00001 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 2 PALM BEACH COUNTY , FLORIDA 3 CASE NO.: 50208CP001929XXXXSB IX 4 5 6 IN RE: 7 THE ESTATE OF STANLEY ACKER, 8 --------------------------------------------------- 9 MARK ACKER, 10 Petitioner(s), 11 vs. 12 KIRK FRIEDLAND, Court Appointed Neutral Co-Personal Representative of the Estate of 13 Stanley Acker, 14 Respondent(s). _________________________________/ 15 16 17 18 PROCEEDINGS BEFORE 19 HONORABLE DAVID E. FRENCH 20 21 22 23 DATE: July 29, 2014 24 TIME: 9:40 a.m. - 10:08 a.m. 25 00002 1 APPEARING ON BEHALF OF PETITIONER(S): 2 MARK ACKER, PRO SE 3 APPEARING ON BEHALF OF RESPONDENT(S): 4 GUTTER CHAVES 5 2101 NW CORPORATE BOULEVARD, SUITE 107 BOCA RATON, FL 33431 6 By: PETER FORMAN, ESQ. JENNA RUBIN, ESQ. 7 8 APPEARING ON BEHALF OF CO-PERSONAL REPRESENTATIVE: 9 KIRK E. FRIEDLAND, ESQ. 250 S. AUSTRALIAN AVENUE, SUITE 601 10 WEST PALM BEACH, FL 33401 11 12 13 14 15 16 BE IT REMEMBERED, that the following 17 proceedings were taken in the above-styled cause before 18 the Honorable DAVID E. FRENCH, at the Palm Beach County 19 Courthouse, 200 W. Atlantic Avenue, Room 3, in the City of 20 Delray Beach, County of Palm Beach, State of Florida, on 21 July 20, 2014, to wit: 22 23 24 25 00003 1 P-R-O-C-E-E-D-I-N-G-S 2 - - - 3 THE COURT: Is everybody ready? 4 MR. FORMAN: Yes, sir. 5 THE COURT: Call up the case of the Estate of 6 Stanley Acker, Mark Acker, petitioner, versus Kirk 7 Friedland, court-appointed personal representative 8 of the estate. 9 This is a 2008 case, CP 1929 -- I believe 10 that's the case number that we're dealing with 11 here today, is that correct, gentlemen? 12 MR. FORMAN: That's correct, Your Honor. 13 THE COURT: Will the respective attorneys, 14 everybody, identify themselves for the record, 15 please. 16 MR. FRIEDLAND: Kirk Friedland, the 17 court-appointed fiduciary. 18 MR. ACKER: Mark Acker, co-personal 19 representative of the estate, pro se. 20 MR. FORMAN: Your Honor, Peter Forman, Jenna 21 Rubin, representing Karen Acker and David Acker. 22 THE COURT: Good morning, folks. 23 MR. FORMAN: Good morning, Your Honor. 24 THE COURT: I believe this is Mr. Acker's 25 motion. 00004 1 MR. ACKER: That's correct, Your Honor. 2 THE COURT: Mr. Acker, again, it seems to me 3 that there was a conversation that we had some 4 time ago that you had to have legal 5 representation. The co-representative of the 6 estate can't represent yourself. 7 MR. ACKER: That's correct, Your Honor. 8 THE COURT: And now you're here before the 9 court again representing yourself. 10 MR. ACKER: That's correct, Your Honor. 11 THE COURT: Now, I don't make the law. I 12 just follow it like everybody else. I don't think 13 that's the job of the trial court. That's the job 14 of the appellate courts. And the rules are very 15 strict with regards to that. 16 Now, before I get started and so forth, 17 have you folks tried to work something out? 18 MR. FORMAN: It's Mr. Friedland's issue, Your 19 Honor. 20 MR. FRIEDLAND: Your Honor, I sent a letter 21 to Mr. Acker inviting him to contact me, try to 22 work this out, and no response. 23 THE COURT: Okay. 24 MR. ACKER: Your Honor, there was a response 25 to that letter, by the way. 00005 1 THE COURT: Who's the attorney for you? 2 MR. FRIEDLAND: I am an attorney. And I'm -- 3 THE COURT: So you're -- 4 MR. FRIEDLAND: So I'm representing -- I'm 5 here in my court-appointed capacity, trying to not 6 have any more attorneys in this case. 7 THE COURT: That's interesting. All right, 8 sir. Mr. Acker, I'll give you a short brief 9 statement as to why you haven't obtained counsel. 10 I know that there is a long history. I know that 11 this has been a very expensive litigation. I know 12 there's been a lot of -- a lot of unnecessary 13 litigation in this particular case on both sides, 14 but that still doesn't excuse you from having some 15 representation. I need to have lawyers to 16 represent the estate. 