NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

Transcription

1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE (02) LYNN PHILLIPS, an individual, on behalf of herself and all others similarly situated, vs. Plaintiff, TD BANK, N.A., a national bank, Defendant. NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION A Florida Court authorized this notice. This is not a solicitation from a lawyer. You may be entitled to receive a settlement payment and cancellation of your loan balance in connection with a lawsuit against TD Bank, N.A. Your legal rights may be affected whether you act or do not act. Read this notice carefully because it explains decisions you must make and actions you must take now. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: DO NOTHING ELECT NOT TO WAIVE DEFICIENCY BALANCE EXCLUDE YOURSELF OBJECT TO THE SETTLEMENT GO TO A HEARING You will receive the benefits conferred by the settlement. You will receive the benefits conferred by the settlement, except you will not receive a waiver of your loan balance. You would not be entitled to any benefits under the settlement. This is the only choice that will allow you to sue the Defendant on your own about the claims discussed in this notice. You can write to the Court about why you do not agree with any aspect of the settlement. You can ask to speak to the Court about the fairness of the settlement, after you submit your objection. Refuse the waiver of your balance by completing the Election to Refuse Debt Waiver form and mailing on or before February 13, An exclusion request must be in writing and postmarked on or before February 13, An objection must be in writing, filed with the Court, and postmarked on or before February 13, A Notice of Intention to Appear must be in writing, filed with the Court, and postmarked on or before February 13, 2017 in addition to submitting a timely objection. These rights and options and the deadlines to exercise them are explained in this Notice. The Court still has to decide whether to approve the settlement. If you do not exclude yourself from the Class, the proposed settlement (if finally approved) will release certain claims, which are reprinted in full below, and will affect your right to start or continue any other lawsuit or proceeding against TD Bank, N.A. for the issues set forth in this notice. 1

2 WHAT THIS NOTICE CONTAINS TABLE OF CONTENTS Page Part I Why You Have Received This Notice Why Did I Receive This Notice? What Is This Lawsuit About And Why Did It Settle? What Does The Settlement Provide?... 4 Part II Description Of The Settlement Class Why Is This A Class Action? Am I A Member Of The Class? Are There Exceptions To Being Included? I m Still Not Sure If I m Included... 5 Part III Decisions You Must Make Now What Do I Need To Do Now? What Do I Give Up If I Choose To Stay In The Settlement Class? Do I Have To Sign A Release? What If I Do Nothing?... 6 Part IV Settlement Benefits What You Get What Do I Get From The Settlement?... 6 Part V Tax Implications What Are The Tax Implications For Me If I Accept This Settlement?... 6 Part VI Filing A Later Lawsuit Making Similar Claims Can I File A Later Lawsuit Making Similar Claims?... 7 Part VII The Lawyers Representing The Settlement Class Do I Have A Lawyer In This Case? How Will The Lawyers And Class Representative In The Lawsuit Be Paid?... 7 Part VIII Excluding Yourself From The Settlement How Do I Get Out Of Or Exclude Myself From The Settlement?

