Document for Jonathan Sweatman VS Sarah Zeeman

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                                · · · · ·IN THE SUPERIOR COURT OF DEKALB COUNTY
· · · · · · · · · ·STATE OF GEORGIA
·
· · · · · · CIVIL ACTION FILE NO:· 21CV9795
·

· · ·JONATHAN SWEATMAN,
· · · · · · · · · · · · ·Plaintiff,
· · ·v.

· · ·SARAH ZEEMAN,
· · · · · · · · · · · · ·Respondent/Counterclaim
· · · · · · · · · · · · ·Petitioner,

· · ·v.

· · ·JONATHAN SWEATMAN,
· · · · · · · · · · · · ·Counterclaim Respondent.
·

· · · · · · · · · · · · ·-· -    -

· · · · · · · Videoconferenced deposition of

· · ·JONATHAN RUSSELL SWEATMAN, taken on behalf of

· · ·the Respondent/Counterclaim Petitioner,

· · ·pursuant to notice and agreement of counsel,

· · ·with parties appearing remotely, on Tuesday,

· · ·July 11th, 2023, commencing at the hour of

· · ·10:33 a.m. and concluding at the hour of 12:53

· · ·p.m. of the same day, remotely reported by

· · ·Barbara J. Memory, Registered Professional

· · ·Reporter, Certified Georgia Reporter.

·

· · · · · · · · · · · · -· -    -

·

·
      JONATHAN SWEATMAN v SARAH ZEEMAN                  Page 2
      JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · · · · · APPEARANCES

·2
· · ·Appearing remotely on behalf of Jonathan
·3· ·Sweatman:

·4·   ·TIMOTHY L. MITCHELL, ESQUIRE
· ·   ·CHELSEA T. COOKE, ESQUIRE
·5·   ·Cruser, Mitchell, Novitz, Sanchez & Zimet, LLP
· ·   ·Meridian II, Suite 2000
·6·   ·275 Scientific Drive
· ·   ·Peachtree Corners, Georgia 30092
·7·   ·404.881.2622
· ·   ·tmitchell@cmlawfirm.com
·8·   ·ccooke@cmlawfirm.com

·9
· ·   ·Appearing remotely on behalf of Sarah Zeeman:
10
· ·   ·JEFF BANKS, ESQUIRE
11·   ·ANTHONY MORISI
· ·   ·Banks & Riedel, PC
12·   ·970 Walnut Street
· ·   ·Macon, Georgia 31201
13·   ·478.254.3230
· ·   ·banksnriedel@gmail.com
14

15·   ·BRETT LEDERMEIER, ESQUIRE
· ·   ·McLain & Merritt, PC
16·   ·11625 Rainwater Drive, Suite 125
· ·   ·Alpharetta, Georgia 30009
17·   ·404.365.4566
· ·   ·bledermeier@mmatllaw.com
18

19·   ·NOAH CALDWELL, ESQUIRE
· ·   ·Swift, Currie, McGhee & Hiers, LLP
20·   ·1355 Peachtree Street, NE, Suite 300
· ·   ·Atlanta, Georgia 30309
21·   ·404.888.6203
· ·   ·noah.caldwell@swiftcurrie.com
22

23· ·Also Remotely Present:· Sarah Julia Zeeman
· · · · · · · · · · · · · · ·Respondent/Counterclaim
24· · · · · · · · · · · · · ·Petitioner

25· · · · · · · · · · -· -         -
     JONATHAN SWEATMAN v SARAH ZEEMAN                  Page 3
     JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · FIRM DISCLOSURE OF NO CONTRACT
·2
·3· · · · ·I, Barbara J. Memory, do hereby disclose
·4· ·pursuant to Article 10.B of the Rules and
·5· ·Regulations of the Board of Court Reporting of
·6· ·the Judicial Council of Georgia, that Memory
·7· ·Reporting, Inc. was contacted by AdvancedONE
·8· ·Legal/Lexitas to provide court reporting
·9· ·services for this deposition and there is no
10· ·contract that is prohibited by O.C.G.A.
11· ·15-14-37(a) and (b) for the taking of this
12· ·deposition.
13· · · · There is no contract to provide reporting
14· ·services between Memory Reporting, Inc. or any
15· ·person with whom Memory Reporting, Inc. has a
16· ·principal and agency relationship, nor any
17· ·attorney at law in this action, party to this
18· ·action, or party having a financial interest in
19· ·this action, or agent for an attorney at law in
20· ·this action.
21· · · · Any and all financial arrangements beyond
22· ·Memory Reporting's usual and customary rates
23· ·have been disclosed and offered to all parties.
24
25· · · · · · · · · · · -· -          -
     JONATHAN SWEATMAN v SARAH ZEEMAN                  Page 4
     JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · · ·INDEX OF EXAMINATIONS
·2
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·4· ·JONATHAN RUSSELL SWEATMAN
·5· · · · Examination By Mr. Banks· · · · · · · · ·6
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·7· · · · · · · · · · · -· -          -
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      JONATHAN SWEATMAN v SARAH ZEEMAN                   Page 5
      JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · INDEX OF PLAINTIFF'S EXHIBITS

·2· ·No.· · · ·Description· · · · · · · · · · · Page

·3· ·4· · · · ·Photograph of Deck· · · · · · · · ·17

·4· ·1· · · · ·Survey and Proposed Site Plan· · · 22

·5· ·3· · · · ·Letter Dated December 8, 2019· · · 26
· · · · · · · ·from Diana and Jonathan Sweatman
·6· · · · · · ·to Ms. Sarah Zeeman

·7· ·2· · · · ·Letter Dated June 25, 2021 from· · 29
· · · · · · · ·Jonathan and Diana Sweatman to
·8· · · · · · ·Ms. Sarah Zeeman

·9·   ·5· · · · ·Photograph of Two Houses in· · · · 42
· ·   · · · · · ·Question
10
· ·   ·11· · · · Photograph of Two Air· · · · · · · 64
11·   · · · · · ·Conditioners

12·   ·13· · · · Photograph of Posts in Ground· · · 72
· ·   · · · · · ·and Air Conditioner
13
· ·   ·9· · · · ·Photograph of Air Conditioner· · · 74
14·   · · · · · ·and Pad