17 Now, this court-appointed in this case is 18 a lawyer, he can wear two hats, but you cannot. 19 So what is it that you want me to do? 20 MR. ACKER: Your Honor, I have a motion and a 21 presentation here for purposes of -- since I'm pro 22 se -- I would like to have -- like to read to the 23 court, which should take a relatively short period 24 of time. 25 THE COURT: Well -- 00006 1 MR. ACKER: That generates my position. 2 THE COURT: I've read the material that you 3 have sent me. 4 MR. ACKER: No, it's a summary of, like, how 5 I would present my points today based on the 6 information that was sent to you. 7 Since I'm pro se I just wanted to make 8 sure I kept it short and sweet and to the 9 point. 10 THE COURT: Go ahead, sir. 11 MR. ACKER: From here or the podium, sir? 12 THE COURT: Either place is fine. 13 MR. ACKER: Okay. Your Honor, I felt it 14 would be useful to write my presentation to the 15 court to identify exactly what I am requesting 16 from my motion. The wastefulness of this 17 litigation, which has continued for the past six 18 years, should have ended once the settlement 19 agreement was signed on 11/16/2010, nearly four 20 years ago. But because Kirk Friedland, and his 21 actions, it has not. At the hearing in your court 22 on October 16th and 17th, 2013, the opposing sides 23 spent most of the two days blaming me for all the 24 legal expenses and damages that the estate, slash, 25 trust have incurred since 2009. At the hearing, I 00007 1 did not have the opportunity to defend myself and 2 discredit nearly all of what I've been accused of. 3 Kirk Friedland spent nearly his entire time on the 4 stand of accusing me of being the obstructionist 5 and causing the estate millions of dollars. I 6 can, without a doubt, state that since Kirk 7 Friedland, who was engaged on 12/2/10, Kirk 8 Friedland has been a principal cause that the 9 assets of this estate have been greatly 10 depreciated, and Kirk Friedland has sustained 11 friction between the siblings. 12 I need to address one important point of 13 reference. I worked with my father for over 28 14 years -- 15 THE COURT: What is it that you are asking 16 this court to do? 17 MR. ACKER: By the end, my request is removal 18 of Kirk Friedland, is the primary objective. 19 THE COURT: Well, I can't do that. 20 MR. ACKER: Okay. But if you could just hear 21 out my presentation, I'd appreciate it. 22 THE COURT: Then you would be representing 23 yourself, wouldn't you? 24 MR. ACKER: Uh-huh. 25 THE COURT: And we've all -- as 00008 1 co-representative. 2 MR. ACKER: I understand. 3 THE COURT: So then that would be violating 4 the Supreme Court's ruling and so forth that says 5 that you can't do that. 6 MR. ACKER: I requested it from the court -- 7 THE COURT: If you're talking about 8 additional time, I've given you a lot of 9 additional time, a lot of face time, so that you 10 could get somebody. And I fully understand and 11 appreciate that it's expensive. And that you have 12 already gone into your pocket a considerable 13 amount of money. But this isn't about fault. 14 It's not what we're here today about. All right. 15 I can't allow you to violate our rules, our rules, 16 because if I do, then I'm not following the law. 17 MR. ACKER: What specific rule are you 18 identifying, Your Honor? 19 THE COURT: You cannot put forth as an 20 advocate this request. It has to be done through 21 counsel. 22 MR. ACKER: And I had a conversation with the 23 court systems of Florida in regard to the 24 predicament I'm in, based on Mr. Kirk Friedland's 25 actions, and your decision to relieve my prior 00009 1 counsel of the case, and I do not have the 2 funds -- 3 THE COURT: He wanted out. 4 MR. ACKER: Excuse me? 5 THE COURT: He wanted out. He wasn't getting 6 paid any more. 7 MR. ACKER: And the reasoning for that was 8 unjustified. And I was unable to get additional 9 counsel -- 10 THE COURT: That's why we have appellate 11 courts. 