * DEPOSITION OF LISA A.
MAGILL
13 * * *
14
15 Fort Lauderdale, Florida, March 31, 2006
16 1:00 o'clock p.m.
17
18 APPEARANCES:
19 LAW OFFICE OF DAVID M. SCOTT, P.A., BY: DAVID M. SCOTT, ESQUIRE,
20 8551 West Sunrise Boulevard, Suite 210, Plantation, Florida 33322
21 Appearing along with his client, Paul Renneisen.
22 GREEN, ACKERMAN & FROST, P.A.
23 BY: RAND ACKERMAN, ESQUIRE, 1200 North Federal Highway, Suite 301
24 Boca Raton, Florida 33432.
25
Appearing along with his clients, Richard and Lisa Mcgill.
2
1 I N D E X WITNESS DIRECT
2 LISA MAGILL
3
1 Deposition of Lisa Magill, a witness of lawful age,
2 taken on behalf of the Plaintiff herein, for the purpose
3 of discovery and for use as evidence in the above-entitled
4 matter, pending in the Circuit Court of the 17th Judicial
5 Circuit, in and for Broward County, Florida, pursuant to
6 notice heretofore filed, before Christine A. Hopwood, a
7 Notary Public within and for the State of Florida at
8 Large, at the Office of Klein Bury & Associates, 888
9 Southeast 3rd Avenue, in the City of Fort Lauderdale,
10 County of Broward, State of Florida, on the 31st day of
11 March, 2006, commencing at or about 1:00 o'clock p.m.
12 * * *
13 THEREUPON:
14 LISA MAGILL
15 a witness of lawful age, being called as a witness by the
16 Plaintiff, having been duly sworn, as hereinafter
17 certified, deposed and testified as follows:
18 DIRECT EXAMINATION
19 BY MR. SCOTT:
20 Q Good afternoon. Please State your name for the
21 record?
22 A Lisa Magill.
23 Q Where do you reside?
24 A 2720 Southeast 14th Street in Pompano Beach.
25 Q What is your regular profession?
4
1 A I'm an attorney.
2 Q Have you ever had your deposition taken before?
3 A No.
4 Q Have you ever taken depositions before?
5 A Yes.
6 Q I'm going to ask you a series of questions, so I
7 need to go over the rules with you. Will you agree to
8 answer the questions as best as you can and as truthful as
9 you can and to avoid using words like um and uh-huh. So
10 the court reporter can take down your answers.
11 A I'll try.
12 Q If I ask you a question and you don't understand
13 it, will you agree to tell me that you don't understand it
14 and ask me to restate it?
15 A Sure.
16 Q If you need to take a break, speak to your
17 lawyer, use the rest room or anything like that, please
18 let me know. And we'll proceed accordingly.
19 A Okay.
20 Q Who do you work for?
21 A Becker and Poliakoff.
22 Q Is that a law firm?
23 A Yes.
24 Q Where's it located?
25 A On Stirling Road in Hollywood.
5
1 Q What generally do you do there?
2 A I'm an attorney. I represent community
3 associations.
4 Q How long have you been employed there?
5 A Almost ten years.
6 Q Have you ever worked at any other law firms?
7 A Yes.
8 Q Which ones?
9 A I worked at Kaufman and Schwartz which is no
10 longer in existence. That was in Boca. I worked at Ross
11 Zimmerman and Associates. And I don't think that firm is
12 in existence any longer. It's a different name now. And
13 I worked at a firm prior to that.
14 Q Where did you obtain your law degree?
15 A University of Miami.
16 Q When was that?
17 A 1993.
18 Q Where did you attend undergraduate?
19 A SUNY Binghamton in New York.
20 Q Does SUNY stand for something?
21 A State University Of New York.
22 Q What year did you obtain your undergraduate
23 degree?
24 A 1990.
25 Q Did you have a particular major?
6
1 A Philosophy.
2 Q What's your date of birth?
3 A July 19, 1967.
4 Q Your social security number?
5 A 132-54-0954.
6 Q Where were you born?
7 A New York.
8 Q Do you presently own a vessel?
9 A Yes.
10 Q Which vessel is that?
11 A It's a thirty foot Proline Walk Around.
12 Q Does it have a name?
13 A Yes.
14 Q What's that?
15 A Careless navigator.
16 Q Is this the same vessel that you owned on April
17 18, 2004?
18 A Yes.
19 Q How long have you owned that vessel?
20 A I think -- I don't recall exactly. I think we
21 bought it in 2002.
22 Q Have you ever owned any other vessels?
23 A No.
24 Q Have you ever operated that vessel before?
25 A Yes.
7
1 Q Have you ever taken any boating safety courses?
2 A No.
3 Q Were you operating that vessel on the night of
4 April 18, 2004?
5 A No.
6 Q How about on the night of April 17, 2004?
7 A I don't recall.
8 Q On April 17, 2004 do you remember approximately
9 what time it was when you first boarded that vessel?
10 A Can you tell me what day of the week the 17th
11 was?
12 MR. ACKERMAN: We need to clarify. I thought
13 the accident was the 18th.
14 MR. SCOTT: It was. It was a few minutes past
15 midnight.
16 MR. ACKERMAN: Oh, I see, okay.
17 THE WITNESS: So the 17th was Saturday?
18 BY MR SCOTT:
19 Q The 17th would have been the evening prior to
20 midnight. And then a few minutes later would have been
21 the time of the accident.
22 A Okay, yes. And the question was what time did
23 we leave.
24 Q Yes.
25 A We left just before sunset. It was still light
8
1 out.
2 Q Where did you leave from?
3 A Our house.
4 Q The vessel was docked at your house?
5 A Right.
6 Q Who was on board at the time you left?
7 A I was, Rick was, and Claudia Brennan and our dog
8 was.
9 Q No one else on board?
10 A No.
11 Q Where did you first proceed after leaving your
12 home?
13 A We drove around a little while, cruised, and
14 ultimately found a place to park or moor the boat at a
15 place called Tap Room. It's no longer open.
16 Q What is the Tap Room?
17 A It's a restaurant by the Bahia Mar area.
18 Q Do they serve alcohol there?
19 A Yes.
20 Q Prior to leaving your house had you had any
21 alcohol to drink that day?
22 A Yes.
23 Q When did you first start drinking alcohol that
24 day?
25 A Probably about a half hour before we left.
9
1 Q Do you recall how much you drank?
2 A I opened a bottle of wine. My girlfriend and I
3 were drinking the wine. And we brought that same bottle
4 on the boat with us.