15·   ·17· · · · Photograph of Air Conditioner· · · 74
· ·   · · · · · ·and Pad
16
· ·   ·14· · · · Photograph of Drain with· · · · · ·93
17·   · · · · · ·Turquoise PVC Pipe

18· ·15· · · · Photograph of Turquoise PVC Pipe· ·94

19· ·16· · · · Photograph of a Tree Stump· · · · ·96

20

21· · · · · · · · · · · -· -          -

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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 6
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · JONATHAN RUSSELL SWEATMAN,
·2· · having been produced and first duly sworn,
·3· · · · · · · ·testified as follows:
·4· · · · · · · · · · EXAMINATION
·5· ·BY MR. BANKS:
·6· · · · Q.· ·Mr. Sweatman, we met a few weeks ago.
·7· ·My name is Jeff Banks.· I represent Ms. Zeeman.
·8· · · · · · ·Have you ever had your deposition
·9· ·taken before?
10· · · · A.· ·No.
11· · · · Q.· ·Okay.· Just a few couple brief points
12· ·about it.
13· · · · · · ·This is our opportunity to kind of
14· ·get to hear your story before we go to court,
15· ·and your lawyer, of course, is going to get to
16· ·hear Ms. Zeeman's story.· I get to ask you
17· ·questions and you have to answer them.
18· · · · · · ·This kind lady that just swore you in
19· ·is taking down everything we say, so as far as
20· ·a couple rules on that.· I'll try not to talk
21· ·over you and you try not to talk over me.· It's
22· ·easy to -- it's easy to do, but it makes her
23· ·life a living hell because she can't write down
24· ·what both of us are saying at once.· I'm
25· ·probably as bad about it as anybody else.



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 7
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · ·But sometimes, unfortunately, I tend
·2· ·to pause in the middle of my question, but she
·3· ·likes an answer.· And I'll try not to do that,
·4· ·but if I do, you might start an answer before I
·5· ·finish the question.· And again, that makes it
·6· ·very difficult to read later, because she's
·7· ·going to type up all this stuff so we'll have a
·8· ·transcript of it.
·9· · · · · · ·If you don't understand my question,
10· ·you won't hurt my feelings.· Just say "I don't
11· ·understand it," and I'll rephrase it.
12· · · · · · ·And other than that, just -- just
13· ·answer the questions.
14· · · · · · ·And if you have any questions for me
15· ·about how we're -- how this works, you're
16· ·welcome to ask.· Okay?
17· · · · A.· ·Thank you.
18· · · · Q.· ·Okay.· State your full name for the
19· ·record.
20· · · · A.· ·Jonathan Russell Sweatman.
21· · · · Q.· ·Okay.· And Mr. Sweatman, do you have
22· ·any relatives in DeKalb County?
23· · · · A.· ·My wife.
24· · · · Q.· ·Okay.· No others?
25· · · · A.· ·Correct.



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 8
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · Q.· ·Okay.· And do you work for Cirrus
·2· ·Designs?
·3· · · · A.· ·Correct.
·4· · · · Q.· ·And you're an airplane salesman?
·5· · · · A.· ·Correct.
·6· · · · Q.· ·And --
·7· · · · A.· ·My title is -- my title is regional
·8· ·sales director.
·9· · · · Q.· ·Okay.· And as far as you know, is
10· ·there anybody else with Cirrus working in
11· ·DeKalb County?
12· · · · A.· ·No.
13· · · · Q.· ·The reason I'm asking you that, in
14· ·case we were to have a jury trial, you know,
15· ·obviously, we don't want your friends and
16· ·buddies and relatives on the jury.
17· · · · · · ·Okay.· For the purpose of the -- this
18· ·deposition, I know you -- you -- you
19· ·constructed a fence, the fence is up now.
20· · · · · · ·When did you -- when did you
21· ·construct that?· It can being an approximate
22· ·date.
23· · · · A.· ·October 2021.
24· · · · Q.· ·Okay.· So I'm going to refer to that
25· ·as the "new fence," if I have a question about



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 9
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·that.· Is that okay?
·2· · · · A.· ·Yes, sir.
·3· · · · Q.· ·And the previous fence, that was put
·4· ·in by the builder, correct?
·5· · · · A.· ·No, sir.
·6· · · · Q.· ·Who put the previous fence in?
·7· · · · A.· ·Nobody knows that.· Nobody can
·8· ·establish that.
·9· · · · Q.· ·So it was there when you moved in?
10· · · · A.· ·No, sir.
11· · · · Q.· ·It was there after you moved in?
12· · · · A.· ·Yes, sir.
13· · · · Q.· ·So you lived there, but you no -- but
14· ·you have no idea who put it up?
15· · · · A.· ·That is correct.
16· · · · Q.· ·Okay.· But it wasn't there when --
17· ·what year did you move in?
18· · · · A.· ·1994.
19· · · · Q.· ·And you didn't pay for the fence;
20· ·somebody else did?
21· · · · A.· ·That is correct.
22· · · · Q.· ·Who was your neighbor back then?
23· · · · A.· ·John Thompson.
24· · · · Q.· ·Have you spoken to him about this
25· ·case at all?



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 10
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · A.· ·I have.
·2· · · · Q.· ·And when did you speak to him?
·3· · · · A.· ·18 to 24 months ago.
·4· · · · Q.· ·Do you have his phone number?
·5· · · · A.· ·I do.
·6· · · · Q.· ·Do you have it on you, or is it
·7· ·something that you'll need to provide?
·8· · · · A.· ·I'm -- I'm -- I'm looking at it right
·9· ·now, as it happens.
10· · · · Q.· ·Can you give it to me?
11· · · · A.· ·Area code -- excuse me.
12· · · · · · ·THE WITNESS:· Chelsea, Tim, is
13· · · · there any reason why I wouldn't share
14· · · · my previous neighbor's phone number
15· · · · with Mr. Banks?
16· · · · · · ·MR. MITCHELL:· (Indicating).
17· · · · · · ·THE WITNESS:· Okay.
18· · · · · · ·Area code (405)840-1119.
19· ·BY MR. BANKS:
20· · · · Q.· ·Okay.· And do you remember it being
21· ·put up?
22· · · · A.· ·No, I do not.
23· · · · Q.· ·It's just been there as long as you
24· ·can remember?
25· · · · A.· ·No, that's too broad a statement.