12 MR. ACKER: I understand. But I'm not here 13 to -- 14 THE COURT: I don't profess to be the 15 depository of all legal knowledge here. I do the 16 best job I can on a day-to-day basis, to make 17 decisions when the cases get moved. But in the 18 long run, if I make a mistake, that's what we have 19 appellate courts, and I welcome that. 20 MR. ACKER: I'm not addressing that. 21 THE COURT: That wasn't done here. So I 22 can't even hear that. 23 MR. ACKER: Right. 24 THE COURT: I can't make a decision based 25 upon something that's already been done. It's res 00010 1 judicata. 2 MR. ACKER: I am not addressing the issue 3 with the appellate division, the appellate court's 4 decision, or the filing of the fee dispute based 5 on Your Honor's decision. That's not part of my 6 conversation or my presentation today, Your Honor. 7 It's strictly related to Kirk Friedland, not in 8 regards to the fee dispute and the decision that 9 you made and the pending case in front of the 10 appellate division. 11 THE COURT: Well, I assume the only way these 12 things get removed is with evidentiary hearing. 13 And it would be done through the prosecution of a 14 counsel to show that there's been a breach of 15 fiduciary duty, things of this nature. So -- but 16 you can't present that. That's what I'm trying to 17 say to you. 18 MR. ACKER: Yes. But based on what I've been 19 advised by the court systems in Florida, and that 20 my legal rights are being, at this point, since 21 Mr. Friedland has been engaged by this court, and 22 my rights are being denied to have legal 23 representation. I have more than adequate 24 evidence to support that. 25 THE COURT: He hasn't paid for your attorney. 00011 1 MR. ACKER: It's not a matter -- he -- he has 2 denied me equal representation as co-personal 3 representative of this estate to have my attorneys 4 to be paid, even after Judge Colin, okay, filed a 5 motion saying that I have the right to legal 6 representation. 7 THE COURT: Well, you do. 8 MR. ACKER: I know. The problem is is being 9 paid by the estate and trust. Kirk Friedland 10 currently, to this date, is still paying -- see, 11 the main issue that we need to -- that I have in 12 here to address is the fact that Kirk Friedland 13 has been adversarial from the day he became 14 engaged with the estate. The reason for -- 15 THE COURT: I remember we had a hearing on 16 all of this. 17 MR. ACKER: And those attorneys are still -- 18 THE COURT: I think, didn't we have like a 19 couple of days of testimony? 20 MR. ACKER: That was -- 21 THE COURT: And I heard your complaints and I 22 heard his complaints. There were things that I'm 23 sure that they didn't like here either. All 24 right. And I compensated your attorney, if I 25 recall. 00012 1 MR. ACKER: Yes, you did, Your Honor. 2 THE COURT: All right. Over their objection 3 and so forth. 4 MR. ACKER: That's correct. 5 THE COURT: But you had legal representation, 6 and I could hear that. I can't hear that now. 7 MR. ACKER: Right. 8 THE COURT: What you are asking me to do is 9 circumvent our rules of procedure. 10 MR. ACKER: I'm not asking that. What I'm 11 asking for is two points that I've asked to be 12 addressed here. If I go forward and Your Honor 13 feels that it's -- I'm not getting into the 14 appellate division motion at this point -- but on 15 an ongoing basis, Kirk Friedland, who stated in 16 his own words in 2011, has been adversarial 17 towards me and I've been adversarial towards him, 18 puts us in an adversarial position, so at that 19 point is when he denied me my legal rights as the 20 court-appointed neutral fiduciary. 21 As far as the pending motion in the 22 appellate division, I understand the situation. 