1 00:00:00,033 --> 00:00:02,433 He cut my tree down. Period. 2 00:00:02,500 --> 00:00:05,033 [narrator] Now, on Tribunal Justice. 3 00:00:05,100 --> 00:00:09,133 You've said that the tree was just a disaster waiting to happen. 4 00:00:09,200 --> 00:00:11,800 The palm tree was bent over to my yard. 5 00:00:11,867 --> 00:00:13,633 That's a lie. 6 00:00:13,700 --> 00:00:15,266 I went to his house. 7 00:00:15,333 --> 00:00:18,600 First thing out of his mouth was, "I'm calling the cops." 8 00:00:18,667 --> 00:00:20,367 Then he says... 9 00:00:22,233 --> 00:00:25,834 "I'm going to turn all your neighbors against you." 10 00:00:25,900 --> 00:00:28,467 You're suggesting tree murder? It was a mess. 11 00:00:29,333 --> 00:00:31,800 Well, what's clear to me is you two like greenery. 12 00:00:54,800 --> 00:00:57,734 [narrator] Today's case was filed in Sarasota, Florida. 13 00:00:58,767 --> 00:01:04,099 Your Honor, this is Case #3070, Leahr & Leahr v. Criscuolo. 14 00:01:04,166 --> 00:01:06,967 All parties have been sworn in. You may be seated. 15 00:01:07,033 --> 00:01:08,667 -Thank you, Cassandra. -[Britt] You're welcome. 16 00:01:08,734 --> 00:01:10,834 [Levy] Okay, Mr. and Mrs. Leahr. 17 00:01:10,900 --> 00:01:14,533 According to your complaint, you and the defendant are neighbors. 18 00:01:14,600 --> 00:01:16,467 -Mm-hmm. -You are suing him 19 00:01:16,533 --> 00:01:21,433 for $2,900 to replace a tree that belonged to you, 20 00:01:21,500 --> 00:01:25,200 and for $5,100 in damages for emotional distress. 21 00:01:25,265 --> 00:01:28,367 -Yes. Yes. -Total damages, $8,000. 22 00:01:28,433 --> 00:01:30,633 Mr. Criscuolo, according to your answer, 23 00:01:30,700 --> 00:01:33,233 you admit to cutting down the plaintiffs' tree, 24 00:01:33,300 --> 00:01:36,567 but only after it had fallen onto your property. 25 00:01:36,633 --> 00:01:39,667 You're also countersuing the plaintiffs for $8,000. 26 00:01:39,734 --> 00:01:42,366 -Correct. -Which is the cost of removing 27 00:01:42,433 --> 00:01:45,633 the plaintiffs' tree, repairing your patio roof. 28 00:01:45,700 --> 00:01:48,333 And according to your answer, you say that the lawsuit 29 00:01:48,400 --> 00:01:52,967 is nothing more than an attempt by the plaintiffs at a money grab. 30 00:01:53,033 --> 00:01:54,300 -Correct. -[Levy] Okay. 31 00:01:54,366 --> 00:01:58,600 How long have you guys lived at the home next door to the defendant? 32 00:01:58,667 --> 00:01:59,667 Twenty-seven years. 33 00:01:59,734 --> 00:02:01,233 -Twenty-seven? -Yes. 34 00:02:01,300 --> 00:02:04,867 You talked in your complaint about the palm tree 35 00:02:04,934 --> 00:02:07,367 as being one that you loved and cherished. 36 00:02:07,433 --> 00:02:08,433 -Mm-hmm. -Yes. 37 00:02:08,500 --> 00:02:09,500 [Levy] Why was that? 38 00:02:09,567 --> 00:02:13,266 It was a housewarming gift from my brother years ago 39 00:02:13,333 --> 00:02:15,667 when we first bought the house, and planted it. 40 00:02:15,734 --> 00:02:18,633 And unfortunately, my brother passed away 41 00:02:18,700 --> 00:02:22,166 between the storms last Fall, so it... 42 00:02:22,800 --> 00:02:24,800 was something of importance to me. 43 00:02:24,867 --> 00:02:27,600 -[Levy] It had sentimental value. -Absolutely. 44 00:02:27,667 --> 00:02:29,734 -It was a foxtail palm, I think. -Foxtail palm. 45 00:02:29,800 --> 00:02:32,100 And then there were other trees also on your property. 46 00:02:32,166 --> 00:02:33,700 -Yes. -You know what? Let's do this. 47 00:02:33,767 --> 00:02:35,867 Can we please put up the video of the homes? 