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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I AD FOR WALTO COUTY, FLORIDA


CIVIL DIVISIO

CETEIAL BAK,

Plaintiff, Case o.: 09CA001577


vs.

JOH CARROLL, JODIE CARROLL,


CHAMBERS STREET BUILDERS, IC.,
TAUTO TRUSS, IC., and DEPARTMET
OF THE TREASURY ITERAL REVEUE
SERVICE, et al

Defendants.
____________________________________

JOH CARROLL,

Counter-Plaintiff

vs.

COASTAL COMMUITY BAK and


MIKE BYERS

Counter-Defendants.

____________________________________________/

COUTER-PLAITIFF JOH CARROLL’S REEWED


SECOD MOTIO TO COMPEL DISCOVERY FROM
COASTAL COMMUITY BAK

Defendant and Counter-Plaintiff John Carroll (“Carroll”), pursuant to Florida

Rule of Civil Procedure 1.380, moves for an Order compelling Coastal Community Bank

(“Coastal”) and non-party Heinz Falke to provide the appraisal of the subject property

dated December 2009 and in support states:

1. On December 26, 2009, Coastal ordered and obtained a rushed appraisal

of the subject property from Heinz Falke in order to facilitate a portfolio loan to
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Chairman DuBose’ son.

2. Heinz Falke is the same appraiser who performed all the earlier appraisals

on loans to Carroll through Coastal.

3. Heinz Falke was partners with Defendant Byers and Coastal’s Chairman

DuBose during the time he was actively appraising and re-appraising the subject

property. Attorney for Defendants, Frank Baker, Esq., was attorney for the firm Byers

DuBose Falke, LLC. Heinz Falke has a special relationship with Defendants Byers and

Coastal as well as their attorney Frank Baker.

4. Moments before the January 8, 2010 hearing on Carroll’s 1st Motion to

Compel Production, Frank Baker, Esq. turned over what was purported to be all the

documents Carroll sought along with a revised privilege log.

5. Coastal omitted any reference to the December 2009 appraisal of the

subject property which was in Coastal’s possession and rightfully due Carroll.

6. In April 2010, Heinz Falke brought a copy of the December 2009

appraisal of the subject property to his deposition duces tecum. Heinz Falke testified to

the contents of the appraisal during his deposition.

7. Heinz Falke left his deposition without leaving behind a copy of the

appraisal for Carroll.

8. Carroll has requested a copy of the December 2009 appraisal several

times. Continuing the Counter-Defendants pattern of deliberate obstruction of Carroll,

Heinz Falke and Coastal have not turned over a copy of the appraisal to Carroll.

EXHIBIT A

WHEREFORE, Carroll requests that the court enter an Order requiring

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Centennial, Coastal and Heinz Falke to immediately turn over to Carroll each and every

appraisal of the subject property, levying sanctions against Centennial, Coastal and

Byers, and granting such other or further relief as is appropriate.

I HEREBY CERTIFY that a copy of the foregoing was forwarded to Frank A.


Baker, Esq., 4431 Lafayette Street, Marianna, FL. 32446, counsel for Coastal and
Centennial and Byers, and to Paul Alan Sprowls, Asst. U.S. Attorney, 111 North Adams
Street, Tallahassee, FL 32301, counsel for the IRS, and to Heinz Falke PO Box 27415,
Panama City Beach, FL 32411 by regular mail this 10th day of September, 2010.

Respectfully submitted, ___________________________

John Carroll
Box 613524
WaterSound, FL 32461
Phone (850) 231-5616
Fax (850) 622-5618

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EXHIBIT A
In a message dated 6/11/2010 3:18:21 P.M. Central Daylight Time, hwfalke@comcast.net writes:

John,

Attached are the three appraisals described in the Notice of Deposition. If you require any additional
information, please contact me.
Sincerely,

Heinz W. Falke

St.Cert.Res.REA #RD4521

H.W. Falke, Inc.

