DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Linda W. BOTTA, Bethany B. BOYD, Nancy D. COLACHICCO, Appellants,
CIKLIN, LUBITZ & O’CONNELL, a Partnership of Professional
Associations, and BRIAN M. O’CONNELL, ESQ., individually,
July 26, 2017
Appeal of non-final order from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case
Michael C. Sasso and Michael A. Sasso of Sasso & Sasso, Winter Park,
Brian M. O’Connell, Ashley Crispin Ackal, and Zachary Rothman of
Ciklin Lubitz & O’Connell, West Palm Beach, for appellees.
"The appellant daughters appeal from the circuit court’s order denying
their amended motion to transfer the underlying actions from Broward
County to Seminole County based on forum non conveniens. The
daughters argue the court erred because their evidence showed that
Broward County was not a convenient forum while Seminole County was
the most convenient forum. We agree with the daughters’ argument. We
reverse and remand for transfer of all pending actions to Seminole County."
"The law firm, as the drafter of the 2002 POA, filed an action in Broward
County seeking a declaratory judgment that the 2002 POA was valid as
“freely and voluntarily executed” by the mother, with “the requisite
capacity” and “free from duress, coercion and undue influence.” The law
firm named all three daughters as defendants.
The law firm alleged that daughter Botta resided in Connecticut, daughter Boyd resided in Broward
County, and daughter Colachicco resided in Seminole County.
The law firm alleged that it named all three daughters as defendants to the action based on their “antagonistic and adverse interests.”
"However, by the time the law firm filed its lawsuit, the three daughters
had resolved their differences. Daughters Botta and Boyd then filed a
malpractice counterclaim/third-party complaint against the law firm and
the attorney who drafted the POAs.
Botta and Boyd claimed to be intended third party beneficiaries of the law firm’s and the attorney’s services for their mother. According to Botta and Boyd, but for the law firm’s and the attorney’s drafting of the 2002 POA, they would have withheld their consent to certain expenditures if they retained the “veto” power of the 2000 POA, and the removal of the “veto” power in the 2002 POA was the proximate cause of losses to them.
The three daughters also united to file an amended motion to transfer
venue from Broward County to Seminole County. In their motion and
affidavits, they alleged the following. Daughters Boyd and Colachicco
reside in Seminole County, more than 200 miles from Broward County.
Daughter Botta resides in Brevard County, more than 135 miles from
Broward County. Round trip travel for all three daughters would require
several hours and would be extremely inconvenient. The mother resided
in Seminole County when she executed the 2002 POA. The mother’s
affairs were managed in Seminole County until she died. The mother’s
estate was in probate in Seminole County. Any property being probated
was in Seminole County. No connection existed to Broward County."
"As for daughters Botta’s and Boyd’s malpractice action against the law
firm and the attorney, the daughters argued that action accrued not where
the legal services were provided in Palm Beach County,"
Brian O'Connell is one of a Gang of Co-Conspirating attorneys and Judges who put families against each other for their own financial gain, as far as I see it, because I can READ.
Brian O'Connell and Ashley Crispin have a CLEAR Pattern and History and I believe a civil and criminal RICO and Racketeering Complaint will be NEXT up and include the whole GANG.
eMail me any tip you have about the law "practices" of Brian O'Connell
and / or Ashley Crispin of CIKLIN, LUBITZ & O’CONNELL
South Florida Probate Court, 4th D.C.A, Florida Guardianship, Ted Bernstein, Attorney Alan Rose, Judge Marin Colin, Judge John Philips, Florida Corruption, Florida Predatory Guardianship,