48 00:02:37,033 --> 00:02:39,767 Thank you, Google Earth. So here we have 49 00:02:39,834 --> 00:02:42,000 the defendant's home in the forefront, 50 00:02:42,066 --> 00:02:44,800 and now coming around. Stop. 51 00:02:44,867 --> 00:02:49,734 Okay. Mr. and Mrs. Leahr, you see where the P is located on that map? 52 00:02:49,800 --> 00:02:51,767 -Yes. -[Levy] Your house is tucked in the back 53 00:02:51,834 --> 00:02:54,066 -there amongst all those trees. -Yes. 54 00:02:54,133 --> 00:02:57,100 [Levy] And Mr. Criscuolo, you see your house there to the right 55 00:02:57,166 --> 00:02:58,900 -where the D is located. -[Gartano] Yes, I do. 56 00:02:58,966 --> 00:03:00,900 -[Levy] Not a tree on your property. -[Gartano] No. 57 00:03:00,967 --> 00:03:04,166 Now, in September of 2024, Mr. Leahr, 58 00:03:04,233 --> 00:03:06,367 you say your brother died due to health complications. 59 00:03:06,433 --> 00:03:08,533 -Yes. -And then a few weeks later 60 00:03:08,600 --> 00:03:11,266 -is when Florida, where you live... -Mm-hmm. 61 00:03:11,333 --> 00:03:15,800 ...was hit with Hurricane Helene, September 26, 2024, 62 00:03:15,867 --> 00:03:18,633 -and Milton, October 9th, 2024. -Right. 63 00:03:19,100 --> 00:03:23,800 And then, according to your complaint, you say a few branches from those trees 64 00:03:23,867 --> 00:03:26,300 -fell onto the defendant's yard. -Yes. 65 00:03:26,367 --> 00:03:29,033 Now, after Milton, is when the defendant cut down 66 00:03:29,100 --> 00:03:30,767 the trees that had fallen in his yard... 67 00:03:30,834 --> 00:03:32,867 -Right. -...and also the palm tree, correct, 68 00:03:32,934 --> 00:03:35,667 -that'd been, according to him, leaning. -All in the same day. 69 00:03:35,734 --> 00:03:38,533 [Levy] Can we take a look at 02, please? 70 00:03:38,600 --> 00:03:43,200 Mr. and Mrs. Leahr, this is the foxtail palm 71 00:03:43,266 --> 00:03:47,567 that your brother bought you back in 1997 as a housewarming gift. 72 00:03:47,633 --> 00:03:49,900 -[Rick] Yes. -And what do you do when you see that? 73 00:03:49,966 --> 00:03:53,100 He said, "Honey, go look out the kitchen window." 74 00:03:53,166 --> 00:03:56,166 I looked. I said, "Where's our tree?" 75 00:03:56,233 --> 00:03:59,633 Okay. How far is that from your home? The tree that we're looking at right now? 76 00:03:59,700 --> 00:04:01,667 -[Rick] Twenty-five, 30 feet. -[Levy] Okay. 77 00:04:01,734 --> 00:04:03,934 Now, you come home, you say, "Where's the tree?" 78 00:04:04,000 --> 00:04:07,734 You go over to the defendant's home, at least according to your complaint, 79 00:04:07,800 --> 00:04:10,967 and confront him about, "What did you just do to my brother-in-law's tree?" 80 00:04:11,033 --> 00:04:14,567 Well, we walked up to the door. Rick knocked... 81 00:04:16,367 --> 00:04:20,800 He comes to the door. We said, "What did you do to our tree?" 82 00:04:20,867 --> 00:04:23,033 He says, "I'm calling the cops." 83 00:04:23,100 --> 00:04:24,667 -First words out of his mouth. -[Levy] Okay. 84 00:04:24,734 --> 00:04:26,600 And I said, "Okay, call the cops." 85 00:04:26,667 --> 00:04:28,500 All right. And eventually the police came, 86 00:04:28,567 --> 00:04:31,233 and they spoke to you guys and said it was a civil matter, 87 00:04:31,300 --> 00:04:32,700 and you went on your way. 88 00:04:32,767 --> 00:04:35,767 Now, was there anything else about the foxtail palm tree 89 00:04:35,834 --> 00:04:38,633 that you specifically spoke to the police about? 