5 Q That was your first opportunity to consume any
6 alcohol that day?
7 A That's correct.
8 Q Do you recall whether your husband had any
9 alcohol prior to departing your home?
10 A I do.
11 Q How much?
12 A Rick made a drink. And he brought it onto the
13 boat.
14 Q Do you recall what kind of drink it was?
15 A Rum and coke.
16 Q What time did the passenger, your girlfriend, I
17 assume is Ms. Brennan, what time did she arrive at your
18 house?
19 A Again probably about a half hour before we left.
20 Q So your testimony today is that neither you nor
21 your husband consumed alcohol prior to Ms. Claudia Brennan
22 arriving at your home?
23 A No. I mean, I guess yes.
24 Q So tell me what transpired while you were at the
25 Tap Room. Did you have dinner there?
10
1 A Yes.
2 Q Did you consume alcohol there?
3 A Yes.
4 Q Can you tell me what type and the amounts of
5 alcohol you consumed there.
6 A The only thing that I had was a lemon drop.
7 Q Just one lemon drop?
8 A Right.
9 Q What about your husband?
10 A I don't recall him having anything there.
11 Q And Ms. Brennan?
12 A I think she had a lemon drop also.
13 Q About how long did you stay there?
14 A Just long enough to eat and leave.
15 Q Do you recall how much time elapsed between the
16 time you left your home and the time you arrived at the
17 Tap Room?
18 A No.
19 Q Do you know approximately how far away the Tap
20 Room is from your house let's say in miles?
21 A I would have to guess, but by boat it certainly
22 takes at least -- at least forty-five minutes if not
23 longer.
24 Q So about an hour?
25 A Right, I guess.
11
1 Q Do you know approximately what time you left
2 your home? I know you testified that it was about around
3 sunset or shortly thereafter. Do you recall approximately
4 what time it was?
5 A It was actually shortly before sunset. It was
6 still light. And when we got to the Tap Room, it was
7 dark.
8 Q Would you say you were at the Tap Room less than
9 an hour or more than an hour?
10 A I would have to guess.
11 Q Well, you can guess, but I would appreciate it
12 if you didn't guess. But if you could maybe say less than
13 an hour, more than an hour, less than two hours, something
14 definitive would be nice.
15 A It's less than two hours, I believe.
16 Q Could it have been more than two hours?
17 A I don't think so.
18 Q So after you finish at the Tap Room, the three
19 of you proceeded back to the boat?
20 A No.
21 Q Where did you go from there?
22 A We walked the dog. And then we went to another
23 place.
24 Q What place was that?
25 A The Treasure Trove.
12
1 Q How far away is that from the Tap Room?
2 A Not even a half mile.
3 Q Your boat was docked, moored?
4 A At the Tap Room.
5 Q Docked?
6 A Right or I don't know the term of art but --
7 Q It was tied up to something fixed to the earth?
8 A Yeah. It was tied up to a floating dock.
9 Q How long between the time you left the Tap Room
10 and the time you got to the Treasure Trove?
11 A I couldn't say exactly, probable fifteen, twenty
12 minutes.
13 Q Do you recall how long you stayed at the
14 Treasure Trove?
15 A No.
16 Q Less than an hour, more than an hour?
17 A Probably more than an hour.
18 Q Could it have been more than two hours?
19 A I don't recall.
20 Q Could it have been more than three hours
21 A I don't think so, but again I don't remember.
22 Q While you were at the Treasure Trove, did you
23 have anything to eat?
24 A I don't remember eating anything there.
25 Q Did you have anything to drink?
13
1 A Yes, I did.
2 Q Alcohol?
3 A Yes.
4 Q Could you tell me what type and quantity of
5 alcohol you had to drink at the Treasure Trove?
6 A I had two more lemon drops and a beer.
7 Q Do you recall whether your husband consumed any
8 alcohol at the Treasure Trove?
9 A I don't remember him drinking anything there
10 either.
11 Q And Ms. Brennan, did she consume any alcohol?
12 A I think she had the same two lemon drops that I
13 did.
14 Q How did you pay for the alcohol there?
15 A I don't recall exactly. I didn't pay for it. I
16 never pay.
17 Q After you left the Treasure Trove, where did the
18 three of you go?
19 A Well, again, we walked around a little bit and
20 took the dog over to the beach, so that she could run back
21 and forth.
22 Q About how long -- strike that. Where did you go
23 after that?
24 A Then after we got bored at the beach, we went
25 back to the boat.
14
1 Q Do you recall how long it was between the time
2 you left the Treasure Trove and the time you arrived back
3 at the boat?
4 A No.
5 Q Could it have been more than an hour?
6 A It could have.
7 Q Could it have been more than two hours?
8 A I don't think so.
9 Q You don't think so or you don't know?
10 A I don't know.
11 Q Could it have been more than three hours?
12 A I don't know.
13 Q Could it have been more than four hours?
14 A I don't know.
15 Q So after you got back to the boat, I assume the
16 three of you were still together?
17 A Exactly.
18 Q Where did you go from there?
19 A We went home.
20 Q What time did you arrive home?
21 A Well, not until very late because of the
22 incident.
23 Q We'll talk about that later. Do you recall what
24 time you arrived home?
25 A I can't say. It was very late. I don't
15
1 remember exactly what time.
2 Q Let's back up and go back to you boarding the
3 boat at the Tap Room and headed home. At that point can
4 you please describe for me what transpired between the
5 time you left the Tap Room and the time of the accident
6 which we'll discuss in detail?
7 A It was non problematic. We got onto the boat,
8 untied the boat, and left.
9 Q Was it cold out?
10 A No. I don't remember it being cold.
11 Q Do you remember whether you were wearing a
12 jacket?
13 A I don't remember.
14 Q Were you wearing your glasses that night?
15 A No.
16 Q Contacts?
17 A No. I never wear contacts.
18 Q Are you nearsighted or far-sighted?
19 A I'm -- I have a stigmatism.
20 Q Without your glasses can you see clearly at
21 distances beyond say fifty feet?
22 A No.
23 Q So you don't need your glasses to read. You
24 need them to see distance.
25 A I kind of need them for pretty much everything.
16
1 Q But you weren't wearing them that night?
2 A No.
3 Q You don't recall whether you operated the boat?
4 A No. I did not operate the boat.
5 Q Do you recall the approximate speed that the
6 boat was traveling just prior to the accident?