3 18. What Happens If I Exclude Myself From The Class? If I Don t Exclude Myself, Can I Sue The Defendant Later?... 8 Part IX Objecting To The Settlement How Can I Object To The Proposed Settlement? What Is The Difference Between Objecting And Excluding?... 9 Part X The Court's Final Approval Hearing When And Where Will The Court Decide Whether To Approve The Settlement? Do I Have To Come To The Hearing? May I Speak At The Final Fairness Hearing? What Do I Have To Do To Speak At The Final Approval Hearing? Part XI Getting Additional Information PART I: WHY YOU HAVE RECEIVED THIS NOTICE 1. WHY DID I RECEIVE THIS NOTICE? You received this notice because you may be a member of a group or class of borrowers eligible for benefits from the proposed settlement of a class action lawsuit that was brought against TD Bank, N.A. ( TD Bank or Defendant ) on behalf of persons whose vehicles were repossessed by TD Bank as more fully described below. You are being sent this notice because you have a right to know about the proposed settlement of this class action lawsuit, and about your rights and options, before the Court decides whether to approve the settlement. If the Court approves the class action settlement and you are a Class Member (as defined below), you may receive certain benefits under the terms of the settlement. This package explains: (1) this lawsuit, (2) the proposed settlement, (3) your legal rights, (4) what benefits are being provided by the settlement, (5) who is eligible to receive the benefits under the settlement, and (6) other important information. The essential terms of the settlement are summarized below. The Stipulation and Settlement Agreement ( Settlement Agreement ), on file with the Court, sets forth in greater detail the rights and obligation of the parties. If there is any conflict between this notice and the Settlement Agreement, the Settlement Agreement governs. 2. WHAT IS THIS LAWSUIT ABOUT AND WHY DID IT SETTLE? This lawsuit alleges that TD Bank violated Florida s Uniform Commercial Code by failing to send its borrowers in Florida proper notice of their rights after repossession of a financed vehicle. For more detailed information as to Plaintiff s allegations, you may request a copy of the complaint from the attorneys representing class members ( Class Counsel ) identified in the response to Question 15 below. TD Bank denies any and all allegations of wrongdoing and does not admit or concede any actual or potential fault, wrongdoing, or liability in connection with any facts or claims that have been or could have been alleged in this lawsuit or in any similar action. TD Bank denies that it sent any defective post-repossession notices and denies that the class is entitled to any relief whatsoever in the lawsuit and believes it has meritorious defenses. 3

4 The parties and their counsel conducted a thorough examination and investigation of the facts and law relating to the matters set forth in the complaint and the claims set forth therein. Counsel for the parties undertook substantial investigation and formal discovery in the lawsuit, including written discovery requests and responses. Counsel for the parties also engaged in extensive briefing, including a motion to compel arbitration and an appeal of the trial court s order denying that motion. Plaintiff has agreed to a settlement of the lawsuit after considering, among other things: (1) the substantial benefits to Plaintiff and the proposed class under the terms of the Settlement Agreement; (2) the risks, costs and uncertainty of protracted litigation, especially in complex actions such as this, as well as the difficulties and delays inherent in such litigation; and (3) the desirability of consummating the Settlement Agreement promptly to provide relief to Plaintiff and the proposed class. The Court has not decided whether Plaintiff s claims or Defendant s defenses have any merit, and it will not do so if the proposed settlement is approved. The proposed settlement does not suggest that Defendant has or has not done anything wrong, or that the Plaintiff and the proposed Class would or would not win their case if it were to go to trial. 3. WHAT DOES THE SETTLEMENT PROVIDE? This settlement will (a) provide a gross fund of $1,850, to be distributed to Class Members after payment of administrative costs, an incentive payment to the Plaintiff, and Class Counsel fees and costs, (b) waive certain loan balances, and (c) require TD Bank to adjust certain credit reporting. In return for the benefits of this settlement, and if the settlement is implemented, all Class Members will release TD Bank and related entities from the claims discussed in this notice, and the lawsuit will be dismissed with prejudice, among other terms. PART II: DESCRIPTION OF THE SETTLEMENT CLASS 4. WHY IS THIS A CLASS ACTION? The lawsuit is known as Lynn Phillips v. TD Bank, N.A. The Court in charge of this case is the Circuit Court of the 17 th Judicial Circuit, in and for Broward County, Florida. The named person who sued is the Plaintiff, and the company she sued, TD Bank, N.A., is the Defendant. In a class action, one or more people, called named plaintiffs or class representatives (in this case, Lynn Phillips), sue on behalf of people who have similar claims. All these people constitute the class or are Class Members and, grouped together, are a Class. One Court resolves the issues for all Class Members, except for those who exclude themselves from the class or are otherwise not part of the class. TD Bank has challenged whether this case should proceed as a class action but has agreed not to oppose certification of a class for settlement purposes only. 5. AM I A MEMBER OF THE CLASS? The Class includes all individual consumer borrowers (i.e. not commercial or business accounts) who, from January 28, 2011 through January 28, 2015: i. were parties to finance or loan agreements under which TD Bank was the lender, either directly, indirectly or as a successor bank, and under which the borrower pledged a vehicle as collateral for the loan ( Vehicle Finance Agreements ) (including Co-Borrowers); ii. had the vehicle collateral for the Vehicle Finance Agreements repossessed in Florida during that same period by TD Bank or TD Bank s agents; and iii. were sent a post-repossession notice by TD Bank or its agents after repossession of the vehicle collateral pursuant to a Vehicle Finance Agreement, which Plaintiff alleges did not specify that the borrower has the right to request an accounting or substantially similar language as set forth under Florida Statute and ( Notice of Sale ) and the vehicle collateral for the Vehicle Finance Agreement was sold pursuant to the terms of that Notice of Sale. 4