90 00:04:38,700 --> 00:04:40,767 The rarity of them. 91 00:04:40,834 --> 00:04:43,033 -[Levy] Okay. -At that size, 92 00:04:43,100 --> 00:04:44,567 they're very hard to come by. 93 00:04:44,633 --> 00:04:48,367 Now, in December 2024, according to your complaint, 94 00:04:48,433 --> 00:04:51,133 you say that you contacted a landscaper to replace the tree. 95 00:04:51,200 --> 00:04:53,332 -Mm-hmm. -And you are suing the defendant 96 00:04:53,400 --> 00:04:56,800 specifically for $2,900 for a new tree 97 00:04:56,867 --> 00:04:59,332 and to remove the six-foot stump that he left behind. 98 00:04:59,400 --> 00:05:01,567 -Yes. -You did, in fact, provide 99 00:05:01,633 --> 00:05:04,266 a copy of this invoice. 100 00:05:04,333 --> 00:05:06,400 Where is your proof of payment on that? 101 00:05:06,467 --> 00:05:08,400 We haven't paid anything. 102 00:05:08,467 --> 00:05:10,133 We've gotten estimates. 103 00:05:10,200 --> 00:05:13,066 Because of where the palm is located, 104 00:05:13,133 --> 00:05:17,567 it's going to be really hard to plant a new one the same size there. 105 00:05:17,633 --> 00:05:20,433 We can move on. You know what, Mr. Criscuolo, why don't you tell me, 106 00:05:20,500 --> 00:05:22,000 how long have you been living in the house? 107 00:05:22,066 --> 00:05:24,867 Okay, my mom passed away in 2004, 108 00:05:24,934 --> 00:05:27,567 that's when I bought the property from the family. 109 00:05:27,633 --> 00:05:30,967 [Levy] And according to your answer, sir, you've said that the tree 110 00:05:31,033 --> 00:05:34,767 had been totally neglected by the plaintiffs for years, 111 00:05:34,834 --> 00:05:37,200 and it was just a disaster waiting to happen. 112 00:05:37,266 --> 00:05:40,533 -Correct? -The palm tree was bent over to my yard. 113 00:05:40,600 --> 00:05:42,933 The big tree that fell into my yard 114 00:05:43,000 --> 00:05:46,066 did about $9,600 worth of damage. 115 00:05:46,133 --> 00:05:47,734 -[Levy] So, not the palm? -Not the palm. 116 00:05:47,800 --> 00:05:49,867 -The big tree fell over. -[Gartano] Correct. 117 00:05:49,933 --> 00:05:53,000 Not only to me, but my neighbor next door. 118 00:05:53,066 --> 00:05:55,967 If you put up the picture with the houses 119 00:05:56,033 --> 00:05:58,133 -you know that you were showing. Yeah. -Right there? 120 00:05:58,200 --> 00:06:02,467 Now, right here, she's got a pool cage right there. 121 00:06:02,533 --> 00:06:04,667 -[Levy] Yes. -That fell into her yard, 122 00:06:04,734 --> 00:06:07,200 which cost $20,000 worth of damage. 123 00:06:07,266 --> 00:06:09,867 [Levy] So you're saying there were a bunch of trees that had fallen over? 124 00:06:09,934 --> 00:06:11,734 -From his property. -Is that correct? 125 00:06:11,800 --> 00:06:14,233 Not the tree, the limbs snapped off... 126 00:06:14,300 --> 00:06:17,934 Yeah, the limbs snapped off. Let's take a look at 08, please. 127 00:06:18,934 --> 00:06:20,367 What are we looking at here? 128 00:06:20,433 --> 00:06:23,667 -That's my lanai. As you see-- Yeah. -[Levy] On the right side. 129 00:06:23,734 --> 00:06:25,200 This is my lanai. 130 00:06:25,266 --> 00:06:28,100 It ripped off all my gutters, fascia, soffit, 131 00:06:28,166 --> 00:06:29,500 ruined the screens. 132 00:06:29,567 --> 00:06:32,700 Here's my six-foot fence all across. 133 00:06:32,767 --> 00:06:34,467 Everything's damaged on this side. 134 00:06:34,533 --> 00:06:37,900 -Okay, what about 05. Stay there, please. -Okay. 135 00:06:39,033 --> 00:06:42,000 -[Levy] What are we looking at-- -This is the other side of my property. 136 00:06:42,066 --> 00:06:44,600 And these are all, like, 24 inches in radius. 