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 11
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·It's not as long as I can remember.
·2· · · · Q.· ·Did you have --
·3· · · · A.· ·I can clarify if you wish.
·4· · · · Q.· ·Go ahead.
·5· · · · A.· ·The builder built three houses side
·6· ·by side and he installed the fence along the
·7· ·back line of all three houses.· He did not
·8· ·install the fence that divides Lot 1,
·9· ·Ms. Zeeman's lot today, from Lot 2, my lot,
10· ·from Lot 3, the Joneses, to my right.
11· · · · · · ·At some point after I purchased the
12· ·middle lot and Mr. Thompson purchased what is
13· ·now Ms. Zeeman's, the first lot, there was a
14· ·fence installed that enclosed the backyard of
15· ·Lot No. 1, which is currently Ms. Zeeman's lot.
16· ·It was not built by the builder as part of the
17· ·original construction of the three houses.
18· ·Originally all three backyards ran together and
19· ·were only divided from the adjoining lot on the
20· ·back.· They were not divided from one another.
21· · · · Q.· ·Did you -- did you -- did you buy a
22· ·lot when the builder built the house or did --
23· · · · · · ·Let me rephrase that.
24· · · · · · ·Was the house built when you bought
25· ·it?



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 12
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · A.· ·Yes, sir.
·2· · · · Q.· ·Okay.· Because you said you bought
·3· ·the lot.· So it was a lot with a house on it?
·4· · · · A.· ·I -- I did not say I bought the lot.
·5· ·I bought the house on the lot from the builder.
·6· · · · Q.· ·The old fence between the houses,
·7· ·it's identical to the fence along the back of
·8· ·the -- of the property, correct?
·9· · · · A.· ·I'm sorry.· The beginning of your
10· ·question cut off there.· Would you mind
11· ·repeating it, please?
12· · · · Q.· ·Yes.· The fence between your --
13· ·your -- your property, the old fence, what we
14· ·talked about as the old fence, the old fence is
15· ·identical in construction and materials as the
16· ·fence along the back of yours and Ms. Zeeman's
17· ·property; isn't that correct?
18· · · · A.· ·I can't speak to that because that
19· ·fence has now been gone for two years, so I
20· ·can't tell you whether it's identical or not.
21· ·I don't know.
22· · · · Q.· ·Well, the new fence -- did you -- did
23· ·you actually -- were you the one that installed
24· ·the new fence?
25· · · · A.· ·Yes, sir.



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 13
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · Q.· ·Okay.· The new fence is installed
·2· ·plank by plank, 6-inch plank or
·3· ·five-and-a-half-inch plank by
·4· ·five-and-a-half-inch plank, right?
·5· · · · A.· ·That is correct.
·6· · · · Q.· ·And the old fence was prebuilt
·7· ·sections, right?
·8· · · · A.· ·I don't know the answer to that.
·9· · · · Q.· ·Okay.· You moved in in '94, correct?
10· · · · A.· ·Yes, sir.
11· · · · Q.· ·What is your best guess, if you can,
12· ·of when the -- when the fence between the two
13· ·properties was built?· How long after you moved
14· ·in?
15· · · · A.· ·Nothing but a guess, but early on in
16· ·my tenure.
17· · · · Q.· ·First couple of years?
18· · · · A.· ·I think that's a reasonable
19· ·assumption, yes.
20· · · · Q.· ·Okay.· And by the way, I know you
21· ·need to get on with what you're doing, and I --
22· ·I am not -- I -- I am not -- I'm going to do my
23· ·best not to drag this on a long time and just
24· ·get to the things that I think are important.
25· · · · · · ·I've read your lawsuit, but in



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 14
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·your -- in your words, what are you suing for?
·2· · · · A.· ·There are three encroachments,
·3· ·consisting of a pair of HVAC condenser units, a
·4· ·garden window, and a portion of my neighbor's
·5· ·deck, which encroach over the property line.
·6· · · · · · ·I am concerned that when the time
·7· ·comes for either Ms. Zeeman or myself to sell,
·8· ·that having encroachments over a property line
·9· ·could be an encumbrance to the sale of one side
10· ·or the other of the property.· And so --
11· · · · Q.· ·Go ahead.· I'm sorry.· I interrupted
12· ·you.· I'm sorry.
13· · · · A.· ·That's all right.
14· · · · · · ·And so in order to get that resolved
15· ·while we're not under the pressure of a
16· ·potential sale, I decided to approach Ms.
17· ·Zeeman in an effort to get those encroachments
18· ·resolved by means of a boundary line and/or
19· ·easement agreement document.
20· · · · · · ·And I have made 17 separate offers to
21· ·her to enter into that agreement, all of which
22· ·have been ignored; and, therefore, I was left
23· ·no choice than to hire counsel, Ms. Rose, and
24· ·she sent the first demand letter, which then
25· ·became a suit.



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 15
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · ·And so the suit specifically is
·2· ·asking for the removal of the two HVAC units,
·3· ·the garden window, and the deck that is
·4· ·encroaching over the property line.
·5· · · · Q.· ·Okay.
·6· · · · A.· ·Excuse me.· Not the whole deck, only
·7· ·the part of it that is over the property line.
·8· · · · Q.· ·Okay.· And I see you're also suing
·9· ·for attorney's fees, correct?
10· · · · A.· ·Yes, sir.
11· · · · Q.· ·Okay.· And is -- how much have you
12· ·paid Ms. Rose?
13· · · · A.· ·Approximately -- I have a specific
14· ·figure in another screen, which I could go and
15· ·get for you now if you'd like to, but in the
16· ·order of $42,000.
17· · · · Q.· ·Okay.· Yeah, approximately.· Just
18· ·because, obviously, if we were to go to trial
19· ·we'd incur more before then, so I just wanted
20· ·to know an approximation.
21· · · · · · ·And Mr. Tim Mitchell, is that -- is
22· ·he retained by you or somebody else?
23· · · · A.· ·No, sir.· Mr. Mitchell is retained by
24· ·my homeowner's -- homeowner's insurance.
25· · · · Q.· ·If you know what this question means,