23 But in another hand, going forward, okay, I 24 have already requested advance funds for 25 engaging attorneys from the estate. Denied. 00013 1 He's denied me my ability, even to this date, 2 to go out and hire attorneys and tell me that 3 those attorneys will be paid by the estate and 4 trust for what's being done. And in my 5 presentation, I feel if you go through that, 6 this estate currently has amassed close to 7 $10 million in legal fees at this point. $10 8 million. 9 THE COURT: I remember that. 10 MR. ACKER: Okay. 11 THE COURT: Even this court is appalled by 12 that. 13 MR. ACKER: Okay. 14 THE COURT: But this was not always at the -- 15 Mr. Friedland's fault. A lot of it was your 16 fault. 17 MR. ACKER: No, it was not my fault. 18 THE COURT: Or the attorneys which you hired. 19 Didn't make any difference. I'm not going to 20 argue with you, sir. 21 MR. ACKER: I'm not arguing. But what I'm 22 trying to address here is that I have unequivocal 23 proof. I mean, right now, Mr. Friedland, for 24 example, engaged, or made a recommendation, this 25 estate and trust, to engage a shared office 00014 1 partner, Richard Palladino, from his offices, to 2 take care of the IRS deficiency reports of 3 $13 million, which were caused by Karen and 4 David's action from the filings with the federal 5 government. 6 Mr. Palladino, okay, did -- they work in 7 the same office -- caused the initiation of a 8 treasury department investigation of -- 9 against -- or towards five high ranking IRS 10 officials in south Florida due to the actions 11 in how they changed position on the 12 deficiencies, which is currently and still 13 under investigation. If this investigation 14 continues as it is going, started June of last 15 year, and these five IRS individuals are found 16 guilty or disciplined, whatever it takes to 17 decide to do, the next step is they are coming 18 back. Now, one of the things I can 19 unequivocally tell you that within this window 20 of time that I've been pro se and Kirk 21 Friedland has been in an adversarial position 22 with me, we've had five cases within the court 23 systems, all five cases -- three of them I 24 objected to and told him it was a waste of 25 funds. Kirk Friedland approved them. Two of 00015 1 them I brought myself and I won both cases. 2 THE COURT: I don't want to hear that. Only 3 thing I want to hear, you said they won't allow 4 you to find counsel, am I correct? 5 MR. ACKER: That's correct. 6 THE COURT: Okay. Response to that? 7 MR. FORMAN: If I may, Your Honor, I 8 represent Karen and David Acker. Specific point 9 is, court order is correct, he has the right to 10 retain counsel. As I understand it, what Mr. 11 Friedland -- so you understand -- there was a 12 settlement agreement between the parties approved 13 by the court. The settlement agreement 14 specifically provided for the procedure regarding 15 bringing things before the fiduciaries, one of 16 them obviously for the retention and payment of 17 counsel. And number two, the settlement agreement 18 specifically provided as to what Mr. Mark Acker 19 was to be involved in, what he was not to be 20 involved in. So procedurally, what I understand 21 happened was, Mr. Friedland sent Mr. Acker a 22 letter saying, okay, please tell me who you're 23 going to hire, tell me what the budget is going to 24 be, and tell me what areas your counsel intends to 25 get involved in so that we can make sure it's 00016 1 consistent with the settlement agreement that was 2 approved by this court. That's what Mr. Friedland 3 did. 4 I don't believe there's been any response 5 by Mr. Acker complying with those requests. 6 So, clearly, he has a right to have 7 counsel. He has a right to have the estate pay 8 for those counsel, subject to what the 9 settlement agreement provides, and subject to 10 what this court has already ruled. 11 That's the procedure, Judge. That's what 12 I understand. 