He cut my tree down. Period.
[narrator] Now, on Tribunal Justice.
You've said that the tree was just a disaster waiting to happen.
The palm tree was bent over to my yard.
That's a lie.
I went to his house.
First thing out of his mouth was, "I'm calling the cops."
Then he says...
"I'm going to turn all your neighbors against you."
You're suggesting tree murder? It was a mess.
Well, what's clear to me is you two like greenery.
[narrator] Today's case was filed in Sarasota, Florida.
Your Honor, this is Case #3070, Leahr & Leahr v. Criscuolo.
All parties have been sworn in. You may be seated.
-Thank you, Cassandra. -[Britt] You're welcome.
[Levy] Okay, Mr. and Mrs. Leahr.
According to your complaint, you and the defendant are neighbors.
-Mm-hmm. -You are suing him
for $2,900 to replace a tree that belonged to you,
and for $5,100 in damages for emotional distress.
-Yes. Yes. -Total damages, $8,000.
Mr. Criscuolo, according to your answer,
you admit to cutting down the plaintiffs' tree,
but only after it had fallen onto your property.
You're also countersuing the plaintiffs for $8,000.
-Correct. -Which is the cost of removing
the plaintiffs' tree, repairing your patio roof.
And according to your answer, you say that the lawsuit
is nothing more than an attempt by the plaintiffs at a money grab.
-Correct. -[Levy] Okay.
How long have you guys lived at the home next door to the defendant?
Twenty-seven years.
-Twenty-seven? -Yes.
You talked in your complaint about the palm tree
as being one that you loved and cherished.
-Mm-hmm. -Yes.
[Levy] Why was that?
It was a housewarming gift from my brother years ago
when we first bought the house, and planted it.
And unfortunately, my brother passed away
between the storms last Fall, so it...
was something of importance to me.
-[Levy] It had sentimental value. -Absolutely.
-It was a foxtail palm, I think. -Foxtail palm.
And then there were other trees also on your property.
-Yes. -You know what? Let's do this.
Can we please put up the video of the homes?
Thank you, Google Earth. So here we have
the defendant's home in the forefront,
and now coming around. Stop.
Okay. Mr. and Mrs. Leahr, you see where the P is located on that map?
-Yes. -[Levy] Your house is tucked in the back
-there amongst all those trees. -Yes.
[Levy] And Mr. Criscuolo, you see your house there to the right
-where the D is located. -[Gartano] Yes, I do.
-[Levy] Not a tree on your property. -[Gartano] No.
Now, in September of 2024, Mr. Leahr,
you say your brother died due to health complications.
-Yes. -And then a few weeks later
-is when Florida, where you live... -Mm-hmm.
...was hit with Hurricane Helene, September 26, 2024,
-and Milton, October 9th, 2024. -Right.
And then, according to your complaint, you say a few branches from those trees
-fell onto the defendant's yard. -Yes.
Now, after Milton, is when the defendant cut down
the trees that had fallen in his yard...
-Right. -...and also the palm tree, correct,
-that'd been, according to him, leaning. -All in the same day.
[Levy] Can we take a look at 02, please?
Mr. and Mrs. Leahr, this is the foxtail palm
that your brother bought you back in 1997 as a housewarming gift.
-[Rick] Yes. -And what do you do when you see that?
He said, "Honey, go look out the kitchen window."
I looked. I said, "Where's our tree?"
Okay. How far is that from your home? The tree that we're looking at right now?
-[Rick] Twenty-five, 30 feet. -[Levy] Okay.
Now, you come home, you say, "Where's the tree?"
You go over to the defendant's home, at least according to your complaint,
and confront him about, "What did you just do to my brother-in-law's tree?"
Well, we walked up to the door. Rick knocked...
He comes to the door. We said, "What did you do to our tree?"
He says, "I'm calling the cops."
-First words out of his mouth. -[Levy] Okay.
And I said, "Okay, call the cops."
All right. And eventually the police came,
and they spoke to you guys and said it was a civil matter,
and you went on your way.
Now, was there anything else about the foxtail palm tree
that you specifically spoke to the police about?
The rarity of them.
-[Levy] Okay. -At that size,
they're very hard to come by.
Now, in December 2024, according to your complaint,
you say that you contacted a landscaper to replace the tree.