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 16
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·I'd like you to answer it.· But have they sent
·2· ·you a reservation of rights letter, the
·3· ·homeowners?
·4· · · · A.· ·My wife and I have that as a joint
·5· ·policy, and she has been sent various documents
·6· ·by our homeowners insurance.· I don't know
·7· ·exactly what those documents are.
·8· · · · Q.· ·Okay.· And I'm not going to go --
·9· ·again, I -- I -- I -- I appreciate your time's
10· ·valuable, but I just want to hit a couple quick
11· ·things.
12· · · · · · ·When she -- when she hired someone to
13· ·put the window in, when she hired someone to --
14· ·I mean, to replace her air conditioners, you
15· ·say that the improvements that she caused to
16· ·your house were made without good faith.
17· · · · · · ·What are you -- what leads you to
18· ·believe that she did those things without good
19· ·faith?
20· · · · A.· ·So, first of all, by "she," I presume
21· ·you're referring to Ms. Zeeman?
22· · · · Q.· ·Ms. Zeeman, yes.· I'm sorry.
23· · · · A.· ·That's all right.
24· · · · Q.· ·Thank you.
25· · · · A.· ·So first of all, I want to be clear



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 17
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·that since I am not a lawyer, I couldn't
·2· ·accurately define for you the phrase "good
·3· ·faith."· That is a phrase that has come in from
·4· ·my counsel since we've begun the process.
·5· · · · Q.· ·Okay.· Well, let me ask you --
·6· · · · A.· ·However -- however, Ms. Zeeman did
·7· ·not approach me and say, I'm having my HVAC
·8· ·upgraded, nor did she approach me and say, I'm
·9· ·having my windows changed.· So there was no
10· ·conversation between Ms. Zeeman and I with
11· ·regard to the upgrade of the HVAC or the change
12· ·in the style of the windows.
13· · · · · · ·With regard to the deck, what has
14· ·changed there is not by any action of
15· ·Ms. Zeeman, rather, by inaction of Ms. Zeeman,
16· ·because the deck is encroaching by virtue of it
17· ·warping and settling.
18· · · · Q.· ·Okay.· And how much are you saying
19· ·that -- I'll show you Exhibit 4.
20· · · · · · ·(Petitioner/Counterclaim
21· · · · Respondent's Exhibit No. 4 was
22· · · · presented for identification.)
23· ·BY MR. BANKS:
24· · · · Q.· ·So how much are you -- so you're
25· ·saying -- your testimony is by warping and



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 18
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·settling, the deck has moved towards your
·2· ·house?
·3· · · · A.· ·That is correct.
·4· · · · Q.· ·And how much do you claim it's moved?
·5· · · · A.· ·Approximately 2 to 3 inches.
·6· · · · · · ·Well, now let me rephrase that.
·7· · · · · · ·I don't know how much it has moved
·8· ·because I never took a measurement of it in its
·9· ·original position.· The point that it is now
10· ·moved to crosses the line by approximately 2 to
11· ·3 inches.· So how much it's moved, I do not
12· ·know because I do not have a start point.· But
13· ·it is now 2 to two-and-a-half inches over the
14· ·property line.
15· · · · Q.· ·Okay.· All right.· It's well taken
16· ·you -- you -- you -- I think, if I'm hearing
17· ·you correctly, that I think you're saying good
18· ·faith may be a legal term of art, so I guess
19· ·I'll ask you in a different way.
20· · · · · · ·When she had the air conditioners
21· ·replaced, we'll start with that.· When she had
22· ·her air conditioners replaced, what made you
23· ·believe that, if you do believe it, that
24· ·something -- that she did it in a nefarious way
25· ·or some way with some kind of intent to do



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 19
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·damage or hurt you?
·2· · · · · · ·Is that what you're suggesting?
·3· · · · A.· ·No, sir, it's not.
·4· · · · Q.· ·Is there anything that -- that you're
·5· ·aware of that makes you believe that she --
·6· ·that any of those three encroachments were
·7· ·because of something she was -- some intent she
·8· ·had to do -- to hurt you or hurt your property,
·9· ·encroach on your property intentionally?
10· · · · A.· ·I -- I -- I cannot speak to her state
11· ·of mind, her intent, or her motives at the
12· ·time.· You'd have to ask her that.
13· · · · Q.· ·Okay.
14· · · · · · ·MR. MITCHELL:· And Jeff, sorry
15· · · · to interrupt.· I just -- I don't know
16· · · · if we mentioned it at the beginning,
17· · · · but for this depo and then the next
18· · · · depo, we're reserving all objections
19· · · · except those that go to the form and
20· · · · responsiveness, correct?
21· · · · · · ·MR. BANKS:· I'm sorry.· I -- I
22· · · · can't believe I forgot to say that.
23· · · · Yes, we -- we can agree to reserve
24· · · · all objections except form of the
25· · · · question or responsiveness of the



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 20
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · answer until further use and any use
·2· · · · under the Civil Practice Act.
·3· · · · · · ·I'm sorry.· Thank you.
·4· · · · · · ·THE WITNESS:· And I'm sorry, but
·5· · · · I should refer back again to my lack
·6· · · · of legal training.· I don't know what
·7· · · · that just meant, but I assume that
·8· · · · was important between you two.
·9· ·BY MR. BANKS:
10· · · · Q.· ·It means we're not going to waste a
11· ·lot of time objecting, but I'm letting him
12· ·object later and he's going to let me object
13· ·later if we don't like something -- how you
14· ·said something.
15· · · · A.· ·Thank you for the clarification.
16· · · · Q.· ·Sure.· It speeds it up.
17· · · · · · ·When did you first become aware
18· ·that -- that the fence was over the property
19· ·line?
20· · · · A.· ·I first became aware that the fence
21· ·was over the property line --
22· · · · Q.· ·The old fence.
23· · · · · · ·I'm sorry.· I'm interrupting you now.
24· ·But I'm referring to the old fence.
25· · · · A.· ·Yes, sir, I assumed that was the