13 So -- and, again, my clients, who are the 14 other co-personal representatives, complied 15 with their duty. They clearly -- once the 16 matter is brought before the fiduciary, 17 consistent with the settlement agreement, 18 they'll rule on it and move forward. That's 19 the procedure. 20 MR. FRIEDLAND: Your Honor, I did send a 21 letter to Mr. Acker asking him to identify his 22 need for counsel. I provided a copy of that to 23 the court. There was no response to that letter. 24 I also included a summary of the pending legal 25 actions that still remain. As to those specific 00017 1 matters, the first two are covered specifically by 2 the settlement agreement. 3 Now, it's important to note that I only 4 came into this matter after the parties 5 litigated for years, spending millions of 6 dollars, and entered into this settlement 7 agreement. 8 Paragraph 3 addresses the estate tax 9 audit, which is now what's called the appeals 10 process. And there's a case pending in the 11 U.S. Tax Court. Mr. Acker asked for a $10,000 12 payment in advance to him personally so that he 13 could go out and hire his own counsel in that 14 matter. This is after he had been removed from 15 that case by an order of the U.S. Tax Court 16 judge. He has no need for counsel in that 17 case. He has been advocating with the IRS to 18 have a higher estate tax imposed on the estate. 19 He has initiated this treasury investigation of 20 five IRS officials alleging bad acts. He 21 refuses to disclose what he alleged, who he 22 talked to, what documents he provided. 23 The second matter -- oh, by the way, when 24 he asked for the $10,000, Mr. Acker does not 25 attend the fiduciary meetings. I put the 00018 1 matter on the agenda myself for discussion, and 2 no action was taken. 3 The second matter -- or the second case -- 4 that is specifically addressed in the 5 settlement agreement is the -- what's called 6 the accounting proceeding that's pending in 7 Rockland County, New York. This was brought by 8 the surviving spouse of the decedent. The 9 settlement agreement specifically addresses 10 that David and Karen have the right to employ 11 the lead counsel in the case, in effect, 12 control that litigation, and Mr. Acker was to 13 withdraw all of his objections. Instead, 14 Mr. Acker actively aides the opposing counsel. 15 He has given to opposing counsel privileged 16 documents. And the surrogate court judge in 17 New York entered an order sealing those. He 18 has no need of counsel in that case. Each of 19 these cases are controlled by the estate 20 through a majority vote. Regular meetings take 21 place every month. Mr. Acker does not attend 22 those meetings, or, on the rare occasion when 23 he does attend, he's disruptive, he refuses to 24 come to order, he talks over people, he gets 25 angry, and he abruptly hangs up the phone. 00019 1 I'm not trying to deprive him of counsel. 2 He is entitled to counsel. I encourage him to 3 have counsel. It would make my job as the 4 court-appointed fiduciary much easier if 5 Mr. Acker had counsel. 6 MR. FORMAN: Your Honor, just to help the 7 court. We have a couple of pages that have that 8 settlement provision on it, if you'd like to see 9 it, we have it right here and if I may present it. 10 Okay. 11 MR. FRIEDLAND: Judge, did my letter to 12 Mr. Acker make it to your chambers? I'd like 13 to -- 14 THE COURT: Which one? 15 MR. FRIEDLAND: The letter dated July 15th. 16 THE COURT: I have the 18th and 17th. 17 MR. FRIEDLAND: Okay. And I also have the 18 summary of the pending litigation. This is why I 19 asked Mr. Acker to identify in which of these 20 cases he feels, you know, he requires counsel and 21 how that could benefit the estate. 22 MR. FORMAN: Your Honor, to help the court. 