137 00:06:44,667 --> 00:06:46,767 -We're not talking about twigs. -[Levy] Got it. 138 00:06:46,834 --> 00:06:49,066 And I believe the last thing then, Mr. Criscuolo, 139 00:06:49,133 --> 00:06:51,600 is that you provided us with a videotape 140 00:06:51,667 --> 00:06:54,033 of one of the branches that had fallen down on your property? 141 00:06:54,100 --> 00:06:57,332 Yes, and it was showing, uh, bees. 142 00:06:57,400 --> 00:07:00,667 When the branch came down, I had to hire an exterminator 143 00:07:00,734 --> 00:07:03,767 before the guys could cut the tree in my property. 144 00:07:03,834 --> 00:07:05,300 So I had to wait a few days. 145 00:07:05,367 --> 00:07:07,834 And if you look at that video, 146 00:07:07,900 --> 00:07:11,200 you can see the bees swarming, as you can see. 147 00:07:11,266 --> 00:07:13,367 -They're all moving. -[Levy] And that's one of the rotted 148 00:07:13,433 --> 00:07:15,367 -areas that you mentioned. -[Gartano] Correct. Correct. 149 00:07:15,433 --> 00:07:16,867 -Thank you. Judge Acker. -[Gartano] Yeah. 150 00:07:16,934 --> 00:07:21,367 Thank you, Judge. Can we please put up Exhibit 2 again? 151 00:07:22,433 --> 00:07:25,467 Sir, why do you have to lop it off in that way? 152 00:07:25,533 --> 00:07:27,166 Why not just cut off the branches 153 00:07:27,233 --> 00:07:30,300 or remove the debris that was on your property? 154 00:07:30,367 --> 00:07:33,200 [narrator] Coming up on Tribunal Justice... 155 00:07:33,266 --> 00:07:35,867 I just got rid of the trees and fixed my lanai. 156 00:07:35,933 --> 00:07:37,300 -at that point. -You fixed it. 157 00:07:37,367 --> 00:07:39,600 -Hey, hey, hey. -Sorry. 158 00:07:39,667 --> 00:07:41,332 You're as intrusive as the trees. 159 00:07:41,400 --> 00:07:43,166 [audience laughing] 160 00:07:44,700 --> 00:07:46,367 [main theme playing] 161 00:07:46,933 --> 00:07:50,166 [narrator] Rick and Susannah Leahr are suing neighbor, Gartanao Criscuolo, 162 00:07:50,233 --> 00:07:54,000 for $8,000 after he chopped down their favorite tree. 163 00:07:54,066 --> 00:07:56,500 Gartano says it was leaning onto his property 164 00:07:56,567 --> 00:07:59,233 and he's countersuing for $8000 in damages. 165 00:07:59,300 --> 00:08:01,166 Why not just cut off the branches 166 00:08:01,233 --> 00:08:03,467 or remove the debris that was on your property? 167 00:08:03,533 --> 00:08:05,700 Okay, this was bent over to my fence line. 168 00:08:05,767 --> 00:08:10,967 So these guys just went in there and cut everything up in my fence line. 169 00:08:11,033 --> 00:08:12,066 You know what I'm saying. 170 00:08:12,133 --> 00:08:13,433 But, this is your countersuit. 171 00:08:13,500 --> 00:08:15,333 "The guys from the tree removal company 172 00:08:15,400 --> 00:08:19,133 had to cut six inches below the fence line on their side." 173 00:08:19,200 --> 00:08:21,367 So you admit you had to go onto their property? 174 00:08:21,433 --> 00:08:22,934 Yes, the property, right. 175 00:08:23,000 --> 00:08:26,100 He's now acknowledged that he went onto your property 176 00:08:26,166 --> 00:08:28,700 to complete this tree removal. 177 00:08:28,767 --> 00:08:30,767 I'm not gonna cast aspersions on that. 178 00:08:30,834 --> 00:08:32,232 You're not blaming them for Milton? 179 00:08:32,299 --> 00:08:34,567 -No. -So the damage to your lanai 180 00:08:34,633 --> 00:08:37,799 was an act of God. Why would they be liable for that? 181 00:08:37,866 --> 00:08:39,967 I'm not saying liable for that-- 182 00:08:40,033 --> 00:08:42,366 [Acker] Well, you're suing for damages to your lanai. 