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 21
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·case.
·2· · · · · · ·I first became aware that the old
·3· ·fence was over the property line after I had
·4· ·commissioned a survey in 2020 and that survey
·5· ·showed where the property line is and showed
·6· ·where the old fence was located at that time.
·7· ·And when I was given the results of that
·8· ·survey, I -- it became apparent that the fence,
·9· ·the old fence, was in the wrong place.· And I
10· ·went and took some specific measurements
11· ·between the fence and the rebar to confirm for
12· ·myself what the survey showed.· That survey, I
13· ·believe, was done originally in May of 2020 and
14· ·was redone to show some of the detail not
15· ·relating to the fence in September of 2020.
16· · · · · · ·THE REPORTER:· I'm sorry.
17· · · · "September of 2021?"
18· · · · · · ·THE WITNESS:· No, ma'am.
19· · · · September 2020.
20· · · · · · ·THE REPORTER:· Thank you.
21· · · · · · ·THE WITNESS:· Again, I have -- I
22· · · · do have those surveys.· I can look
23· · · · and give exactly the dates.· But from
24· · · · recollection, the first survey I
25· · · · commissioned was in May of 2020, and



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     JONATHAN SWEATMAN v SARAH ZEEMAN                  Page 22
     JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · we then had it revised in September
·2· · · · of 2020 from a -- for some additional
·3· · · · detail that did not relate to
·4· · · · property lines or fences.
·5· ·BY MR. BANKS:
·6· · · · Q.· ·So you also -- for clarification, you
·7· ·also had a survey commissioned in -- on
·8· ·March 31st, 1994, correct?
·9· · · · A.· ·There is a survey from March of 1994.
10· ·I don't believe I commissioned it.· I believe
11· ·the builder commissioned it as part of the
12· ·closing documents when I bought the house from
13· ·the builder.· I don't remember specifically
14· ·commissioning a survey.· I do, however,
15· ·remember that it is in my closing documents
16· ·from 1994.· It has my name on it, but I believe
17· ·it was commissioned by the builder.
18· · · · Q.· ·It was given to you back then?
19· · · · A.· ·Yes, sir.
20· · · · Q.· ·Okay.
21· · · · A.· ·Yes, it was.
22· · · · · · ·(Petitioner/Counterclaim
23· · · · Respondent's Exhibit No. 1 was
24· · · · presented for identification.)
25



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   JONATHAN SWEATMAN v SARAH ZEEMAN                      Page 23
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·BY MR. BANKS:
·2· · · · Q.· ·Okay.· I'm showing you -- I'm showing
·3· ·you that.· If you can -- and you're correct.
·4· ·It says "Survey for Jonathan Sweatman" on the
·5· ·right, March 31st, 1994 correct?
·6· · · · A.· ·Jonathan Sweatman (pronunciation),
·7· ·yes.
·8· · · · Q.· ·Yes.· Oh, I'm sorry.· Did I say
·9· ·Sweatman (pronunciation)?· I'm sorry.
10· · · · A.· ·Yes.· I believe what you're looking
11· ·at, or what you have put on the screen there,
12· ·is a copy of the survey that was part of my
13· ·closing documents in 1994 done on my behalf.    I
14· ·may or may not have commissioned it.· I don't
15· ·remember.· The builder may have commissioned
16· ·it.
17· · · · · · ·And what you're looking at there is
18· ·that image electronically scanned into my
19· ·contractor's building permits.
20· · · · Q.· ·Okay.· But -- correct.· But this --
21· ·but this -- you at least remember -- remember
22· ·that as part of your closing, either the bank
23· ·or the -- or the builder, or somebody, or even
24· ·you, had a survey done at that time and then
25· ·you got a copy of that survey, and that's



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 24
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·Exhibit 1, right?
·2· · · · A.· ·That is correct.
·3· · · · Q.· ·Okay.· Now, up until 2020, when you
·4· ·had the -- the 2020 survey done, you were also
·5· ·under the belief that everything on the other
·6· ·side of the old fence on Ms. Zeeman's side
·7· ·belonged to Ms. Zeeman; isn't that correct?
·8· · · · A.· ·It is nothing that I'd given any
·9· ·consideration to, so I was not of the belief
10· ·nor was I not of the belief.· I hadn't given it
11· ·any consideration.
12· · · · Q.· ·Well, you didn't cut the grass over
13· ·there, did you?
14· · · · A.· ·I did not.
15· · · · Q.· ·So if you believed that was your
16· ·property, wouldn't you be over there cutting
17· ·the grass and maintaining it?
18· · · · A.· ·I -- the issue of where the fence was
19· ·relative to the property line had not come up
20· ·at that time.
21· · · · Q.· ·Okay.· But that wasn't my question.
22· · · · · · ·My question is:· If you believed that
23· ·the property on the other side of the fence, on
24· ·Ms. Zeeman's side of the fence, was yours,
25· ·wouldn't you be over there cutting the grass



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 25
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·and maintaining it?
·2· · · · A.· ·Not necessarily, because on that part
·3· ·of the property line, on my side, there is no
·4· ·grass, so I don't cut the grass on my side of
·5· ·the fence either.
·6· · · · Q.· ·If you had never given it -- you had
·7· ·never given it any thought -- is this your
·8· ·testimony?· You didn't go in her backyard
·9· ·without permission, did you?
10· · · · A.· ·I never went in her backyard without
11· ·permission.
12· · · · Q.· ·Okay.· And -- and I assume you would
13· ·have -- you would have asked permission because
14· ·you believed that was her backyard, right?
15· · · · A.· ·It's -- it's pure supposition
16· ·where -- this is all on the assumption that I
17· ·would feel I had a need to go in her backyard.
18· ·It's pure supposition.
19· · · · Q.· ·Well, what about -- there was a tree
20· ·there that was -- that was interfering with the
21· ·fence, right?· There was a tree right up
22· ·against the fence, correct, the old fence,
23· ·correct?
24· · · · A.· ·Yes, there was.
25· · · · Q.· ·Okay.· And she had it -- it needed to