23 THE COURT: Yes, sir. 24 MR. FORMAN: If you look on the second page 25 of the material I gave you, that recites a 00020 1 settlement agreement. And that recites the 2 provision that Mr. Friedland was talking about 3 that. It says Karen and David, and not Mark, are 4 to handle most of the pending litigation and 5 estate tax issues. 6 THE COURT: What was that? 7 MR. ACKER: I just hit the mic, I'm sorry. 8 MR. FORMAN: You know, this is the settlement 9 agreement approved by the court. Okay. All 10 right. So clearly, number one, Mark Acker is not 11 to be involved. He agreed not to be involved in 12 the pending litigation and estate tax issues. 13 Then you go to the next page, Judge, which is the 14 Rockland County accounting procedure. And, again, 15 referred to by Mr. Friedland. And, again, 16 pursuant to the settlement agreement approved by 17 the court, Karen and David are the ones to be 18 involved as relate to those accounting procedures. 19 So all -- and, again, the next page, it 20 shows the Form 706 audit. Again, it says that 21 Karen and David are the ones to handle that, 22 and not Mark. That's the one that -- that's 23 pursuant to the settlement agreement. 24 So all we're asking for, Judge, is to make 25 sure, yes, he has a right to have counsel. He 00021 1 has the right to seek payment from the estate. 2 All we want to do is make sure that consistent 3 with the settlement agreement approved by this 4 court, that to the extent he has counsel, it's 5 in areas that are not governed by the 6 settlement agreement. That's all we're asking 7 for, Judge, so that we have some control and 8 some understanding. That was the purpose of 9 the settlement agreement, to bring some control 10 and normalcy to this estate proceeding. And so 11 you understand, pursuant to the settlement 12 agreement, because Karen and David, with Kirk, 13 were the ones appointed to handle these 14 proceedings, they are the ones that basically 15 also are subject to the liabilities pursuant to 16 the settlement agreement, if there are certain 17 things that come about, such as penalties and 18 things like that. That's what the settlement 19 agreement provides. 20 So the issue is, right to retain counsel? 21 Yes. The right to seek the estate to pay for 22 it? Yes. But the areas should be defined as 23 to what that counsel is to be involved in 24 pursuant to the settlement agreement, that's 25 all we ask, Judge. 00022 1 MR. ACKER: Your Honor, I would -- as far as 2 all the statements made earlier by Kirk -- 3 THE COURT: I don't care. 4 MR. ACKER: Just to let, you know, this book 5 that I submitted to the court -- 6 THE COURT: I'm asking you right now, what he 7 just said, do you understand that? 8 MR. ACKER: And he's incorrect in what he's 9 saying. I can clarify that, if you'd like. 10 THE COURT: He's correct or incorrect? 11 MR. ACKER: Incorrect. First of all, the 12 settlement agreement wasn't done at that time, 13 which was November 16, 2010 -- was the -- the 14 statement is correct. Mr. Forman has been with 15 Karen less than a year. So I don't think he 16 understands the full history of this case. If he 17 does, he's misrepresenting it. 18 The thing that took place in 2011, early 19 2012, is that the IRS -- 20 THE COURT: This hearing -- 21 MR. ACKER: The IRS -- 22 THE COURT: This hearing is about over, okay? 23 MR. ACKER: No, it's not history. 24 THE COURT: Listen to me. Listen to me. 25 What is it -- you want counsel to represent you on 00023 1 what? 2 MR. ACKER: I need counsel to represent me 3 from the tax misrepresentation that Kirk 4 Friedland, Karen Acker, David Acker -- 5 THE COURT: You want somebody for the IRS? 6 MR. ACKER: For right now the IRS has advised 7 me -- 8 THE COURT: I'm denying that. 9 MR. ACKER: Okay. 10 THE COURT: Denying that. 11 MR. ACKER: And I also need the legal 12 representation to go through -- see, the problem I 13 have here is having legal representation with Kirk 14 Friedland, who's adversarial towards me, makes no 15 sense because he's been using his votes to 16 override me right through the whole thing. So -- 17 THE COURT: Welcome to democracy, sir. 18 MR. ACKER: I understand that. But the point 19 is, when you're in the position as Kirk Friedland 20 is in, and I have supported -- supported -- to 21 this court on many occasions, okay, that his 22 actions are totally inappropriate and non-neutral, 23 and he's still in the position he's in. And he 24 has stated, okay, in writing that he's 25 adversarial. His removal should be done 00024 1 immediately. 