7 A Prior to the collision or --
8 Q Yes.
9 A -- immediately prior to the collision.
10 Q Well, let's say fifteen minutes before.
11 A Fifteen minutes before or let's just say ten
12 minutes before maybe -- I don't know, fifteen, less than
13 twenty probably, whatever normal speed is for the
14 intercoastal which is a little bit less than twenty.
15 Q Are you familiar with the area around where the
16 accident occurred?
17 A Yes.
18 Q Have you ever operated that boat in that area
19 before?
20 A Probably.
21 Q Now, just prior to the accident let's say in the
22 five minute period of time do you recall how fast the boat
23 was traveling?
24 A In the five minute period of time probably the
25 same rate of speed.
17
1 Q Fifteen to twenty miles per hour?
2 A Yes.
3 Q Who was operating the boat at that time by the
4 way?
5 A My husband, Rick.
6 Q Where were you?
7 A I was sitting on the cooler in the back.
8 Q Where was Ms. Brennan?
9 A She was probably sitting on the bench in the
10 back.
11 Q And your dog?
12 A She was in the front on the bow.
13 Q So Mr. Magill was at the helm. And you and Ms.
14 Brennan were toward the aft.
15 A Right.
16 Q This would have been in the five minute period
17 just prior to the collision?
18 A Right.
19 Q Where were you at the time of the collision?
20 A Well, at the point of impact I got up
21 immediately prior and was probably standing -- I shouldn't
22 say probably. I don't exactly remember. I did get up
23 immediately before the collision.
24 Q Why did you get up?
25 A Rick screamed.
18
1 Q How much time elapsed between the time he
2 screamed and the time you collided with the boat?
3 A It could have been two seconds. It was very
4 quick.
5 Q Did you ever see the other boat?
6 A I saw it, sure.
7 Q Before the collision?
8 A No. Well, immediately prior to the collision.
9 Q Tell me what you saw?
10 A I saw -- what do you mean?
11 Q What do you recollect from your vision in the
12 seconds prior to the accident?
13 A The first time I actually really saw the vessel
14 was when they clicked on the cabin light or the aft light.
15 And when they clicked on the light, it was clear as day.
16 But prior to that time there were no lights on that boat.
17 Q When was it that you saw this light being
18 clicked on?
19 A As I said within that two second period when
20 Rick screamed, oh, shit or what's that. And before we had
21 the collision the light clicked on. And it was clear as
22 day.
23 Q Now, you just mentioned a second ago that there
24 were no lights on that boat?
25 A That's correct.
19
1 Q How is it that you know there were no lights on
2 that boat if you were only up for two seconds?
3 A Well, in the period that I was up there were no
4 lights until the light clicked on.
5 Q So if I understand your testimony correctly, you
6 heard your husband scream. You stood up, looked forward,
7 saw a boat with no lights on, and then saw a light come
8 on. And then you collided?
9 A Well, that's partially correct. I heard him
10 scream. I stood up. I looked out. There was blackness.
11 The light clicked on. And there was a boat there.
12 Q So you don't know for certain that there was a
13 boat with no lights on. You just didn't see any lights;
14 is that right?
15 A I know that I did not see any lights immediately
16 prior to the light clicking right on.
17 Q How fast do you think the vessel that you were
18 on was traveling at the time of the collision?
19 A It was going very slowly. It was going forward
20 only upon it's own propulsion. And then Rick put the
21 engines in reverse. And it was still traveling forward as
22 a result of the fact that it was traveling forward prior
23 to slowing down.
24 MR. ACKERMAN: Wait a second. You asked her if
25 you're able to give an estimate as to the speed of
20
1 impact at the time of collision?
2 THE WITNESS: Okay. Very slow, less than five.
3 BY MR. SCOTT:
4 Q Less than five miles per hour?
5 A I would think.
6 Q You would think or do you have any way of
7 quantifying that. How is it that you know that it was
8 going less than five miles per hour?
9 A It felt slow. That's the only thing I could
10 say.
11 Q Let's talk about that. What indicated to you
12 that it felt slow?
13 A There was no wind resistance. It was just slow,
14 just felt like we were floating.
15 Q Could you hear the engines running?
16 A Yes.
17 Q The engines on your boat?
18 A Yes, but I think only one was operating.
19 Q Do you know which one?
20 A No.
21 Q Was the other one non operable? In other words,
22 was it not capable of being operated?
23 A No. It had installed.
24 Q Do you know when it had installed?
25 A Right when pushing it from forward into reverse.
21
1 Q When exactly was -- excuse me, strike that.
2 When do you understand that Mr. Magill switched from
3 forward to reverse?
4 A Right as he screamed.
5 Q So what is it that indicated to you that one of
6 the engines had installed? How is it that you knew that?
7 A It wasn't as loud.
8 Q You don't recall which one it was?
9 A No.
10 Q This stalling would have occurred in the two
11 seconds prior to the time you got up to the time -- strike
12 that. The stalling of that engine would have occurred
13 then from between the time that you stood up and the time
14 that the boat hit the other boat?
15 A That's correct.
16 Q What was the weather like at the time?
17 A Nice out.
18 Q Clouds?
19 A Not that I recall.
20 Q Do you recall whether the moon was full or not?
21 A No. I think it was clear.
22 Q Do you have a radio on the boat?
23 A Yes.
24 Q Was it playing at the time of the accident?
25 A I don't recall specifically. Typically the
22
1 radio would have been on.
2 Q Typically?
3 A (Witness nodding her head.)
4 Q Do you know at the time of the accident you were
5 in an idle speed zone or a no wake zone?
6 A I believe we were in a speed zone, the fast
7 zone.
8 Q Where do you understand the speed zone to be?
9 A The speed zone ends approximately halfway
10 through the Point Condominium. And we were just south of
11 the Point Condominium.
12 Q When you say it ends halfway at the Point
13 Condominium --
14 A Say the Point Condominium is like this.
15 Approximately halfway through the building is where the
16 sign is to slow down.
17 Q And you're familiar with that area?
18 A Uh-huh.
19 Q But you didn't see the sign, did you, that
20 night?
21 A No.
22 Q Why don't we do this. Why don't we show this to
23 your Counsel. This is a blow up of chart number --
24 A The sign's not on here.
25 Q Eleven four sixty-seven by the United States
23
1 Department of Commerce. And I'll show this to your
2 Counsel to confirm that that's, in fact, an accurate
3 depiction of the area depicted by that blow up. And ask
4 if you agree.