5 6. ARE THERE EXCEPTIONS TO BEING INCLUDED? The Settlement Class will not include the following persons or entities: (a) (b) (c) (d) all persons or entities who timely and validly request exclusion from the class; Defendant s officers, directors, and employees and their legal representatives, heirs, or assigns; Defendant s attorneys in this Action; and Any Judges to whom this Action is assigned, their staffs, and their immediate families. 7. I M STILL NOT SURE IF I M INCLUDED. If you do not understand whether or not you are a member of the Class, you can contact Class Counsel by calling Robert W. Murphy at The Law Office of Robert W. Murphy at (954) PART III: DECISIONS YOU MUST MAKE NOW 8. WHAT DO I NEED TO DO NOW? FIRST, you must decide now whether you wish to remain in the Settlement Class or to exclude yourself from the Settlement Class. If you want to be excluded from the Settlement Class, you must notify the Settlement Administrator as described below in Part VII no later than February 13, If you exclude yourself: You will not be eligible for the benefits under the settlement. You will not be able to object to the proposed settlement or appear at the Final Fairness Hearing. You will not be bound by any orders or judgments entered in this case, if the proposed settlement is approved. SECOND, if you remain in the Settlement Class, you may object to any part of the proposed settlement by filing a written objection with the Court and providing a copy to the Settlement Administrator, Class Counsel, and Defendant s Counsel, as described below in Part VIII. You must file your objection with the Court and send Class Counsel and Defendant s Counsel your written objection, postmarked on or before February 13, Additionally, if you file an objection, you may also decide to appear and speak at the Court s Final Fairness Hearing regarding the settlement of this lawsuit. If you wish to appear and speak at the Court s Final Fairness Hearing, you must have first submitted an objection (as described in Part IX) and, in addition, file and serve a Notice of Intention to Appear at the Final Fairness Hearing that is postmarked by February 13, 2017 as described in response to Question 25, below. 9. WHAT DO I GIVE UP IF I CHOOSE TO STAY IN THE SETTLEMENT CLASS? If you choose to remain in the Settlement Class, you and all other Settlement Class Members will be releasing certain claims against Defendant and related parties as set forth below, and you will also be bound by all orders, injunctions, and judgments entered in the lawsuit, whether favorable or unfavorable. You will not be able to start, continue, or otherwise participate in any other claim, lawsuit, or other proceeding against Defendant or the Releasees if those claims are included among the Released Claims (defined below). 10. DO I HAVE TO SIGN A RELEASE? No. If you remain in the Settlement Class, you, on behalf of yourself and others described in the Settlement Agreement, will be deemed to have released Defendant and the Releasees from any of the Released Claims and will give up your rights to pursue or continue any action against Defendant and/or the Releasees for any of the Released Claims. Settlement Class Members will release a wide range of claims in order to receive the benefits in the Settlement Agreement. The Released Claims are defined in the Settlement Agreement. These include, but are not limited to, all claims and defenses that directly or indirectly, arise out of: (1) the Vehicle Finance Agreements, (2) any letter or notice that TD Bank sent to the Settlement Class Members in connection with the Vehicle Finance Agreements or the Loan Accounts, including but not limited to the Notices of Sale. 5

