Although this deposition was basically a joke, some very valuable information can be gained regardless clarifying "what" was actually being sold to the purchaser.(see conclusion at end)
Complete copies of all depositions can be found at the links below!
Please note the interactions between the attorneys? Is this considered normal behavior for a deposition? Legal professionals are welcome to send their comments on the contact page.
Q = Question asked by plaintiff's attorney Robert A. Stok.
A = Answer by Realtor Wayne E. Douglas of the Edith Ellen Estates Subdivision.
CONCLUSION:
Mr. Douglas is indeed a realtor, and sold the Smith’s residential home-site lots including the lot subject of this complaint in the Edith Ellen Subdivision, Hampton Lake Florida. Purchasers were led to believe that lot purchased could be utilized as a Single Family Residential home-site, and a home with a MINIMUM size of 1600 sq. ft. could be constructed, exclusive of garages, etc.
abuse of process n. the use of legal process by illegal, malicious, or perverted means. Examples include serving (officially giving) a complaint to someone when it has not actually been filed, just to intimidate an enemy; filing a false declaration of service (filing a paper untruthfully stating a lie that someone has officially given a notice to another person, filing a lawsuit which has no basis at law, but is intended to get information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. Some people think they are clever by abusing the process this way. A few unscrupulous lawyers do so intentionally and can be subject to discipline and punishment. Sometimes a lawyer will abuse the process accidentally; an honest one will promptly correct the error and apologize.
Here is the letter that is the basis for Smith & Douglas’ Slander, Defamation, and Libel suit. Now comparing to Smith’s very own deposition he agrees not a single statement is false or untrue, but his reason for suing his lot purchasers is that there is a SUBLIMINAL message in the letter sent out? (Pg.28/24)
Smith cannot identify one penny of monetary loss he sustained as a result of this letter, his attorney did it for him? Also, his excess damages were calculated based on feeling right, it seemed right because him & Wayne came up with the amount, and since they were getting sued why not sue back?