183 00:08:42,433 --> 00:08:45,667 I understand, but first of all, he came to my house, 184 00:08:45,734 --> 00:08:49,400 knocked on the door, demanding $500 for the palm tree. 185 00:08:49,467 --> 00:08:50,400 -[Acker] True, sir? -No. 186 00:08:50,467 --> 00:08:51,867 -So that never happened? -No. 187 00:08:51,934 --> 00:08:53,533 I went to his house. 188 00:08:53,600 --> 00:08:57,066 First thing out of his mouth was, "I'm calling the cops." 189 00:08:57,133 --> 00:09:01,066 I said, "Fine." The cops came. 190 00:09:01,133 --> 00:09:03,600 I talked to the lady cop. 191 00:09:03,667 --> 00:09:09,133 I said, "I can't believe he cut down such a precious tree that was ours. 192 00:09:09,200 --> 00:09:12,333 He had no right." She agreed with me. 193 00:09:12,400 --> 00:09:15,133 Then they said something about Rick. 194 00:09:15,200 --> 00:09:17,633 He didn't know how much a tree would be. 195 00:09:17,700 --> 00:09:20,700 I've called around. They are expensive. 196 00:09:20,767 --> 00:09:24,800 [Acker] I know they're expensive. So, we'll put the amount in dispute. 197 00:09:24,867 --> 00:09:29,100 But you're suggesting that he engaged in this malicious campaign 198 00:09:29,166 --> 00:09:30,533 -of tree murder... -I think it is. 199 00:09:30,600 --> 00:09:33,000 -...when in fact it was a mess. -I'm sorry. 200 00:09:33,066 --> 00:09:37,433 That tree, there was nothing wrong with that tree. 201 00:09:37,500 --> 00:09:39,266 [Acker] Do you have a picture of that tree 202 00:09:39,333 --> 00:09:40,900 -next to his fence? -[Rick] Yes, I do. 203 00:09:40,967 --> 00:09:43,667 -This is after. -[Acker] No, I want to see before. 204 00:09:43,734 --> 00:09:46,934 A picture of that tree fully straight, super-healthy, 205 00:09:47,000 --> 00:09:50,533 and then him just coming over with his tree-trimming service, 206 00:09:50,600 --> 00:09:54,200 and knocking down a tree that was not compromising his property at all. 207 00:09:54,266 --> 00:09:56,066 He cut my tree down. Period. 208 00:09:56,133 --> 00:09:59,767 So it's your position that that palm tree with the dead fronds, 209 00:09:59,834 --> 00:10:02,934 that wasn't trespassing onto his land and all. 210 00:10:03,000 --> 00:10:04,767 -No. -[Acker] Never. It was all straight up, 211 00:10:04,834 --> 00:10:08,166 -nothing was falling down? -There might have been older fronds 212 00:10:08,233 --> 00:10:10,266 -that fall off because it sheds them. -[Acker] Sure. 213 00:10:10,333 --> 00:10:11,734 Yeah, I think he over-cut. 214 00:10:11,800 --> 00:10:15,033 But I'm just having a hard time getting my head around your damages. 215 00:10:15,100 --> 00:10:18,734 I just don't see those damages. I haven't seen that you've been able to prove them. 216 00:10:18,800 --> 00:10:20,800 But Mr. Criscuolo, 217 00:10:20,867 --> 00:10:22,934 I want to be clear about your countersuit, 218 00:10:23,000 --> 00:10:27,333 because you've acknowledged that the debris that fell over, 219 00:10:27,400 --> 00:10:30,200 that was Milton debris. You think they should be liable for that? 220 00:10:30,266 --> 00:10:33,600 Well, he doesn't have, obviously he doesn't have the money for it, 221 00:10:33,667 --> 00:10:36,734 so all I did is countersuit so he could drop it. 222 00:10:36,800 --> 00:10:39,333 -You are just... -[Gartano] I placed a call 223 00:10:39,400 --> 00:10:45,100 on 1/22 at 4:00 pm, and Susannah picked up the phone, 224 00:10:45,165 --> 00:10:48,165 and I offered to buy a palm tree, and she refused. 225 00:10:48,233 --> 00:10:50,400 [Acker] You offered to get them another tree. 226 00:10:50,467 --> 00:10:52,165 -He offered to get you another tree? -At $500. 