6 Note the actual terms of the release are broader than this summary. For example, the release set forth in the Settlement Agreement releases Defendant and others (including, but not limited to, Defendant s past, present, or future subsidiaries, parents, affiliates, partners, etc.) and releases all claims concerning, relating to, or arising out of the allegations that were or could have been asserted in the Complaint. This includes, but is not limited to, unknown, unaccrued, and future claims. For a full copy of the Settlement Agreement, contact Class Counsel identified in paragraph 15 or visit the Court s website, see WHAT IF I DO NOTHING? If you do nothing, you will get benefits from the settlement and be bound by the settlement s release. Unless you exclude yourself from the Settlement Class, if the settlement is approved, all of the Court s orders will apply to you and you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the Releasees with regard to the claims in this lawsuit, ever again. PART IV: SETTLEMENT BENEFITS WHAT YOU GET 12. WHAT DO I GET FROM THE SETTLEMENT? Cash Component: TD Bank has agreed to create a Settlement Fund of $1,850, The settlement administration, other approved expenses, Class Counsel fees, and a service award to Plaintiff will be paid from that fund. You will receive a pro rata share of the total amount of Settlement Funds then available. There are approximately 942 class members on 739 loan accounts. If fees and expenses are allowed as requested, it is expected that your cash payment will be approximately $1,434 unless there were multiple borrowers on your loan, in which case you will receive a portion of this amount; plus Credit Report Correction: TD Bank will make requests to the credit reporting agencies to which it reports that they remove any tradeline - that is, any reference to the loan or the repossession. Details about how and when this will be done, and limits on TD Bank s obligation to correct are set forth in the Settlement Agreement, plus: Waiver of Deficiency Balance: If you have been advised by TD Bank that there is a shortfall after the auction proceeds were applied, that balance claimed due is called a "Deficiency Balance." Unless you refuse it, TD Bank will waive and eliminate any Deficiency Balance on your vehicle loan. The total available for debt waiver is about $7,200,000.00, excluding ongoing interest. The amount of your Deficiency Balance is listed on the cover letter accompanying this Notice. You can choose not to receive debt forgiveness by submitting the enclosed Election to Refuse Debt Waiver. Your Election to Refuse Debt Waiver must be mailed and postmarked no later than February 13, Send your completed Election to Refuse Debt Waiver to: Phillips v. TD Bank, N.A. Class Settlement PO Box 9349 Dublin, Ohio Any residual settlement funds remaining from uncashed or undistributable checks or unapproved fees or costs will, subject to Court approval, be paid to cy pres beneficiaries for the benefit of the Settlement Class. PART V: TAX IMPLICATIONS 13. WHAT ARE THE TAX IMPLICATIONS FOR ME IF I ACCEPT THIS SETTLEMENT? This settlement has potential tax implications for you. The Settlement Administrator expects to issue IRS 1099-series forms for cash payments. TD Bank is required to furnish your Social Security Number to the administrator. If you accept the Deficiency Balance waiver, TD Bank or the Settlement Administrator may issue to you and to the IRS a 1099-C form for the amount of the Deficiency Balance waived. This could result in you having to declare income in that amount on your next tax return and pay tax on all or some of that amount. You should consult your tax advisor to help decide if accepting the Deficiency Balance waiver is right for you. TD Bank also could - independent of this lawsuit - at some future date deem the Deficiency Balance uncollectable and issue a 1099-C tax form, as well. 6