2 THE COURT: We already had this evidentiary 3 hearing. 4 MR. ACKER: But at this point -- but 5 getting -- for me to obtain counsel with him 6 present in the estate as a co-personal 7 representative, okay, I can't -- I can't do 8 anything -- 9 THE COURT: Counsel for you is counsel for 10 you. 11 MR. ACKER: It doesn't make a difference. I 12 had counsel three years ago and I sent to the 13 court numerous documentation, showing my counsel, 14 showing his adversarial position towards me, where 15 they ended up refusing to continue for lack of 16 payment because of Kirk Friedland. So with his 17 remaining as the neutral fiduciary is extremely 18 damaging to the estate, will continue to be 19 damaging to the estate. And if this court does 20 not wish to make a decision of removal of Kirk 21 Friedland, eventually -- eventually, the federal 22 government, okay, because the evidence is very 23 clear, they know that the tax misrepresentation 24 has taken place, Mr. Friedland is going to be 25 part, okay, of whatever falls out of it. The 00025 1 federal government tax division on the appeal, 2 they filed an appeal with the federal tax 3 division, that appeal just was placed on -- 4 THE COURT: I don't want to hear any more 5 about the tax. Okay. I already heard all of 6 that. And I heard how -- listen to me -- because 7 I'm this close to removing you, okay, so we can 8 eliminate all of this unnecessary litigation and 9 so forth. You're a problem. It's obvious. I 10 heard the testimony on both sides. I saw the 11 litigation that I saw. And, listen, as a guy who 12 practiced law for over 30 years as a litigator, I 13 saw the unnecessary litigation that was 14 promulgated by you. But at the same token, I gave 15 you the benefit of the doubt and I tried to make 16 sure that we tried to get this case off. If you 17 want to continue to participate in this, then my 18 suggestion to you is that you need to cool your 19 jets. 20 MR. ACKER: I rest my case. 21 THE COURT: Simple as that. Simple as that. 22 Because that's not going -- now, as far as when 23 you -- if you want representation because you 24 think he's breached his fiduciary duty, or 25 something of that nature, you go out and get it, 00026 1 and you show how that's going to be beneficial to 2 the estate, and I'll be more than happy to have 3 the estate pay for that. But I'm not going to put 4 you in control again to squander additional assets 5 of this estate. End of subject. End of hearing. 6 MR. ACKER: Thank you for your time, Your 7 Honor. 8 MR. FRIEDLAND: Your Honor, I prepared a form 9 of order denying the motion. 10 THE COURT: Let me have it. 11 MR. ACKER: Your honor, can I just submit 12 my -- what I stated? 13 THE COURT: That's inappropriate. 14 MR. ACKER: Okay. 15 THE COURT: Thank you. 16 17 (Thereupon, the proceedings were 18 concluded at 10:08 a.m.) 19 20 21 22 23 24 25 00027 1 2 C E R T I F I C A T E 3 4 THE STATE OF FLORIDA COUNTY OF PALM BEACH. 5 6 7 I, DAVID L. MARSAA, Professional Reporter, 8 State of Florida at large, certify that I was 9 authorized to and did stenographically report the 10 foregoing proceedings and that the transcript is a 11 true and complete record of my stenographic notes. 12 Dated this 4th day of August, 2014. 13 14 15 ___________________________________ DAVID L. MARSAA, COURT REPORTER 16 17 18 19 20 21 22 23 24 25