227 00:10:52,233 --> 00:10:53,967 Did he offer to give you another tree? 228 00:10:54,033 --> 00:10:59,600 He called me when he got my, um, small claims. 229 00:10:59,667 --> 00:11:01,266 -Yeah. -He was trying to resolve it 230 00:11:01,333 --> 00:11:03,367 -before you ended up here. -He said, "Can't I fix this, 231 00:11:03,433 --> 00:11:05,433 can't I pay for the thing?" 232 00:11:05,500 --> 00:11:07,433 And then he says... 233 00:11:09,066 --> 00:11:12,433 "I'm going to turn all your neighbors against you," 234 00:11:12,500 --> 00:11:16,533 -now none of my neighbors will talk to me. -It's true. 235 00:11:16,600 --> 00:11:18,467 My neighbor came over one day 236 00:11:18,533 --> 00:11:20,266 yelling at me. -[Acker] Listen, listen, listen. 237 00:11:20,333 --> 00:11:22,700 Let's put the neighborhood feud to the side. 238 00:11:22,767 --> 00:11:25,000 -Okay. -[Acker] My point, Ma'am, is that 239 00:11:25,066 --> 00:11:27,600 I cannot get my head around your damages. 240 00:11:27,667 --> 00:11:29,200 -Can I maybe explain? -[Acker] I'm not gonna 241 00:11:29,266 --> 00:11:31,000 simply make a number up. 242 00:11:31,066 --> 00:11:35,500 He's already acknowledged that his countersuit was just because. 243 00:11:35,567 --> 00:11:36,767 Judge DiMango? 244 00:11:36,834 --> 00:11:39,567 Well, what's clear to me is you two like greenery. 245 00:11:39,633 --> 00:11:41,734 You're living in a forest. 246 00:11:41,800 --> 00:11:44,734 And you're imposing that forest on your neighbors. 247 00:11:44,800 --> 00:11:48,567 He's pointed out that he saw damage to other people's property near you, 248 00:11:48,633 --> 00:11:51,633 so they may just be coming at you for that reason, as well. 249 00:11:51,700 --> 00:11:54,233 But let me go back to some general legal principles here, 250 00:11:54,300 --> 00:11:56,567 because I think we're blending a lot of things. 251 00:11:56,633 --> 00:11:59,266 If you have a healthy tree, 252 00:11:59,333 --> 00:12:04,633 and a storm comes and hits it, and it falls on someone else's property, 253 00:12:04,700 --> 00:12:06,300 you're not responsible. 254 00:12:06,367 --> 00:12:08,834 Nobody's responsible for an act of God. 255 00:12:08,900 --> 00:12:13,066 You would get stuck paying for the removal of those things. 256 00:12:13,133 --> 00:12:18,100 If, in fact, you did do something or were aware of something: 257 00:12:18,166 --> 00:12:23,433 bug infestation, animals living in the tree, just trees that are diseased. 258 00:12:23,500 --> 00:12:27,433 Those things you're stuck with paying for, and you're removing. 259 00:12:27,500 --> 00:12:32,266 So let's go to the picture where the tree falls on the six-foot fence. 260 00:12:32,333 --> 00:12:34,033 Was there damage to that fence, sir? 261 00:12:34,100 --> 00:12:35,633 -[Gartano] Absolutely. -Okay. 262 00:12:35,700 --> 00:12:37,934 Have you submitted proof as to the damage to that fence? 263 00:12:38,000 --> 00:12:39,500 I haven't fixed it yet. 264 00:12:39,567 --> 00:12:41,233 I just got rid of the trees 265 00:12:41,300 --> 00:12:43,934 -and fixed my lanai. -You fixed it! 266 00:12:44,000 --> 00:12:45,266 Hey, hey, hey. 267 00:12:47,165 --> 00:12:49,734 -Sorry. -You're as intrusive as the trees. 268 00:12:49,800 --> 00:12:50,800 Mm... 269 00:12:51,767 --> 00:12:54,433 [narrator] Coming up, on Tribunal Justice... 270 00:12:54,500 --> 00:12:56,667 I know you think something is humorous here, Ma'am, 271 00:12:56,734 --> 00:12:59,066 so why don't you tell me what you think is humorous? 