-Mm-hmm. -And you are suing the defendant
specifically for $2,900 for a new tree
and to remove the six-foot stump that he left behind.
-Yes. -You did, in fact, provide
a copy of this invoice.
Where is your proof of payment on that?
We haven't paid anything.
We've gotten estimates.
Because of where the palm is located,
it's going to be really hard to plant a new one the same size there.
We can move on. You know what, Mr. Criscuolo, why don't you tell me,
how long have you been living in the house?
Okay, my mom passed away in 2004,
that's when I bought the property from the family.
[Levy] And according to your answer, sir, you've said that the tree
had been totally neglected by the plaintiffs for years,
and it was just a disaster waiting to happen.
-Correct? -The palm tree was bent over to my yard.
The big tree that fell into my yard
did about $9,600 worth of damage.
-[Levy] So, not the palm? -Not the palm.
-The big tree fell over. -[Gartano] Correct.
Not only to me, but my neighbor next door.
If you put up the picture with the houses
-you know that you were showing. Yeah. -Right there?
Now, right here, she's got a pool cage right there.
-[Levy] Yes. -That fell into her yard,
which cost $20,000 worth of damage.
[Levy] So you're saying there were a bunch of trees that had fallen over?
-From his property. -Is that correct?
Not the tree, the limbs snapped off...
Yeah, the limbs snapped off. Let's take a look at 08, please.
What are we looking at here?
-That's my lanai. As you see-- Yeah. -[Levy] On the right side.
This is my lanai.
It ripped off all my gutters, fascia, soffit,
ruined the screens.
Here's my six-foot fence all across.
Everything's damaged on this side.
-Okay, what about 05. Stay there, please. -Okay.
-[Levy] What are we looking at-- -This is the other side of my property.
And these are all, like, 24 inches in radius.
-We're not talking about twigs. -[Levy] Got it.
And I believe the last thing then, Mr. Criscuolo,
is that you provided us with a videotape
of one of the branches that had fallen down on your property?
Yes, and it was showing, uh, bees.
When the branch came down, I had to hire an exterminator
before the guys could cut the tree in my property.
So I had to wait a few days.
And if you look at that video,
you can see the bees swarming, as you can see.
-They're all moving. -[Levy] And that's one of the rotted
-areas that you mentioned. -[Gartano] Correct. Correct.
-Thank you. Judge Acker. -[Gartano] Yeah.
Thank you, Judge. Can we please put up Exhibit 2 again?
Sir, why do you have to lop it off in that way?
Why not just cut off the branches
or remove the debris that was on your property?
[narrator] Coming up on Tribunal Justice...
I just got rid of the trees and fixed my lanai.
-at that point. -You fixed it.
-Hey, hey, hey. -Sorry.
You're as intrusive as the trees.
[audience laughing]
[main theme playing]
[narrator] Rick and Susannah Leahr are suing neighbor, Gartanao Criscuolo,
for $8,000 after he chopped down their favorite tree.
Gartano says it was leaning onto his property
and he's countersuing for $8000 in damages.
Why not just cut off the branches
or remove the debris that was on your property?
Okay, this was bent over to my fence line.
So these guys just went in there and cut everything up in my fence line.
You know what I'm saying.
But, this is your countersuit.
"The guys from the tree removal company
had to cut six inches below the fence line on their side."
So you admit you had to go onto their property?
Yes, the property, right.
He's now acknowledged that he went onto your property
to complete this tree removal.
I'm not gonna cast aspersions on that.
You're not blaming them for Milton?
-No. -So the damage to your lanai
was an act of God. Why would they be liable for that?
I'm not saying liable for that--
[Acker] Well, you're suing for damages to your lanai.
I understand, but first of all, he came to my house,
knocked on the door, demanding $500 for the palm tree.
-[Acker] True, sir? -No.
-So that never happened? -No.
I went to his house.
First thing out of his mouth was, "I'm calling the cops."
I said, "Fine." The cops came.
I talked to the lady cop.
I said, "I can't believe he cut down such a precious tree that was ours.
He had no right." She agreed with me.
Then they said something about Rick.
He didn't know how much a tree would be.
I've called around. They are expensive.
[Acker] I know they're expensive. So, we'll put the amount in dispute.
But you're suggesting that he engaged in this malicious campaign
-of tree murder... -I think it is.