5 MR. ACKERMAN: You're asking her if she agrees
6 with that.
7 MR. SCOTT: I'm asking her if she agrees with
8 that.
9 MR. ACKERMAN: Object to the form. Let me
10 mention one thing here. He's going to ask you
11 questions now. I'm going to instruct you on the
12 record about specific things if this accurately
13 depicts, you know, what is shown on these charts and
14 so forth. If you know one hundred percent sure and
15 you're sure of that, then tell him. But I do not
16 want you to guess or speculate as to anything.
17 THE WITNESS: Okay. Then no, I don't know.
18 BY MR. SCOTT:
19 Q Let me rephrase the question to be certain. On
20 this chart right here which in a moment I'll ask the court
21 reporter to mark as Plaintiff's Exhibit A, do you
22 recognize the area around here wherein there is a line and
23 the word Commercial Boulevard?
24 Mr. Ackerman: Object to form.
25 THE WITNESS: Okay. I do recognize that area.
24
1 BY MR. SCOTT:
2 Q You understand this to be what area?
3 A Coral Ridge.
4 Q Is this the intercoastal waterway depicted in
5 that area?
6 A Yes.
7 Q Would it be this white area running through it
8 here (indicating)?
9 A That's correct.
10 Q Now, the document that I've sat in front of you
11 that I'll ask the court reporter to mark as Exhibit B, is
12 that a fair and accurate representation of this area only
13 larger?
14 MR. ACKERMAN: Object to the form.
15 THE WITNESS: It appears to be the same, but I
16 can't tell if the proportions are correct.
17 BY MR. SCOTT:
18 Q What I'd like you to do if you don't mind is
19 to -- do you have a pen?
20 A Yes
21 Q Would you mind telling me, making an arrow where
22 you believe you were at the time of the accident?
23 MR. ACKERMAN: Let me say one thing before you
24 start. If you're comfortable from this diagram doing
25 that and you feel you can do it, then go ahead and do
25
1 it. But if you're not comfortable for any reason in
2 looking at this diagram and showing where the vessel
3 was, then tell him you can't do it. So I'm going to
4 leave it up to you as to whether or not you're
5 comfortable in doing that.
6 MR. SCOTT: I appreciate that.
7 THE WITNESS: I can tell you what I remember.
8 MR. ACKERMAN: It wasn't intended for you. It
9 was intended for my client, so you don't have to
10 appreciate anything I say. Go ahead.
11 THE WITNESS: I can tell you what I remember.
12 MR. ACKERMAN: If you're able to do it, then go
13 ahead.
14 THE WITNESS: Okay. Well, we were right --
15 approximately again. It's hard to be exact. We were
16 right about here. We were right about here, right
17 about here.
18 BY MR. SCOTT:
19 Q Would you mind drawing an arrow from that and
20 putting a number one next to that.
21 A That's at the time of collision.
22 Q Do you understand which direction is north and
23 south?
24 A This is north, isn't it?
25 Q Could you draw an arrow to the north for me. So
26
1 your position is that you were on the west side of the
2 intercoastal, south of the Commercial Boulevard bridge?
3 In other words, this is east --
4 A I don't remember if we were on -- where we were
5 relative to east and west. I just remember where we were
6 relative to this -- there's a condo right here.
7 Q And that would be the --
8 A That's the Point.
9 Q The Point. Could you put a circle there and put
10 a number two in it where you believe that condo is. Where
11 do you understand that the no wake idle speed zone begins
12 and ends? Maybe you can maybe perhaps draw a box or a
13 rectangle to depict that.
14 A This is Commercial. Actually --
15 MR. ACKERMAN: If you made a mistake, tell him
16 you need to correct it.
17 BY MR. SCOTT:
18 Q That's okay. Would you like to start over?
19 A I'm sorry. I apologize.
20 Q We'll take this one and we'll ask the court
21 reporter to mark this as Exhibit 3. Let me clarify for
22 the record before she starts marking on 3, do you want to
23 state that the information that you put down on Exhibit
24 Number 1 was incorrect, so that you're doing over?
25 A I think it's number -- is it Number 2.
27
1 Q I'm sorry. The information on Number 2 is
2 incorrect?
3 A That's actually very confusing. I can't be a
4 hundred percent certain. It looks a little bit different
5 to me. What I remember was, it was right before the Point
6 Condominium because the Point was undergoing some kind of
7 work at the time. They had scaffolding up.
8 Q Do you know whether the Point Condominium is on
9 west or the east side of the intercoastal?
10 A It's on the west side of the intercoastal.
11 Q Do you understand that the east side of the
12 intercoastal would be the side closest to the beach?
13 A Yes.
14 Q The west side would be the opposite side?
15 A That's correct.
16 Q So using Plaintiff's Exhibit Number 3 and I'll
17 ask you again to draw an arrow with an N, so we understand
18 which side you understand to be north.
19 A This way is north.
20 Q So let's start again and ask you to draw a
21 little circle with an arrow and a number one.
22 A I can't be -- I mean, I'm sure that shows that
23 I'm confused because I can't a hundred percent certain.
24 But you would have to tell me which condo is the Point
25 Condo.
28
1 Q Were you north or south of the Point Condo?
2 A We were just south. We were cady corner to it.
3 Q Cady corner to it, so you were --
4 A On the diagonal to it.
5 Q You weren't adjacent to it, but you were just
6 south of it?
7 A Right.
8 Q Your understanding is that the no wake zone
9 begins or ends at the mid point of the Point Hotel?
10 A It begins halfway through it or, you know, a
11 quarter of the way through it, somewhere right there in
12 front of the Point Condo.
13 Q So do you believe you were within or without the
14 no wake zone?
15 A I believe we were still in the fast zone.
16 Q So you believe you had not yet entered the no
17 wake zone?
18 A That's correct.
19 Q At the time of the collision?
20 A Right.
21 Q Do you know in relation to the Commercial
22 Boulevard bridge how far north the no wake zone extends?
23 A I don't know.
24 Q Do you recall approximately how far
25 south -- strike that. So the only thing you know about
29
1 the no wake zone is that it either begins or ends at the
2 mid point of the Point Condominium?
3 A That's my belief.
4 Q Do you know how far in to the intercoastal
5 waterway it extends?
6 A I don't understand the question. You mean how
7 far away is it from the bridge? I don't know.
8 Q From the coast. How far from the side of the
9 intercoastal does it extend into the intercoastal
10 waterway? In other words, I'm trying to ask you: Do you
11 know the perimeters or the contour of the no wake zone,
12 where it is and where it is not?