272 00:12:59,133 --> 00:13:02,934 Well, him saying that there's electrical lines 273 00:13:03,000 --> 00:13:05,400 -and cable lines... -Not electrical, telephone lines. 274 00:13:05,467 --> 00:13:08,300 All the... that's a lie. 275 00:13:10,900 --> 00:13:12,567 [main theme playing] 276 00:13:13,066 --> 00:13:15,867 [narrator] Rick and Susannah Leahr say neighbor Gartano Criscuolo 277 00:13:15,934 --> 00:13:19,533 destroyed a palm tree gifted to them by Rick's deceased brother. 278 00:13:19,600 --> 00:13:21,200 They're suing for $8,000. 279 00:13:21,266 --> 00:13:24,066 But Gartano says the Leahrs neglected their trees, 280 00:13:24,133 --> 00:13:29,100 which fell onto his property, so he's countersuing for 8000 in damages. 281 00:13:29,166 --> 00:13:32,867 Was there ever a time when you went to them to complain about the trees? 282 00:13:32,934 --> 00:13:35,433 -Yeah, about 12-- -[DiMango] In the past. 283 00:13:35,500 --> 00:13:37,433 Eleven, 12 years ago, 284 00:13:37,500 --> 00:13:40,900 I had to hire the tree trimmer to go with a boom, 285 00:13:40,967 --> 00:13:42,500 80-foot boom. 286 00:13:42,567 --> 00:13:45,567 So we had to get permission that we had to cut off, 287 00:13:45,633 --> 00:13:48,400 -you know, past my, uh, the property line. -[DiMango] Right. 288 00:13:48,467 --> 00:13:50,266 And that's the only confrontation I had. 289 00:13:50,333 --> 00:13:52,734 [DiMango] Okay, you know what, you don't have to raise your hand. 290 00:13:52,800 --> 00:13:55,367 But since your hand is up, I'll call on you. Yes, sir. 291 00:13:55,433 --> 00:13:58,300 I just wanted to point out that that tree 292 00:13:58,367 --> 00:14:02,066 had gone through every storm, every hurricane 293 00:14:02,133 --> 00:14:04,300 for the last probably 75 years. 294 00:14:04,367 --> 00:14:07,367 I gotta tell you, sir, I look at all the trees, I look at what's going on, 295 00:14:07,433 --> 00:14:09,433 and I say the damages here, 296 00:14:09,500 --> 00:14:13,867 caused on his property by what appears to be trees that are rotten in some way, 297 00:14:13,934 --> 00:14:19,467 would make you, if we find that, responsible not only for his tree removal, 298 00:14:19,533 --> 00:14:22,433 but for the damage caused to his property, as well. 299 00:14:22,500 --> 00:14:25,533 Now, you're saying-- Let's go back to the picture of the tree stump, 300 00:14:25,600 --> 00:14:27,734 which would be 02. 301 00:14:27,800 --> 00:14:30,400 Can you go to the picture and explain how it is you say 302 00:14:30,467 --> 00:14:32,000 that was over onto your property? 303 00:14:32,066 --> 00:14:35,867 This part was bent over into my yard. 304 00:14:35,934 --> 00:14:37,600 -[DiMango] So it was at that point... -No! 305 00:14:37,667 --> 00:14:41,266 that it was bent over, that you had the people remove the tree. 306 00:14:41,333 --> 00:14:43,066 'Cause that's what I was thinking. 307 00:14:43,133 --> 00:14:45,567 Now, were there any branches or anything else other than-- 308 00:14:45,633 --> 00:14:47,633 We got telephone lines, 309 00:14:47,700 --> 00:14:49,633 and cable lines in the back. 310 00:14:49,700 --> 00:14:51,867 -That are underground. -They grabbed them and pulled them down 311 00:14:51,934 --> 00:14:52,934 with it. 312 00:14:53,000 --> 00:14:55,165 -[DiMango] When was this after? -[Gartano] The hurricane. 313 00:14:55,233 --> 00:14:56,967 -That's pretty dangerous. -So the cable guys 314 00:14:57,033 --> 00:14:57,900 That's pretty dangerous. 