-...when in fact it was a mess. -I'm sorry.
That tree, there was nothing wrong with that tree.
[Acker] Do you have a picture of that tree
-next to his fence? -[Rick] Yes, I do.
-This is after. -[Acker] No, I want to see before.
A picture of that tree fully straight, super-healthy,
and then him just coming over with his tree-trimming service,
and knocking down a tree that was not compromising his property at all.
He cut my tree down. Period.
So it's your position that that palm tree with the dead fronds,
that wasn't trespassing onto his land and all.
-No. -[Acker] Never. It was all straight up,
-nothing was falling down? -There might have been older fronds
-that fall off because it sheds them. -[Acker] Sure.
Yeah, I think he over-cut.
But I'm just having a hard time getting my head around your damages.
I just don't see those damages. I haven't seen that you've been able to prove them.
But Mr. Criscuolo,
I want to be clear about your countersuit,
because you've acknowledged that the debris that fell over,
that was Milton debris. You think they should be liable for that?
Well, he doesn't have, obviously he doesn't have the money for it,
so all I did is countersuit so he could drop it.
-You are just... -[Gartano] I placed a call
on 1/22 at 4:00 pm, and Susannah picked up the phone,
and I offered to buy a palm tree, and she refused.
[Acker] You offered to get them another tree.
-He offered to get you another tree? -At $500.
Did he offer to give you another tree?
He called me when he got my, um, small claims.
-Yeah. -He was trying to resolve it
-before you ended up here. -He said, "Can't I fix this,
can't I pay for the thing?"
And then he says...
"I'm going to turn all your neighbors against you,"
-now none of my neighbors will talk to me. -It's true.
My neighbor came over one day
yelling at me. -[Acker] Listen, listen, listen.
Let's put the neighborhood feud to the side.
-Okay. -[Acker] My point, Ma'am, is that
I cannot get my head around your damages.
-Can I maybe explain? -[Acker] I'm not gonna
simply make a number up.
He's already acknowledged that his countersuit was just because.
Judge DiMango?
Well, what's clear to me is you two like greenery.
You're living in a forest.
And you're imposing that forest on your neighbors.
He's pointed out that he saw damage to other people's property near you,
so they may just be coming at you for that reason, as well.
But let me go back to some general legal principles here,
because I think we're blending a lot of things.
If you have a healthy tree,
and a storm comes and hits it, and it falls on someone else's property,
you're not responsible.
Nobody's responsible for an act of God.
You would get stuck paying for the removal of those things.
If, in fact, you did do something or were aware of something:
bug infestation, animals living in the tree, just trees that are diseased.
Those things you're stuck with paying for, and you're removing.
So let's go to the picture where the tree falls on the six-foot fence.
Was there damage to that fence, sir?
-[Gartano] Absolutely. -Okay.
Have you submitted proof as to the damage to that fence?
I haven't fixed it yet.
I just got rid of the trees
-and fixed my lanai. -You fixed it!
Hey, hey, hey.
-Sorry. -You're as intrusive as the trees.
Mm...
[narrator] Coming up, on Tribunal Justice...
I know you think something is humorous here, Ma'am,
so why don't you tell me what you think is humorous?
Well, him saying that there's electrical lines
-and cable lines... -Not electrical, telephone lines.
All the... that's a lie.
[main theme playing]
[narrator] Rick and Susannah Leahr say neighbor Gartano Criscuolo
destroyed a palm tree gifted to them by Rick's deceased brother.
They're suing for $8,000.
But Gartano says the Leahrs neglected their trees,
which fell onto his property, so he's countersuing for 8000 in damages.
Was there ever a time when you went to them to complain about the trees?
-Yeah, about 12-- -[DiMango] In the past.
Eleven, 12 years ago,
I had to hire the tree trimmer to go with a boom,
80-foot boom.
So we had to get permission that we had to cut off,
-you know, past my, uh, the property line. -[DiMango] Right.
And that's the only confrontation I had.
[DiMango] Okay, you know what, you don't have to raise your hand.
But since your hand is up, I'll call on you. Yes, sir.
I just wanted to point out that that tree
had gone through every storm, every hurricane
for the last probably 75 years.