13 A It starts somewhere halfway through the Point
14 Condominium.
15 Q But you don't know where it ends?
16 A It ends north of the bridge.
17 Q So it begins at the Point and extends all the
18 way through and north of the bridge?
19 A Right.
20 Q You were south of that point at the time of the
21 collision?
22 A That's correct.
23 Q I believe you stated that you were on the west
24 side of the intercoastal?
25 A I don't know where we were as far as east and
30
1 west is concerned.
2 Q Were you in the middle of the intercoastal
3 waterway?
4 A I don't recall exactly.
5 Q Could you see lights and hotels and things of
6 that nature to the right or to the left?
7 A On both sides, but on the right side -- I'm
8 sorry, on the left side I remember there was scaffolding
9 on at least one of the buildings.
10 Q To the left?
11 A Correct. That's correct.
12 Q And to the left that would have been the side
13 you were closest to in the intercoastal waterway?
14 A I think I was sitting on the cooler which is on
15 that side of the boat. I don't know if the boat was
16 centered or leaning toward one side or the other.
17 Q So the closest edge of the intercoastal waterway
18 would be to your left?
19 A Because that's the side of the boat I was
20 sitting on
21 Q And to your right would be the intercoastal and
22 all the way to the other side?
23 A To the right would be the other side of the boat
24 and then the intercoastal.
25 Q What happened at the point of collision?
31
1 A Our boat -- well, the two boats collided, made
2 contact with each other.
3 Q Where did your boat go after that?
4 A Off to the left.
5 Q Toward the closest side of the intercoastal
6 waterway?
7 A Right.
8 Q Where did Mr. Renneisen's boat go, if anywhere?
9 A I didn't see it right then at that second.
10 Immediately after the collision it was -- they were right
11 next to each other because we were right there, but then a
12 little bit later I didn't see it.
13 Q Did your boat come to a stop at the time of
14 collision or did it drift away?
15 A I don't recall exactly.
16 Q What did you do immediately after the collision?
17 A I called to the people on the other boat and
18 asked if they were okay. They didn't answer.
19 Q How much time transpired between the time of the
20 collision and the time you called to see if they were
21 okay?
22 A Very quickly, one or two seconds.
23 Q Could you see the other boat at that point?
24 A No, I couldn't.
25 Q So you wouldn't know how far away you were from
32
1 the other boat at that time?
2 A No. I could hear them, but I couldn't see them.
3 Q What did you hear?
4 A I heard someone calling on the radio.
5 Q What actions did you do after -- strike that.
6 What actions did you take after you called out to see if
7 anyone was there?
8 A Nothing. I went and sat next to Rick.
9 Q What did Rick do?
10 A He kind of circled around and waited.
11 Q Circled around where?
12 A In the intercoastal.
13 Q He was driving around in circles or explain to
14 me what you mean by circling around.
15 A Just driving slowly, kind of waiting around,
16 going up toward the bridge, and then circling around
17 south.
18 Q What happened to the dog that was on board?
19 A The dog was in the front on the bow. She was
20 fine.
21 Q Ms. Brennan, where was she after the incident?
22 A Well, before we were both sitting in the back.
23 Right at the collision, I can't tell you. I don't know.
24 Q When Mr. Magill was driving around in circles,
25 where was Ms. Brennan?
33
1 A I don't recall.
2 Q You didn't see her at all?
3 A I'm sure I did. I just don't remember.
4 Q Was she injured?
5 A No.
6 Q Were you injured?
7 A No.
8 Q Was Mr. Magill injured?
9 A No.
10 Q So aside from driving around in circles what
11 other actions did Mr. Magill take?
12 A He also tried using the radio.
13 Q Do you know what type of radio you have on board
14 that boat?
15 A No, boat radio.
16 Q Was it working?
17 A As far as I know.
18 Q Do you recall him speaking to anyone on the
19 radio?
20 A I heard him speaking. I can't remember to who
21 he was speaking or what he said.
22 Q Did you make any telephone calls during the time
23 immediately following the incident?
24 A I didn't.
25 Q Did you have your cell phone with you?
34
1 A I don't remember.
2 Q Do you normally have a cell phone with you?
3 A No.
4 Q Did you have your purse?
5 A No, probably not.
6 Q Did you ask Mr. Magill if he had a cell phone
7 with him?
8 A I didn't ask him.
9 Q Do you recall if Mr. Magill made any telephone
10 calls immediately following the incident?
11 A I don't remember.
12 Q So while he was driving around in circles did
13 anything else occur? Did anyone come to see you for
14 instance?
15 A Well, we waited for the authorities to come and
16 yes, many came.
17 Q Your boat was operable during this time, right?
18 A Uh-huh, yes.
19 Q Was anyone else driving at that time besides Mr.
20 Magill?
21 A No.
22 Q Who was the first person you recall that arrived
23 at the scene?
24 A I don't remember. I thought the first person
25 was Sea Tow.
35
1 Q Do you recall how it was that Sea Tow arrived?
2 A By boat.
3 Q Do you know how it was that they were alerted to
4 the accident?
5 A No.
6 Q Do you recall the gentleman's name at Sea Tow
7 who arrived?
8 A No.
9 Q Had you ever met him before?
10 A No.
11 Q Do you recall what it was that he did after he
12 arrived?
13 A He tied up the boat, our boat to his boat.
14 Q Then did he take it anywhere?
15 A No.
16 Q How long was it tied up to his boat?
17 A A few minutes.
18 Q Who untied it if anyone?
19 A I think we did.
20 Q Where did you take your boat after that?
21 A The officer that had boarded the boat instructed
22 Rick to drive it to the side of the intercoastal and moor
23 it, so that's what he did.
24 Q Is there any particular reason why you did not
25 drive the boat over to Mr. Renneisen's boat to see what
36
1 was going on over there?
2 A No.
3 Q Do you know what color the Sea Tow boat was?
4 A No.
5 Q Do you believe you were under the influence of
6 alcohol at that time?
7 A You have to explain what you mean by under the
8 influence.
9 Q Were you drunk
10 MR. ACKERMAN: Object to the form.
11 THE WITNESS: I don't think I was drunk.
12 BY MR. SCOTT:
13 Q You don't seem to recall much about this
14 incident.
15 MR. ACKERMAN: Object to the form.
16 THE WITNESS: Well, you have to remember
17 everything happened very quickly. It was kind of
18 like shocking.