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     JONATHAN SWEATMAN v SARAH ZEEMAN                  Page 26
     JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·be removed and she didn't consult you on
·2· ·removing it, did she?
·3· · · · A.· ·I don't remember.
·4· · · · Q.· ·Okay.· You didn't pay for removing
·5· ·the tree, did you?
·6· · · · A.· ·I did not.
·7· · · · Q.· ·And she -- and somebody paid for it.
·8· ·You wouldn't have any reason to disagree if she
·9· ·testified she paid to have that tree removed;
10· ·you wouldn't disagree with that, would you?
11· · · · A.· ·I would not.
12· · · · Q.· ·So you didn't do any maintenance on
13· ·the other side of the fence, at least up until
14· ·2020, right?· Other side of the old fence.    I
15· ·need to keep saying "old fence."· Is that
16· ·correct?
17· · · · A.· ·That is correct.
18· · · · Q.· ·Okay.· And I'm going to show you
19· ·Exhibit 3.
20· · · · · · ·MR. BANKS:· Anthony, would you
21· · · · put up Exhibit 3?
22· · · · · · ·(Petitioner/Counterclaim
23· · · · Respondent's Exhibit No. 3 was
24· · · · presented for identification.)
25



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 27
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·BY MR. BANKS:
·2· · · · Q.· ·This is a letter written -- well, is
·3· ·it -- is it true this is a letter written by
·4· ·you and your wife to Ms. Zeeman on
·5· ·December 8th, 2019?
·6· · · · A.· ·Yes.
·7· · · · Q.· ·Okay.· And you're asking her to share
·8· ·in replacing the fence because it's gotten
·9· ·dilapidated, right?
10· · · · A.· ·Yes.
11· · · · Q.· ·And by "the fence," I mean the old
12· ·fence that's between the two houses, correct?
13· · · · A.· ·Yes.
14· · · · Q.· ·Okay.
15· · · · A.· ·Well, it's -- this is broader than
16· ·that.
17· · · · Q.· ·Okay.· I'm sorry.· I'll -- I'll --
18· ·I'll make that correct.
19· · · · · · ·This -- this is -- you're asking --
20· ·you're proposing that since all the fence
21· ·around both of your houses is dilapidated, that
22· ·you together replace all the fences and the
23· ·part between your two houses, that's the part
24· ·that you suggested, reasonably so, that y'all
25· ·split the repair, the replacement costs,



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 28
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·correct?
·2· · · · A.· ·That is an accurate representation of
·3· ·what I wrote in this letter, yes.
·4· · · · Q.· ·Okay.· Read the first line for me,
·5· ·the first line, the first paragraph in that
·6· ·letter out loud.
·7· · · · A.· ·Thanks for your interest in
·8· ·repairing/replacing the fence around our yards
·9· ·and your willingness to split the cost of the
10· ·common fence line that runs parallel to Osborne
11· ·Road between our backyards.
12· · · · Q.· ·Okay.· Given that you said that the
13· ·fence runs between your backyards, isn't it
14· ·true that you believed -- even you believed
15· ·in -- on December 8th, 2019 that that was the
16· ·property line?
17· · · · A.· ·No, it is not the case.
18· · · · Q.· ·Well, why did you say the fence
19· ·that -- that -- the fence that is between your
20· ·two yards?
21· · · · A.· ·Because the fence is between our two
22· ·yards.· That paragraph you asked me to read
23· ·does not speculate where it is relative to the
24· ·property line.· It is a statement of fact that
25· ·the fence was between our two yards.· I don't



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 29
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·get into whether it is one side of the property
·2· ·line or the other in that opening paragraph.
·3· · · · Q.· ·Well, that's because you had no idea
·4· ·it was on the other side of the property line,
·5· ·correct?
·6· · · · A.· ·Correct.
·7· · · · Q.· ·Okay.· And I want to show you Exhibit
·8· ·2.
·9· · · · · · ·MR. BANKS:· Anthony, would you
10· · · · put up Exhibit 2?
11· · · · · · ·(Petitioner/Counterclaim
12· · · · Respondent's Exhibit No. 2 was
13· · · · presented for identification.)
14· ·BY MR. BANKS:
15· · · · Q.· ·Okay.· And is this a true and
16· ·accurate copy of a letter that you sent on
17· ·June 25th, 2021 to Ms. Zeeman?
18· · · · A.· ·I believe so, yes.
19· · · · Q.· ·Okay.· And in the second paragraph
20· ·you say:· In our conversation in January 2021,
21· ·you expressed a preference to delay until
22· ·spring of 2021 and we agreed to do so.· It is
23· ·also at that time I first mentioned the issue
24· ·of the property line and how the current fence
25· ·is placed 2 foot 8 inches on our side of the



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 30
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·line.
·2· · · · · · ·So was -- was that an accurate
·3· ·statement, the first time you ever mentioned
·4· ·this, that the -- that the fence was -- was
·5· ·totally on your property, would have been in
·6· ·January 2021?
·7· · · · A.· ·Correct.
·8· · · · Q.· ·Okay.· And if the fence was totally
·9· ·on your property and not on hers at all, why
10· ·would you want her to split that fence with
11· ·you, the cost of it?
12· · · · A.· ·Well, because if you look at the
13· ·chronology, in the first conversations about
14· ·the fence, I was not aware of the erroneous
15· ·placement of the fence, and, therefore, I
16· ·suggested to Ms. Zeeman that we do that as a
17· ·joint project and --
18· · · · Q.· ·Correct.
19· · · · A.· ·-- split the cost 50/50.· That is
20· ·whenever it was -- that letter of 2019.    I
21· ·think it was December of 2019.
22· · · · Q.· ·Okay.
23· · · · A.· ·However, by the time I wrote this
24· ·second letter in the middle of 2021, I had now
25· ·commissioned and received the new survey, which



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 31
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·is when the issue of the erroneous placement of
·2· ·the fence came to light.
·3· · · · Q.· ·So by your own testimony, by your own
·4· ·testimony, the -- or if I understood what
·5· ·you've just been saying for the last 15 minutes
·6· ·or so, or 20 minutes, that you first brought up
·7· ·to her that the property, that the fence was
·8· ·on -- totally on your property, and that would
·9· ·have been roughly -- even -- that would have
10· ·been -- let's see -- that would have been at
11· ·least minimum of 24 years after the fence was
12· ·there.· But if the fence was put up near the
13· ·time you purchased it, it would be even longer,
14· ·correct?
15· · · · A.· ·Not correct, no.· Speculation.· In
16· ·the same way that I cannot tell you how far the
17· ·deck has warped because I have no data from
18· ·which to begin that measurement, I can only
19· ·tell you where it is now.· I cannot answer
20· ·whether or not that is 20, 24 or other number
21· ·of years because nobody can establish when the
22· ·fence was installed.
23· · · · Q.· ·Well, we'll get back to that in a
24· ·minute.
25· · · · · · ·But since you brought up the deck,