I gotta tell you, sir, I look at all the trees, I look at what's going on,
and I say the damages here,
caused on his property by what appears to be trees that are rotten in some way,
would make you, if we find that, responsible not only for his tree removal,
but for the damage caused to his property, as well.
Now, you're saying-- Let's go back to the picture of the tree stump,
which would be 02.
Can you go to the picture and explain how it is you say
that was over onto your property?
This part was bent over into my yard.
-[DiMango] So it was at that point... -No!
that it was bent over, that you had the people remove the tree.
'Cause that's what I was thinking.
Now, were there any branches or anything else other than--
We got telephone lines,
and cable lines in the back.
-That are underground. -They grabbed them and pulled them down
with it.
-[DiMango] When was this after? -[Gartano] The hurricane.
-That's pretty dangerous. -So the cable guys
That's pretty dangerous.
...and the telephone people had to grab that cable,
you know, because of the tree and they were worried about it
putting it back up, so they put it underground.
How many times in the past have you had a company come
to remove the tree branches from your home?
Well, most of the time, if it's small enough, I could do it myself.
If it's too big, I have to hire someone.
[DiMango] Have you ever asked them to pay for any of that?
-No, I never asked. -[DiMango] Yeah.
I know you think something is humorous here, Ma'am,
so why don't you tell me what you think is humorous?
Well, him saying there's electrical lines
-and cable lines and... -Not electrical, telephone lines.
...and all that. That's a lie.
-It's underground. -And all our stuff is underground.
-[Gartano] Here. -[DiMango] Can you show me--
Oh, you have photographs?
-Yeah. This is, like, crazy. -That would be great.
[DiMango] Oh, "like crazy," we like that.
-When he shows me those photographs... -[Susannah] Okay.
...am I gonna see wires and lines...
...going across? -Not by that palm tree.
Your answer is he's lying.
They'll bring it over.
Well, all our--
-[DiMango] I didn't ask you a question. -Don't...
Oh, there's lines everywhere. There's lines all over the place.
-[Susannah] That's not our palm tree. -Yeah.
No, but it's by the trees, it's over there.
He's complaining about all that's going on in that yard.
[Rick] But all those lines are underground now.
-[Gartano] No. -Have been.
-Yes, they have been. -[DiMango] Hang on.
What we're talking about, sir, is the circumstances
surrounding the property damage, et. al.
at the time of the incident.
Not today.
And in any event, your trees were in that area,
and that there could have been electrical problems
as a result as well. Judge Levy?
Yeah, just so I'm clear, and to follow up on Judge DiMango's point
regarding your counterclaim.
You provided us with evidence, that on October 15th, 2024,
there was an invoice for cutting the trees in your backyard.
-And that invoice was for $4,300. -Correct.
In addition to the invoice, you provided us
-with a copy of your canceled check. -Correct.
In addition to that, you provided us with an invoice
from Exterior Services to fix the roof.
You provided us with proof of payment for that, correct?
-Correct. -[Levy] Okay.
When was the last time that either of you paid a nickel
to have a tree company come to make sure
that those trees were safe, healthy?
I don't know...
[Levy] Not within the last 10 years?
Definitely.
I want to see that video one more time with the bees.
That right there, that rotted limb infested with bees...
[Rick] I didn't know there was bees in it.
...that's how little you two care for the neighbors
who lived in your community.
And for 10 years, you guys have done absolutely nothing
to ensure that the trees are healthy, properly maintained.
And you think that the countersuit by the defendant,
even if he filed it just because you guys sued him,
doesn't mean that it doesn't have merit.
I'm gonna discuss with my colleagues.
I most certainly think it does have merit.
You would have been much better off taking your 500 bucks.
I have nothing further.
Then we are going to retire to deliberate at this time. Thank you all.
Court is now in recess, parties will be recalled.
[dramatic music playing]
The Plaintiffs are not responsible for Milton,
and the plaintiffs are not responsible for damage that Milton does.
Unless the tree that fell down was not a healthy tree.
That hollowed out video with the bees in it,
makes it crystal clear that that tree was rotted out.
It was not a healthy tree.
the defendant may have, and did in fact say,
"Honestly, the only reason I brought a counterclaim
was because they wouldn't take what was reasonable, which was $500.
If they would have taken the $500, he'd never have filed his counterclaim.
He has an absolute perfect counterclaim, in my opinion.