7 PART VI: FILING A LATER LAWSUIT MAKING SIMILAR CLAIMS 14. CAN I FILE A LATER LAWSUIT MAKING SIMILAR CLAIMS? No. If you remain a member of the Settlement Class and the settlement is finally approved, you will be enjoined and barred from initiating or continuing any lawsuit or other proceeding against Defendant and the Releasees if those claims are included among the Released Claims (defined above). Upon final approval of the settlement, Plaintiff and Defendant will ask the Court to enter a permanent injunction enjoining all Class Members and/or their representatives from engaging in the activities described above. All Class Members will be bound by this permanent injunction. PART VII: THE LAWYERS REPRESENTING THE SETTLEMENT CLASS 15. DO I HAVE A LAWYER IN THIS CASE? The Court has designated attorneys at the law firms of The Law Office of Robert W. Murphy and Flitter Milz, P.C. to represent you and the other Class Members in this lawsuit. The lawyers representing you and the Class Members are called Class Counsel. Class Counsel will apply to the Court for payment which will be paid from the settlement proceeds. You will not otherwise be charged for the services of Class Counsel. You may contact Class Counsel about this lawsuit and proposed settlement as follows: The Law Office of Robert W. Murphy Robert W. Murphy 1212 S.E. 2nd Avenue Ft. Lauderdale, FL Telephone: (954) Flitter Milz, P.C. Cary L. Flitter 450 N. Narberth Avenue, Suite 101 Narberth, PA Telephone: (888) You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will have to pay his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer. 16. HOW WILL THE LAWYERS AND CLASS REPRESENTATIVE IN THE LAWSUIT BE PAID? Class Counsel have prosecuted this case on a contingent fee basis and have not been paid anything to date for their services. Class Counsel will make an application to the Court for an award of attorneys fees of $740,000 and litigation expense reimbursement not to exceed $20,000 which shall be the sole aggregate compensation for all attorneys representing Plaintiff and the Settlement Class. Plaintiff will petition the Court for an incentive award of up to $5,000 for the Class Representative Lynn Phillips. The purpose of such an award, if any, shall be to compensate the Class Representative for efforts undertaken by her on behalf of the Class. 7

8 PART VIII: EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want to receive benefits from this settlement, and you want to keep the right to sue or continue to sue Defendant on your own with regard to the legal issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself or opting out of the Settlement Class. 17. HOW DO I GET OUT OF OR EXCLUDE MYSELF FROM THE SETTLEMENT? If you want to be excluded from the Settlement Class, you must notify the Settlement Administrator. To exclude yourself from the settlement, you must send a letter by mail. Your exclusion request letter must be postmarked no later than February 13, Send your letter to: Phillips v. TD Bank, N.A. Class Settlement PO Box 9349 Dublin, Ohio Your letter requesting exclusion does not need to be in any particular form, but it must include the following information in order to be effective: (1) your name; (2) your address; (3) a statement that you wish to be excluded from the Settlement Class; (4) your signature; and (5) the case name and number: Phillips v. TD Bank, N.A., Case No. CACE (02) Please write EXCLUSION REQUEST on the lower left-hand corner of the front of the envelope. 18. WHAT HAPPENS IF I EXCLUDE MYSELF FROM THE CLASS? If you request exclusion from the Settlement Class, then: You will not be eligible for benefits under the proposed settlement; You will not be allowed to object to the terms of the proposed settlement; and You will not be bound by any subsequent rulings entered in this case if the proposed settlement is finally approved. However, if your request for exclusion is late or deficient, you will still be considered a part of the Settlement Class, you will be bound by the settlement and by all other orders and judgments in this lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case. 19. IF I DON T EXCLUDE MYSELF, CAN I SUE THE DEFENDANT LATER? No. If the Court approves the proposed settlement and you do not exclude yourself from the Settlement Class, you release (give up) all the Released Claims (summarized above). PART IX: OBJECTING TO THE SETTLEMENT You have the right to tell the Court that you do not agree with the settlement or any or all of its terms. 20. HOW CAN I OBJECT TO THE PROPOSED SETTLEMENT? If you choose to remain a Settlement Class Member, you have a right to object to any parts of the proposed settlement. The Court will consider your views. 8