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 32
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·isn't it true that your belief that the deck
·2· ·moved over 25 years is mere speculation as
·3· ·well, right?
·4· · · · A.· ·It is clearly apparent and visible to
·5· ·anybody that that deck post is warped.   A
·6· ·simple application, if you chose to took -- to
·7· ·take a builder's level, if you just stand back
·8· ·and look at it, you can see that it is warped.
·9· · · · Q.· ·Okay.· So isn't lots -- isn't lots of
10· ·lumbar warped even when you buy it brand-new?
11· · · · A.· ·You'd have to ask a lumbar
12· ·distributor.
13· · · · Q.· ·You -- you -- oh, so you don't do
14· ·what -- you don't do any carpentry yourself?
15· · · · A.· ·I do.· I do.
16· · · · Q.· ·So don't sometimes when you go to buy
17· ·boards, don't you -- I mean, I've built dozens
18· ·of decks.· I pull the boards out and I look at
19· ·them and see if they're warped before I load
20· ·them up.· Because a lot of them are warped;
21· ·isn't that true?
22· · · · A.· ·It is true, and I do the same thing
23· ·before I leave Lowe's.
24· · · · Q.· ·Right.· So you --
25· · · · A.· ·I don't bring warped posts home and



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 33
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·install them.
·2· · · · · · ·And this is not warped a little bit.
·3· ·This is very, very, very warped, clearly
·4· ·apparent to the naked eye, and would be even
·5· ·more apparent if you chose to put a builder's
·6· ·level on -- there's -- there's no -- there's
·7· ·no -- there's no -- there is no possibility in
·8· ·my opinion that the warping on that deck is as
·9· ·a result of the way it was built with
10· ·substandard lumbar back when it was built 30
11· ·years ago.
12· · · · · · ·MR. BANKS:· Exhibit 4, Anthony.
13· · · · Well, let's look at it.
14· · · · · · ·THE WITNESS:· Do you have a
15· · · · picture of the deck, Mr. Banks?
16· ·BY MR. BANKS:
17· · · · Q.· ·Yeah.· Absolutely.
18· · · · A.· ·Okay.
19· · · · Q.· ·There it is.· You're saying -- you're
20· ·saying any layman, anybody that's not even a --
21· ·not even an engineer can look at that and say
22· ·that that deck has moved 2 to 3 inches towards
23· ·your property?
24· · · · A.· ·I am saying that, yes.
25· · · · Q.· ·Okay.· What part of that does



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 34
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·there -- there's lots of references on there.
·2· ·There's steps, there's rails.· What part of it
·3· ·has moved 2 -- 2 to 3 inches towards your
·4· ·property?
·5· · · · A.· ·Could I ask your assistant --
·6· · · · Q.· ·Just -- just wait a minute.
·7· · · · · · ·MR. BANKS:· This is Exhibit 4,
·8· · · · for the record.
·9· ·BY MR. BANKS:
10· · · · Q.· ·Go ahead.
11· · · · A.· ·Could I ask your associate to use his
12· ·or her pointer?
13· · · · · · ·Thank you.
14· · · · · · ·THE WITNESS:· Would you
15· · · · please -- okay.· Would you stop on
16· · · · the vertical that is at the top?
17· · · · Yes, exactly there.· Thank you very
18· · · · much.· Now go slightly to your left
19· · · · and slightly down.
20· · · · · · ·You can clearly see -- no, no.
21· · · · Way too far.· You've gone way too
22· · · · far, sir.· Now some slightly to your
23· · · · right.· There it is.
24· · · · · · ·You can clearly see -- although
25· · · · the pointer is angled at the 11:



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   JONATHAN SWEATMAN v SARAH ZEEMAN          Page 35
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·o'clock position, if the pointer was
·2· ·angled at the 1:00 o'clock position,
·3· ·it would make it even easier to see.
·4· ·The post that is defining the top of
·5· ·the top rail of the handrail of the
·6· ·steps is reasonably vertical.· The
·7· ·post that is set behind it, and we
·8· ·can only see a small corner of it, is
·9· ·the one that has warped and is
10· ·leaning.· The fact that from this
11· ·angle the first of those upper posts
12· ·at the top of the staircase is not
13· ·completely obscuring the post at the
14· ·back of the landing from the stairs
15· ·further indicates how much it is
16· ·warped.
17· · · · If you'd like to move that
18· ·pointer, please, just a small
19· ·fraction to the right, sir.· Thank
20· ·you very much.
21· · · · That's exactly what I'm talking
22· ·about.· Clearly visible behind the
23· ·vertical at the top of the stairs,
24· ·and that is the one that has warped
25· ·and/or has settled or whatever it is.



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   JONATHAN SWEATMAN v SARAH ZEEMAN          Page 36
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · In addition to that, as we look
·2· ·at this image, although we don't have
·3· ·any reference to what level is from
·4· ·the photographer's standpoint, let's
·5· ·give it the benefit of the doubt that
·6· ·the steps are, quote/unquote,
·7· ·"level."· Now look at the handrails
·8· ·on the very back of the deck that are
·9· ·on the back.
10· · · · Please move the pointer to your
11· ·right two or three handrail pickets.
12· · · · You can clearly see just by
13· ·looking at that photograph that they
14· ·are leaning to the left because they
15· ·are attached to the post that has
16· ·warped and settled and they've been
17· ·pulled with it.· You can clearly see.
18· · · · Would you move the pointer down,
19· ·please, sir, to the top of the stair?
20· · · · You can clearly see that that
21· ·angle there is no longer 90 degrees.
22· · · · So that photograph shows that
23· ·the back most corner of the landing
24· ·of the deck, the post that supports
25· ·the back most corner, has either --