Residential Appraisal & Consulting Services

850-258-9917 (P)

850-230-4489 (F)

hwfalke@comcast.net

www.hwfalke.com
______________________________________________________________

On Jun 11, 2010 8:03 PM, <AAbsolute@aol.com> wrote:

Heinz,

Thanks for what you have sent. I am seeing at least (1) omission. That is the opinion you
certified on Lot 24, on or about December 2009. Your testimony indicated a value of construction
in place as well as an estimate from James Gortemoller on the cost to complete. Your testimony
indicated a completed value as well, based upon the spec's.

Please forward that to me as well.

Thanks, John Carroll

______________________________________________________________

In a message dated 6/11/2010 9:38:50 P.M. Central Daylight Time, hwfalke@comcast.net writes:

John,
I will contact the bank as well as Mr. Baker regarding that appraisal. That was prepared for CCB
for the purpose of internal risk analysis. Coastal may have to provide you that directly. That
appraisal was not prepared for loan underwriting and I will have to obtain a specific letter to
forward that to you. I am sure there won't be a problem but I must adhere to my USPAP
guidelines related to intended use and user. Again, I am not trying to withhold any data but
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merely make sure I am adhering to my regulations. I will make the phone call first thing Monday
morning so it doesn't delay you any further. I do apologize for any inconvenience this may cause.
I am aware of what is to be provided based on the deposition request. I spend a lot of time
reviewing and preparing appraisals for litigation purpose. If you have any questions or concerns
regarding this matter please feel free to contact me directly. As stated herein, I will make this my
first priority Monday morning. I know time is an important factor for you.

Sincerely,
Heinz Falke
______________________________________________________________________

From: AAbsolute@aol.com [mailto:AAbsolute@aol.com]


Sent: Monday, June 14, 2010 12:50 PM
To: hwfalke@comcast.net
Subject: Re: Appraisals

Heinz,

I'm not a lawyer so I have to check, check, check Statute, Procedure, etc. I will tell you that I
am 100% confident that you should turn that appraisal over to me without any more delay. I can't
say anymore than you are ON NOTICE.

Seriously, John

_______________________________________________________________________

In a message dated 6/14/2010 12:59:44 P.M. Central Daylight Time, hwfalke@comcast.net


writes:

John,

I have left a message for Mr. Frank Baker regarding this matter. I was instructed by my clients to
obtain verification from Mr. Baker regarding the release of that report. As stated in the previous
emails that report was prepared for internal risk analysis, not mortgage loan underwriting. I will
do exactly as I am instructed by the Bank’s Attorney. Please be patient as I did exactly what I
said and called both Coastal Community bank and Mr. Frank Baker regarding your request.
Please do not confuse my adherence to my applicable regulations as me being difficult or
evasive.

Sincerely,

Heinz W. Falke

St.Cert.Res.REA #RD4521

H.W. Falke, Inc.

Residential Appraisal & Consulting Services

850-258-9917 (P)

850-230-4489 (F)

hwfalke@comcast.net

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www.hwfalke.com

_____________________________________________________________
> From: AAbsolute@aol.com [mailto:AAbsolute@aol.com]
Sent: Thursday, June 17, 2010 9:32 AM
To: hwfalke@comcast.net
Subject: Re: Appraisals

Heinz,

You produced the appraisal and testified to its contents during deposition. Unfortunately for
me, by the time I finished the following deponent, you were gone and no copy was left per the
deuces tecum. I'm going to make a Motion to the Court this morning. I'll copy you and Mr. Baker
on its contents.

John Carroll

______________________________________________________________

John,

I was instructed by Mr. Frank Baker to defer any contact or requests to him. I am not a lawyer or
a defendant, so please stop asking me for items pertaining to your case directly. Please contact
the defending attorney for any requests regarding specific documents.

Sincerely,

Heinz W. Falke

St.Cert.Res.REA #RD4521

H.W. Falke, Inc.

Residential Appraisal & Consulting Services

850-258-9917 (P)

850-230-4489 (F)

hwfalke@comcast.net

www.hwfalke.com

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