Unlike the plaintiffs who want $2,900 to replace a tree.
And most certainly, they never paid it.
They were very clear the plaintiffs never paid that.
And quite frankly, it just seemed to me that the plaintiffs just didn't care
about what damage their trees did to their neighbors.
But God darn it, you cut down my brother's palm tree
that we got back in 1997.
I just don't think that they have a case.
And so I'm interested to hear your thoughts.
I think that their case, in chief, fails for the same reasons
that his counterclaim should succeed.
To my mind, he may have trespassed,
but they can't prove damages because all I see
is the removal of diseased, dead, dying, unmaintained trees.
So even if he did file this counterclaim
simply to make a point and have it be a wash,
I do think it has merit. So I'm completely on board with that.
First of all, as we all know,
you're not responsible for damages caused by an act of God,
a force majeure, you're not.
You wanna clean up your yard, you pay for it.
But you are responsible for damages that your property causes
to the property of another when your property is damaged or failing
or diseased in some way, and that caused the damage to the defendant's property.
They were living like the Swiss Family Robinson.
They were living amidst all of those trees,
and they were damaging property of those around them,
which is why other people actually had an issue with them.
-It's like a forest. -For 10 years
the plaintiffs admitted they hadn't done a darn thing.
And he said he was-- I asked him specifically,
did you pay for things? "Yes." Did you ever go to them? "No."
So he cut off what was over in his yard. He has an absolute right to do that.
He's also suing them for the damages caused
to his property and to clean up the dead tree branch removal.
And I resent that they tell me $5,100 for emotional distress.
I get things are sentimental,
but I don't know how anybody can come up with $5,100 for that.
So I want to dismiss their complaint in its entirety.
So dismissing the plaintiffs' complaint in its entirety...
-Eight thousand to the plaintiff. -And $8,000 to the defendant
-on the counterclaim. Yeah, I'd join that.
-Unanimous. Okay, thank you. -Yes.
[dramatic music playing]
Order. All parties are reminded that we're back in session.
[Levy] Thank you, Cassandra.
Well, we have deliberated and reached a unanimous verdict.
Mr. and Mrs. Leahr, the evidence that you had with respect to what it would cost,
you did, in fact, provide this invoice,
this anticipatory future expense.
But again, as you indicated, you still haven't paid it.
And quite frankly, we did not give that any merit.
We placed no merit in that whatsoever.
As far as your complaint for $5,100 in emotional distress,
there's been no evidence of that. This case doesn't even come close
to warranting an emotional distress,
despite how much you can feel that you are hurt
because the tree that your brother gave to you when you first moved in,
and I know that was heartfelt.
Even with that, it doesn't even come close.
There's no way, as a matter of law, we would have to dismiss that, and we are.
So with respect to your original complaint for $8,000,
we are dismissing that original cause of action.
With respect to the counterclaim,
we agree with his testimony that he thought that what you were doing
with an $8,000 request was a money-grab.
And that the law in the state of Florida is clear.
If it were a healthy tree, and because of an act of God like Hurricane Milton,
it falls on the defendant's property, he doesn't get a dime.
That's an act of God.
Nothing that you could have done would have changed that.
But all of the evidence that was presented by the defendant
proved just the opposite.
That tree, it was rotten, and it was bee-infested.
Therefore, in the state of Florida, it falls on the homeowner
whose property the tree was on, to pay damages
from that unhealthy tree falling on someone's property, like the defendant's.
And those payments were $8,100.
The maximum he sued for, because in the state of Florida,
that's the most you can sue for was $8000, he has more than met his burden.
Therefore, it is the unanimous verdict of the court,
judgment in favor of the defendant for $8,000 on his counterclaim.
And we do appreciate all of you coming. Thank you.
-[gavel bangs] -[Gartano] Thank you.
This case has concluded, all parties are excused.
I feel real good about what the decision was made today.
Um, so, anyway...
To me, I think it was all about the money.
Oh, he's an [bleep]. Excuse my French.
I feel sorry for my neighbors. I tried to help them out.
He cut our kids' swing set down when they were young.
I did not, I did not.
Um...
I am a good neighbor for them.
I just think he's a [bleep]. Let's go.
[narrator] Did someone destroy your property?
Let Tribunal Justice decide your case.
Find us on social media at Tribunal Justice.
[main theme playing]