19 BY MR. SCOTT:
20 Q Do you recall giving any statements to law
21 enforcement officers?
22 A I may have said a few things to them.
23 Q Do you remember what they were?
24 MR. ACKERMAN: Object to the form.
25 THE WITNESS: I remember a few things.
37
1 BY MR. SCOTT:
2 Q What do you remember?
3 A I remember asking them, you know, why they were
4 so intensely investigating us without investigating the
5 other vessel.
6 Q Did you make any statements to any law
7 enforcement officers regarding alcohol?
8 A I did.
9 Q Do you remember what those statements were?
10 A I told him that my girlfriend and I were the
11 ones that were drinking all evening which we were as I
12 explained. And I said that my husband, he barely had
13 anything to drink. If he had two drinks, that was it.
14 Q What was your purpose in mentioning that to the
15 officers?
16 A I don't know. I was upset.
17 Q You stated at the time you first departed your
18 home you and your husband took some alcohol on board. Do
19 you recall exactly what it was again?
20 A I packed the cooler because we were expecting
21 several other people to come over, so I put in some beer,
22 some soda. I think I put a bottle of vodka in there. I
23 know we took the wine that Claudia and I were drinking. I
24 don't recall what else.
25 Q Did you consume any alcohol while you were
38
1 operating -- strike that. Did you consume any alcohol
2 while you were in the boat and on the way?
3 A On the way out we drank the rest of the bottle
4 of wine.
5 Q Did Mr. Magill consume any alcohol while he was
6 operating the boat?
7 A He had the same drink that he brought with him
8 from the house.
9 Q At what point did you disembark the boat?
10 A As soon as we tied up next to the intercoastal.
11 Q What did you do after that?
12 A I took the dog for a walk. And then I kind of
13 just hung around.
14 Q How long did you hang around?
15 A It seemed like a while.
16 Q Less than an hour?
17 A Can't say.
18 Q More than an hour?
19 A I wouldn't know.
20 Q More than two hours?
21 A I don't know. I don't think it was more than
22 two hours but --
23 Q By you definitely stayed for less than two
24 hours?
25 A Well, it seemed like a while to me. It seemed
39
1 like a long time to me.
2 Q The statements that you gave to the police
3 officers, did you give them to the police officers while
4 you were on the boat or after you disembarked the boat?
5 A After I disembarked.
6 Q Do you recall approximately how long after you
7 disembarked that you made the statements to the police
8 officer?
9 A No.
10 Q Did you speak to any other law enforcement
11 officers at the time?
12 A No.
13 Q Did any officers ask you questions?
14 A When we were on the vessel, one of the officers
15 had asked me for some safety equipment, so I found it for
16 him.
17 Q What safety equipment was that?
18 A I think they were looking for whatever they
19 normally look for, flashes and life preservers.
20 Q Then you knew where to look for it?
21 A Uh-huh.
22 Q Did they issue you any citations at that time?
23 A No.
24 Q I'm looking at your answers to interrogatories
25 that you provided today. In response to interrogatory
40
1 number five wherein I asked you: Do you agree that the
2 Plaintiff's vessel was stopped at the time of the incident
3 described by the allegations contained in the complaint
4 against you. If you disagree, please state what you
5 believe to be the speed and direction of travel of the
6 Plaintiff's vessel at that time.
7 And you stated: No. The Plaintiff's vessel was
8 idling and probably traveling at a speed less than two
9 miles per hour at that time in a southerly direction. Is
10 that true?
11 A That's how it appeared to me, yes.
12 Q When you say it appeared to you, you don't know
13 for sure whether the Plaintiff's vessel was moving at all,
14 do you?
15 A To me it looked like the Plaintiff's vessel was
16 moving backwards.
17 Q You gather this from the two seconds between the
18 time your husband screamed and you saw the light turn on?
19 A That's correct.
20 Q In response to Plaintiff's interrogatory number
21 seven wherein Plaintiff asks you: Do you contend that the
22 incident described or the allegations contained in the
23 complaint against you was caused in whole or in part by
24 the fault or negligence of either of the Plaintiffs. If
25 so, please describe with specificity and in particularity
41
1 the factual basis for your contention.
2 And you answered that interrogatory with: Yes.
3 In my opinion Mr. Renneisen should have been utilizing
4 more light on his vessel at that time. And you testified
5 earlier, correct me if I'm wrong, that you don't know
6 whether he had lights on or not?
7 A I said I didn't see any lights on the boat until
8 the lights clicked on.
9 Q I believe you also testified, correct me if I'm
10 wrong, that you didn't see the boat?
11 MR. ACKERMAN: Object to the form.
12 THE WITNESS: I couldn't see the boat because
13 there were no lights.
14 BY MR. SCOTT:
15 Q Have you ever been arrested before?
16 A No.
17 Q Did you testify in a criminal case against your
18 husband?
19 A No.
20 Q Were you called to testify in the criminal case
21 against your husband?
22 A No.
23 Q You didn't give a deposition during that case?
24 A No.
25 Q No sworn statements?
42
1 A No.
2 Q You weren't taking any drugs that night, were
3 you?
4 A No.
5 Q Do you know if your husband was taking any drugs
6 that night?
7 A I know that he wasn't.
8 Q Any prescription drugs that may have impaired
9 his ability to operate the vessel?
10 A No.
11 Q Has he ever been arrested before?
12 A No.
13 Q Never been convicted of a crime?
14 A No.
15 Q At any point during that night did you ever ask
16 your husband whether he was able to safely operate the
17 boat given the fact that he consumed alcohol
18 A No.
19 Q Do you feel that that would have been a wise
20 thing to do?
21 MR. ACKERMAN: Object to the form.
22 THE WITNESS: No. He was fine.
23 BY MR. SCOTT:
24 Q In your opinion he was fine?
25 A Exactly.
43
1 Q So after you left the scene after you
2 disembarked, where did you go from there?
3 A I have a girlfriend that lives on that street,
4 so Claudia and I went to her house.
5 Q What is that person's name?
6 A Michelle.
7 Q Her last name?
8 A Trca, T-R-C-A.
9 Q I'm sorry. Spell that again.
10 A T-R-C-A.
11 Q And Michelle is spelled M-E-C-H-E-L?
12 A I think it's M-I-C-H.
13 Q Do you know her address?
14 A No. She lives on 49th Street.
15 Q Have you spoken with her about the accident?
16 A Not since then.
17 Q Not since that night?
18 A Not since two years ago.
19 Q Have you spoken with Claudia Brennan about the
20 accident?