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 37
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · it -- it is warped, and may also have
·2· · · · settled.
·3· · · · · · ·If you have any photographs from
·4· · · · the other side, they are even more
·5· · · · apparent.
·6· · · · · · ·And I -- I -- I encourage you,
·7· · · · the next time you're out there,
·8· · · · Mr. Banks, to take a spirit level
·9· · · · with you, and that will just prove
10· · · · it.
11· ·BY MR. BANKS:
12· · · · Q.· ·Okay.· Well, but you don't know
13· ·whoever built the deck -- to start with, it
14· ·looks to me like the -- the -- the -- the deck,
15· ·most of it, is leaning more to the right than
16· ·it is the left.
17· · · · A.· ·Well, again, we have no -- we have no
18· ·reference for horizontal from the -- from our
19· ·photograph.
20· · · · Q.· ·So the reality is -- and we also
21· ·don't know what the lumbar looked like that was
22· ·built, that it was built with.· And -- and just
23· ·because you or I might be diligent to use
24· ·straight lumbar, we don't know that the
25· ·builder's employee was that diligent.· So the



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 38
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·reality --
·2· · · · A.· ·That -- that's -- that's -- that's
·3· ·not true, sir.· That is not true.
·4· · · · · · ·MR. MITCHELL:· Mr. Sweatman,
·5· · · · please, please let him finish his
·6· · · · question.
·7· · · · · · ·THE WITNESS:· Yes.· I'm sorry.
·8· ·BY MR. BANKS:
·9· · · · Q.· ·Well, I'll let you say -- so you
10· ·say -- you're absolutely sure that in 1993 or
11· ·'94, when this was built, that they used
12· ·straight lumbar to build the deck?
13· · · · A.· ·I did not say that.· I do, however,
14· ·have a photograph from 1994 showing this deck
15· ·and showing the fact that the old fence is not
16· ·in place.
17· · · · Q.· ·Okay.· Did you -- have you provided
18· ·that to us in the past?· Do you know?
19· · · · A.· ·I don't know.· It is a photograph
20· ·from the listing of the property when the
21· ·builder was listing it.
22· · · · Q.· ·Okay.· And from all the documents
23· ·that -- that you've -- your -- including your
24· ·lawsuit and your -- your -- your -- your emails
25· ·and all that, and even my measuring it, the



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 39
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·fence is about 2.8 feet over the line in your
·2· ·favor, correct?
·3· · · · A.· ·I'm sorry.· Would you restate that
·4· ·question, please?
·5· · · · Q.· ·Sure.
·6· · · · A.· ·And which fence are you referring to?
·7· · · · Q.· ·The -- the old fence.· I need to keep
·8· ·saying -- yeah, the old fence was about
·9· ·2.8 feet.· And this is what it says in your
10· ·lawsuit and your emails.· So the -- the
11· ·fence -- you constructed the new fence about
12· ·2.8 feet over from where the old fence is; is
13· ·that correct?
14· · · · A.· ·No, it is not.
15· · · · Q.· ·How far over did you move the new
16· ·fence?
17· · · · A.· ·Approximately -- and it's -- it's not
18· ·2.8.· It's 2 feet 8 inches.
19· · · · Q.· ·Okay.
20· · · · A.· ·And I moved the fence back towards
21· ·the property line approximately 2 feet 2 inches
22· ·such that no point of the new fence, including
23· ·the concrete bases, crossed the property line.
24· ·So I stopped short of the property line, not
25· ·only with the structure and fence, but also



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 40
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·1· ·with the concrete bases of the foundations of
·2· ·the fence posts.
·3· · · · Q.· ·If we were trying to put it back to
·4· ·where the old fence is, we would need to move
·5· ·the new fence -- looking from the back of the
·6· ·property to the road, we would need to move the
·7· ·new fence 2 feet 2 inches to the left; is that
·8· ·correct?
·9· · · · A.· ·Approximately, yes.· And I say
10· ·"approximately" because there is a fixed point
11· ·of the rebar at the back end of the fence,
12· ·where this photographer's back is pointing,
13· ·there is no such rebar halfway down the line,
14· ·and, therefore, measuring along the line is
15· ·done by tightening a surveyor's string.
16· · · · · · ·So we can get that number with great
17· ·accuracy in the very back corner of the
18· ·property, but it's a good estimation for the
19· ·entire length of the fence.
20· · · · Q.· ·So when you say "approximately," so
21· ·maybe 2 inches one way or the other?· Would
22· ·that be enough to come -- to -- to say how --
23· ·what the difference in moving the fence was?
24· · · · A.· ·I've estimated that 2 feet
25· ·2 inches --



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 41
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· · · · · · ·I'm sorry.· Would you mind repeating
·2· ·the question?· I want to make sure I'm
·3· ·answering it.
·4· · · · Q.· ·Sure.· Sure.· You said approximately
·5· ·2 foot 2 inches.· So approximately would you
·6· ·say or agree that, say, 2 inches one way or the
·7· ·other, so you moved it either somewhere between
·8· ·2 feet and 2 foot 4, or between 2 feet and 2
·9· ·foot 2 inches, either foot 2 inches or 2 foot
10· ·zero?
11· · · · · · ·When you say "approximately," I just
12· ·want to understand what "approximately" means.
13· · · · A.· ·Yes, sir.
14· · · · Q.· ·I think that -- well, would that --
15· ·would you agree with that, it could be 2 feet,
16· ·it could be 2 foot 4 inches?
17· · · · A.· ·No, I would not agree with that.
18· · · · Q.· ·Okay.· Well, can you give me a range
19· ·what it would be from highest to lowest?
20· · · · A.· ·No, sir, I cannot.· I used the word
21· ·"approximately" because I can be very accurate
22· ·where I have the rebar in the back corner of
23· ·the property to use as my starting data.· After
24· ·that point, I'm relying on a piece of taught
25· ·string run between the two rebars.· And so when



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   JONATHAN SWEATMAN v SARAH ZEEMAN                    Page 42
   JONATHAN RUSSELL SWEATMAN, 07/11/2023

·1· ·I say "approximately," I'm talking about plus
·2· ·or minus any minor variations in the tautness
·3· ·of that string, not by a specific number of
·4· ·inches left or right of it.
·5· · · · Q.· ·Well, does the -- the string you're
·6· ·talking about, was that string marking the new
·7· ·fence or the old fence?
·8· · · ·