9 To object, you must send a letter saying that you object to the proposed settlement in Lynn Phillips v. TD Bank, N.A., Case No. CACE (02). Your written objection must include: (1) your name; (2) your address; (3) your telephone number; (4) a written statement of your objection(s), including a description of the circumstances underlying each objection; (5) a statement of whether you intend to appear and argue at the Final Fairness Hearing; (6) your signature; and (7) the case name and number: Lynn Phillips v. TD Bank, N.A., Case No. CACE (02). If you choose to object, to be considered by the Court, your written objections must be filed with the Court, and copies must be postmarked and mailed to the following recipients no later than February 13, 2017: COURT Clerk of the Courts Circuit Court Civil Broward County 17th Judicial District of Florida 201 S.E. 6th Street Fort Lauderdale, FL CLASS COUNSEL Robert W. Murphy The Law Office of Robert W. Murphy 1212 S.E. 2nd Avenue Ft. Lauderdale, FL SETTLEMENT ADMINISTRATOR Phillips v. TD Bank, N.A. Class Settlement PO Box 9349 Dublin, Ohio DEFENDANT S COUNSEL Mary J. Hackett McGuireWoods LLP EQT Plaza 625 Liberty Avenue 23rd Floor Pittsburgh, PA If you file objections, but the Court approves the settlement as proposed, you are still eligible for benefits under the settlement, subject to the terms and conditions discussed in this notice and in the Settlement Agreement. 21. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING? Objecting is simply a way of telling the Court that you don t like something about the settlement. You can only object if you stay in the Settlement Class. If you object to the settlement, you still remain a member of the Settlement Class and you will still be eligible to benefit from the settlement. You will also be bound by any subsequent rulings in this case and you will not be able to file or participate in any other lawsuit or proceeding based upon or relating to the claims, causes of action, facts, or circumstances of this case. Excluding yourself is telling the Court that you don t want to be a part of the settlement or the Settlement Class. If you exclude yourself, you have no basis to object to the settlement and appear at the Final Fairness Hearing because it no longer affects you. PART X: THE COURT S FINAL APPROVAL HEARING The Court will hold a Final Fairness Hearing to decide whether to finally approve the settlement. 22. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? On March 15, 2017, at 8:45 a.m., the Court will hold a Final Fairness Hearing at the Broward County Courthouse before the Honorable John Bowman, in Courtroom 840, 201 S.E. 6th Street, Fort Lauderdale, FL At the hearing, the Court will consider whether to grant final certification to the Settlement Class for settlement purposes, whether to approve the proposed settlement as fair, reasonable and adequate, the application for Class Counsel fees and litigation expenses, whether to award the Class Representative an award for her help, and consider related settlement issues. We do not know how long the hearing will take or whether the Court will make its decision on the day of the hearing, or sometime later. 9

10 23. DO I HAVE TO COME TO THE HEARING? No. Class Counsel will answer questions the Court may have at the Final Fairness Hearing. But you are welcome to come at your own expense. Please note that the Court has the right to change the date and/or time of the Final Fairness Hearing without further notice. If you are planning to attend the hearing, you should confirm the date and time before going to the Court. 24. MAY I SPEAK AT THE FINAL FAIRNESS HEARING? Yes, if you have filed an objection, you may ask the Court for permission to speak at the hearing. To do so, you must submit an objection and also file a document called a Notice of Intention to Appear as described in response to Question 25, below. 25. WHAT DO I HAVE TO DO TO SPEAK AT THE FINAL APPROVAL HEARING? If you are a member of the Settlement Class, and you (or your attorney) want to appear and speak at the Final Fairness Hearing, you (or your attorney) must have submitted an objection and must file a Notice of Intention to Appear at the Final Fairness Hearing with the Clerk of the Court, and deliver that Notice to the attorneys for both sides, at the addresses listed above. Your Notice of Intention to Appear at the Final Fairness Hearing must be filed with the Court, and postmarked and mailed to Defendant s Counsel and Class Counsel at the addresses specified in Part IX, Question 20, no later than February 13, If you file objections and appear at the Final Fairness Hearing, but the Court approves the settlement as proposed, you can still benefit under the settlement, subject to the terms and conditions discussed in this notice and in the Settlement Agreement. PART XI: GETTING ADDITIONAL INFORMATION This notice summarizes the proposed settlement. More details are contained in the Settlement Agreement. The full Settlement Agreement is on file with the Clerk of the Court and can also be obtained by calling Class Counsel. For a more detailed statement of the matters involved in this case, you may review the complaint and the other papers and Court orders on file in the Clerk s office at any time during regular business hours for the Clerk of Courts, Monday through Friday 8:00 a.m. to 3:30 p.m. Eastern Time at 201 S.E. 6th Street, Fort Lauderdale, FL 33301, or online at any time at: You may also direct your questions about the settlement to Class Counsel, whose name and address is listed in Part VII, Question 15 of this notice. PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT Dated: December 30, 2016 Circuit Court of the 17 th Judicial Circuit in and for Broward County, Florida. 10