21 A We have.
22 Q Have you spoken with Claudia Brennan about the
23 accident since the inception of this lawsuit?
24 A Yes.
25 Q Have you discussed your testimony with her at
44
1 all?
2 A No.
3 Q What did you discuss with her?
4 A We discussed how unfortunate everything was and
5 just our recitation of, you know, what had occurred.
6 Q Did you tell her that Mr. Renneisen had filed a
7 lawsuit against you?
8 A Yes.
9 Q What did she say to you then?
10 A I don't recall exactly when I told her
11 initially.
12 Q Did you discuss any details about the lawsuit?
13 A No.
14 Q Not really. When was the last time you spoke to
15 Claudia Brennan about this lawsuit
16 A Well, last time I spoke to her was probably
17 Tuesday of this week.
18 Q What was the subject of that conversation?
19 A She needed directions. She needed to know where
20 to go, that kind of thing.
21 Q So I take it at this point she had received her
22 subpoena?
23 A Yes.
24 Q Had you?
25 A Yes.
45
1 Q You did not discuss any aspects of your
2 testimony here today?
3 A We talked about the night, the incident. We
4 didn't talk about our testimony.
5 Q She didn't ask you at any point anything along
6 the lines of what should I say or how should I answer this
7 or that?
8 A No.
9 Q Did you suggest to her any answers to any
10 questions?
11 A No.
12 Q Did you suggest any type of testimony or suggest
13 to her that she say or not say any particular thing?
14 A No.
15 Q Who else have you discussed the incident with
16 besides Michelle Trca and Claudia Brennan?
17 MR. ACKERMAN: And besides me?
18 MR. SCOTT: Yes, and besides you.
19 THE WITNESS: I really haven't talked about it.
20 Oh, Claudia's husband.
21 Y MR. SCOTT:
22 Q What's his name?
23 A Bill.
24 Q Have you discussed the incident with anyone at
25 work?
46
1 A No.
2 Q And you are aware that there is an order that's
3 been issued by the court regarding sequestration of
4 Claudia Brennan that requires you not discuss your
5 testimony with her?
6 A No. I was not aware of that.
7 Q You're not aware of that?
8 A No.
9 Q To be sure I would like to show you --
10 MR. ACKERMAN: I thought the order for
11 sequestration had to do with who was present in the
12 room at the deposition. That was my understanding.
13 MR. SCOTT: Well, the definition of
14 sequestration by its very nature is to prevent other
15 people from knowing the testimony of other witnesses.
16 MR. ACKERMAN: Well, we'll have to take that up
17 with the court. I'm telling you, my understanding
18 was who was going to be present in this deposition,
19 but you can go on.
20 MR. SCOTT: Are you saying that she can
21 discuss her testimony with Claudia Brennan at any
22 point and time before trial?
23 MR. ACKERMAN: As to whether or not she can
24 discuss her testimony with Claudia Brennan between
25 now and trial, we have to go before the court.
47
1 Because what my understanding was had to do with who
2 was to be present in this deposition room here today,
3 but we can take that up at another hearing before the
4 court. That's fine.
5 BY MR. SCOTT:
6 Q Do you intend to discuss your testimony with
7 Claudia Brennan or her testimony prior to the trial of
8 this matter?
9 A I don't have any present intention of doing
10 that.
11 Q Do you understand that that would be a violation
12 of the court's order?
13 MR. ACKERMAN: Object to the form. How can she
14 understand that if that's not my understanding. We
15 need that clarified.
16 MR. SCOTT: That's what I'm trying to get to,
17 Counselor, because if she gives me an answer, I'll
18 certify it.
19 BY MR. SCOTT:
20 Q Do you believe that it would be a violation of
21 the court's order to discuss your testimony
22 A I don't have knowledge of the court order, so
23 no.
24 Q That's fine. I would like to show you what I'll
25 ask the court reporter to mark as Exhibit 4 which is an
48
1 order from Judge Bernstein dated March 27, 2006 on
2 Plaintiff's motion for sequestration and for protective
3 order which reads, said motion is hereby granted as to
4 nonparty witnesses and denied as to Defendant Richard
5 Magill and Lisa Magill. You are an attorney, are you not?
6 A Yes.
7 Q What do you understand the definition of
8 sequestration to be?
9 MR. ACKERMAN: Let me just move for protective
10 order on this. We're going to have to have a hearing
11 before the court because there's obviously some
12 confusion on what the sequestration meant when we had
13 that hearing. I'm telling you on behalf of her
14 attorney that it was my understanding that it meant
15 that Claudia Brennan could not sit in on these
16 depositions. That was my understanding.
17 MR. SCOTT: Lest we have any uncertainty --
18 MR. ACKERMAN: That doesn't matter what you show
19 me now. We're going to have to have a clarification
20 before the court.
21 MR. SCOTT: We're going to have that
22 clarification, but I want to make sure that I have on
23 the record what the definition of sequestration is.
24 And if you'll read from my motion which I'm sure you
25 did, I presented to the court prior to her issuing
49
1 that order, Plaintiff's Rule 616 motion for order
2 pretrial sequestration wherein I argued to the court
3 that the rule of sequestration is violated when
4 witnesses discuss aspects of the case with each other
5 citing Moss verses State from the Supreme Court of
6 Florida in 1997. Based upon that material put before
7 the court, she issued the order marked as Exhibit
8 4.
9 BY MR. SCOTT:
10 Q So I'll ask you again: Do you know understand
11 that you are not to discuss your testimony with any other
12 witnesses identified by Plaintiff in this case including
13 Claudia Brennan?
14 MR. ACKERMAN: I object to the form on that.
15 THE WITNESS: And I'll defer to Counsel,
16 whatever Counsel advises.
17 MR. SCOTT: Certify that please.
18 MR. ACKERMAN: We'll defer to the court on that.
19 BY MR. SCOTT:
20 Q Between you and your husband who has the most
21 knowledge of the repairs that were effected to your boat?
22 A He does
23 Q Did you participate in them at all?
24 A You mean calling the repair man? No. He did
25 that.
50
1 Q Did you have any discussions with any of the
2 people that repaired the boat?
3 A No.
4 Q Did you take any photographs of your boat after
5 the accident?
6 A Yes.
7 Q Prior to it being repaired?
8 A Yes.
9 Q Do you have those photographs in your
10 possession, not here today, but in a place where you could
11 retrieve them?
