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  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview
  • THE FERRARO LAW FIRM, P.A. ET AL VS ROYAL MERCHANT HOLDINGS, LLC Other Professional Malpractice document preview 
						
                                
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                                Filing # 151217382 E-Filed 06/09/2022 05:15:35 PM


                                IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
                                            IN AND FOR MIAMI-DADE COUNTY, FLORIDA


                  THE FERRARO LAW FIRM, P.A.                                              CIRCUIT CIVIL DIVISION
                  a Florida Corporation, and JAMES L.
                  FERRARO, an individual,                                                 CASE NO.: 2021-003987-CA-01

                           Petitioners,

                  v.

                  ROYAL MERCHANT HOLDINGS, LLC,
                  a Florida limited liability company,

                           Respondent.
                  _____________________________________/

                         MOTION TO STRIKE PORTION OF JAMES L. FERRARO’S AFFIDAVIT IN
                                     SUPPORT OF PETITIONERS’ MOTION TO DISQUALIFY

                           The undersigned, based upon the content of the affidavit filed by James L. Ferraro in his

                  Petitioners’ Motion to Disqualify dated June 9, 022, files the subject Motion to Strike Portion of

                  James L. Ferraro’s Affidavit and as grounds therefore states:

                           1.       The undersigned is not a party of interest in this case.           However, he is disparaged

                  by Mr. Ferraro’s affidavit and believes the affidavit, as it refers to him, is false.

                           2.       On   June  8th, 2022,   immediately     after  being   furnished   a  copy   of the  Petitioners’

                  Motion to Disqualify and the subject Affidavit, the undersigned sent to Mr. Ferraro the following

                  email (attached hereto as       Exhibit “1”), to which      he has not responded.         On June 9th, 2022, the

                  undersigned     sent  a second    request   to Mr.   Ferraro   requesting   the  factual   basis  of his  Affidavit

                  (attached hereto as Exhibit “2”).       This too has not been responded to.

                           3.       The   Affidavit   of the  undersigned     is attached   hereto  in  support   of this  Motion    to

                  Strike as Exhibit “3.”
                           WHEREFORE, the undersigned requests this Honorable Court Disqualify the Portion of

                  James L. Ferraro’s Affidavit as stated above and any other relief the Court deems proper.

                                                         CERTIFICATE OF SERVICE

                           WE HEREBY CERTIFY that on this 9th day of June 2022, a true and correct copy of the

                  foregoing was filed with the Clerk of the Court by using the Florida Courts e-Filing Portal, which

                  will send an automatic e-mail message to the parties registered with the e-Filing Portal system:

                  James    L.   Ferraro,   Esq.   and   Dick    M.   Ortega,    Esq.,   THE    FERRARO         LAW      FIRM,     P.A.

                  (jferraro@ferrarolaw.com;        dortega@ferrarolaw.com)          and  Eugene     E.  Stearns,  Esq.,   STEARNS

                  WEVER            MILLER            WEISSLER              ALHADEFF              &        SITTERSON,              P.A.

                  (estearns@stearnsweaver.com).

                                                                        GROSSMAN ROTH YAFFA COHEN, P.A.
                                                                        2525 Ponce de Leon Blvd., #1150
                                                                        Coral Gables, Florida      33134
                                                                        Telephone:     (305) 442-8666
                                                                        Facsimile:    (305) 285-1668
                                                                        Primary:    szg@grossmanroth.com
                                                                        Secondary:     lka@grossmanroth.com


                                                                        By:      /s/ Stuart Z. Grossman
                                                                                 STUART Z. GROSSMAN
                                                                                 Florida Bar No.:     156113
                                                            EXHIBIT                      1
                  From: Stuart Grossman 
                  Date: June 8, 2022 at 11:53:35 AM PDT
                  To: Eugene Stearns , James Ferraro 
                  Subject: Re: Motion to recuse Judge Gold

                   1. In paragraph 6 I know if no social event I have hosted that the Judge and his wife have attended. For
                  that matter I know of no social event we attended with the Fines but certainly we all could have been at
                  some event at the same time.       Certainly none I have hosted     I insist he provide me with this evidence
                  and if I am mistaken I apologize. I have never appeared before him in court.
                  2. We are not members of Beth Am. I am in fact a member of Tenple Judea which I have endowed and
                  am General Counsel. I may have given some money to Beth Am as well as other charities some of which
                  are well known to Jim.
                  3. I told Jim that while I was invited to witness the hearing I was totally surprised by the introduction of
                  me as a family member and that was not planned. I stand by this Gene.
                  If there is anything else that you feel I have misrepresented Jim let me know now.
                  SZG


                   Stuart Z. Grossman
                   Grossman Roth Yaffa Cohen
                   2525 Ponce de Leon Blvd., Suite 1150
                   Coral Gables, Florida 33134
                   Tel: 305.442.8666 | Fax: 305.285.1668
                   szg@grossmanroth.com | www.grossmanroth.com
                                                           EXHIBIT                         2
                  From: Stuart Grossman 
                  Date: June 9, 2022 at 10:16:05 AM PDT
                  To: "James L. Ferraro" 
                  Cc: Eugene Stearns 
                  Subject: Fwd: Motion to recuse Judge Gold

                   Jim I am still awaiting your proof. Please send it to me NOW.
                  SZG

                   Stuart Z. Grossman
                   Grossman Roth Yaffa Cohen
                   2525 Ponce de Leon Blvd., Suite 1150
                   Coral Gables, Florida 33134
                   Tel: 305.442.8666 | Fax: 305.285.1668
                   szg@grossmanroth.com | www.grossmanroth.com
                                                           EXHIBIT                         3