12 A Yes.
13 Q Would you agree to produce them?
14 MR. ACKERMAN: Could you read that back for me.
15 I didn't hear that. You want to know if she's going
16 to produce photographs?
17 BY MR. SCOTT:
18 Q Will you agree to produce them?
19 MR. ACKERMAN: You can't ask a party. You're
20 going to file a Request for Production the way the
21 rules go and ask her attorney, David. You know the
22 rules. I'll determine if it's objectionable or
23 something that's going to be produced.
24 MR. SCOTT: If you're going to tell her not to
25 answer the question, then tell her not to answer the
51
1 question. And I'll decide whether to certify it.
2 Otherwise just let your client answer my questions.
3 I would appreciate it.
4 MR. ACKERMAN: You know you got to follow the
5 rules.
6 MR. SCOTT: I've already done that. And I've
7 already requested it. And I'm waiting for you to
8 respond.
9 MR. ACKERMAN: That's right. So as her attorney
10 I'll make that decision whether it's objectionable or
11 not. You can't ask her if she's going to produce
12 something.
13 MR. SCOTT: Let me rephrase the question.
14 BY MR. SCOTT:
15 Q You do have these photographs in your
16 possession?
17 A I have them.
18 Q And they're in your care, custody or control?
19 A Yes.
20 Q So if your Counsel advises you to produce them,
21 you would, in fact, produce them and you could produce.
22 MR. ACKERMAN: Object, don't answer that
23 question. You're not going to answer anything as to
24 how I advice you. You're asking her how she responds
25 to something her Counsel advises her on. There's no
52
1 problem with producing the photographs if I don't
2 feel the request is unreasonable.
3 BY MR. SCOTT:
4 Q Could you please describe these photographs for
5 me?
6 A Just photographs of the boat.
7 Q How many are there?
8 A A few. I don't know exactly how many.
9 Q More than ten, less than ten?
10 A Don't know.
11 Q Did you take them or did Mr. Magill take them?
12 A Rick took them.
13 Q Were you present when he took them?
14 A Yes.
15 Q Do you recall how many rolls of film?
16 A We have a digital camera.
17 Q Who if anyone took them out of the digital
18 camera and put them onto your computer?
19 A Rick did.
20 Q I assume from your answer then they are on your
21 computer?
22 A Right.
23 Q Have you printed them out from your computer?
24 A In the past.
25 Q Were these photographs used at the criminal
53
1 trial?
2 A No.
3 Q Did anyone ask you for these photographs prior
4 to the criminal trial?
5 A Not that I remember.
6 Q So these photographs have not been used in any
7 legal proceeding?
8 A Not that I know of.
9 Q Do you recall approximately how long it took Mr.
10 Magill to take these photographs?
11 A No, a few minutes.
12 Q Could there be more than twenty?
13 A There could.
14 Q Could there be more than fifty?
15 A I don't know
16 Q Has anyone else seen these photographs?
17 A I don't know. Oh, yes. Yes. Other people have
18 seen them.
19 Q Who?
20 A Linda Jaffe has seen them.
21 Q Did you give copies of them to Linda Jaffe?
22 A Yes.
23 Q Have you discussed them with anyone else
24 A No.
25 Q How long after the incident in question was your
54
1 boat repaired?
2 A I don't recall exactly, not for a few weeks
3 after.
4 Q So that's more than a week?
5 A I don't know exactly, but it was at least a
6 week.
7 Q Where was the vessel stored between the time of
8 the accident and the time it was repaired?
9 A Well, it was impounded for two days. And then
10 we picked it up and brought it back to our house.
11 Q Who was with you when you brought it back?
12 A Rick.
13 Q Just you and Rick?
14 A Right. He drove the boat. I drove the car.
15 Q Where was it impounded?
16 A Well, we picked it up from the 14th Street
17 bridge, boat ramp.
18 Q Who did the repairs if you know?
19 A No.
20 Q You don't know?
21 A No.
22 Q Do you recall how much it costs for these
23 repairs?
24 A I saw the invoice recently. I think it was
25 approximately forty-three hundred dollars.
55
1 Q Take a quick break.
2 (Thereupon, after a brief recess, the following
3 proceedings were had:)
4 BY MR. SCOTT:
5 Q Do you have a concealed weapons permit?
6 A No.
7 Q No further questions.
8 MR. ACKERMAN: I don't have any questions.
9 And she'll read.
10 (Thereupon, the deposition was concluded at 2:15
11 o'clock p.m.)
12 FURTHER DEPONENT SAITH NOT.
13
56
1 STATE OF FLORIDA )
2 ss:
3 COUNTY OF BROWARD )
4
5
6 ____________________________
7 LISA MAGILL
8
9
10 SWORN to and SUBSCRIBED to before me this
11 _______ day of ____________, 2006, in and for the City of
12 Fort Lauderdale, County of Broward, State of Florida.
13
14
15
16 _____________________________
17 Notary Public,
18 State of Florida at Large.
19
57
1 ERRATA SHEET
2
3 I, the undersigned,__________________,
4 do hereby certify that I have read the foregoing
5 deposition and that to the best of my knowledge said
6 deposition is true and accurate with the exception of the
7 following corrections listed below:
8 PAGE LINE NOTES
9 __________________________________________________________
10 __________________________________________________________
11 __________________________________________________________
12 _________________________________________________________
13 __________________________________________________________
14 __________________________________________________________
15
16 ___________________________ _________________
17 Signature Date
18
19
20 Sworn to and Subscribed before me this _______ day of
21 _____, 2006.
22
23 _________________________________
24 Notary Public
25 State of Florida at Large
58
1 C-E-R-T-I-F-I-C-A-T-E
2 State of Florida )
3 ) ss County of Broward )
4
5 I, Christine A. Hopwood, a Registered
6 Professional Reporter, do hereby certify:
7 That prior to being examined, the witness in
8 the foregoing proceedings was by me duly sworn to
9 testify to the truth, the whole truth, and nothing
10 but the truth;
11 That said proceedings were taken before me at
12 the time and place therein set forth and were taken
13 down by me in shorthand and thereafter transcribed
14 into typewriting under my direction and supervision;
15 I further certify that I am neither counsel
16 for, nor related to, any party to said proceedings,
17 nor in anywise interested in the outcome thereof.
18 In witness whereof, I have hereunto subscribed
19 my name.
20 Dated this________day of___________, 2006
21
22 ____________________________
23 Christine A. Hopwood,
24 My Commission #DD257593
25 Expires: November 21, 2007.
|