315 00:14:57,967 --> 00:14:59,800 ...and the telephone people had to grab that cable, 316 00:14:59,867 --> 00:15:03,033 you know, because of the tree and they were worried about it 317 00:15:03,100 --> 00:15:05,400 putting it back up, so they put it underground. 318 00:15:05,467 --> 00:15:08,133 How many times in the past have you had a company come 319 00:15:08,200 --> 00:15:10,767 to remove the tree branches from your home? 320 00:15:10,834 --> 00:15:13,967 Well, most of the time, if it's small enough, I could do it myself. 321 00:15:14,033 --> 00:15:16,433 If it's too big, I have to hire someone. 322 00:15:16,500 --> 00:15:18,767 [DiMango] Have you ever asked them to pay for any of that? 323 00:15:18,834 --> 00:15:20,367 -No, I never asked. -[DiMango] Yeah. 324 00:15:20,433 --> 00:15:22,767 I know you think something is humorous here, Ma'am, 325 00:15:22,834 --> 00:15:25,166 so why don't you tell me what you think is humorous? 326 00:15:25,233 --> 00:15:29,000 Well, him saying there's electrical lines 327 00:15:29,066 --> 00:15:31,834 -and cable lines and... -Not electrical, telephone lines. 328 00:15:31,900 --> 00:15:34,500 ...and all that. That's a lie. 329 00:15:34,567 --> 00:15:38,165 -It's underground. -And all our stuff is underground. 330 00:15:38,233 --> 00:15:39,934 -[Gartano] Here. -[DiMango] Can you show me-- 331 00:15:40,000 --> 00:15:41,300 Oh, you have photographs? 332 00:15:41,367 --> 00:15:43,100 -Yeah. This is, like, crazy. -That would be great. 333 00:15:43,165 --> 00:15:44,834 [DiMango] Oh, "like crazy," we like that. 334 00:15:44,900 --> 00:15:47,033 -When he shows me those photographs... -[Susannah] Okay. 335 00:15:47,100 --> 00:15:49,033 ...am I gonna see wires and lines... 336 00:15:49,100 --> 00:15:50,600 ...going across? -Not by that palm tree. 337 00:15:50,667 --> 00:15:52,133 Your answer is he's lying. 338 00:15:52,200 --> 00:15:53,467 They'll bring it over. 339 00:15:53,533 --> 00:15:54,633 Well, all our-- 340 00:15:54,700 --> 00:15:56,667 -[DiMango] I didn't ask you a question. -Don't... 341 00:15:56,734 --> 00:16:00,133 Oh, there's lines everywhere. There's lines all over the place. 342 00:16:00,200 --> 00:16:02,233 -[Susannah] That's not our palm tree. -Yeah. 343 00:16:02,300 --> 00:16:04,066 No, but it's by the trees, it's over there. 344 00:16:04,133 --> 00:16:06,934 He's complaining about all that's going on in that yard. 345 00:16:07,000 --> 00:16:10,000 [Rick] But all those lines are underground now. 346 00:16:10,066 --> 00:16:11,266 -[Gartano] No. -Have been. 347 00:16:11,333 --> 00:16:12,767 -Yes, they have been. -[DiMango] Hang on. 348 00:16:12,834 --> 00:16:15,500 What we're talking about, sir, is the circumstances 349 00:16:15,567 --> 00:16:18,834 surrounding the property damage, et. al. 350 00:16:18,900 --> 00:16:21,767 at the time of the incident. 351 00:16:21,834 --> 00:16:23,000 Not today. 352 00:16:23,066 --> 00:16:26,000 And in any event, your trees were in that area, 353 00:16:26,066 --> 00:16:28,333 and that there could have been electrical problems 354 00:16:28,400 --> 00:16:30,633 as a result as well. Judge Levy? 355 00:16:30,700 --> 00:16:34,066 Yeah, just so I'm clear, and to follow up on Judge DiMango's point 356 00:16:34,133 --> 00:16:36,100 regarding your counterclaim. 357 00:16:36,165 --> 00:16:40,767 You provided us with evidence, that on October 15th, 2024, 358 00:16:40,834 --> 00:16:44,300 there was an invoice for cutting the trees in your backyard. 359 00:16:44,367 --> 00:16:47,367 -And that invoice was for $4,300. -Correct. 360 00:16:47,433 --> 00:16:49,367 In addition to the invoice, you provided us 361 00:16:49,433 --> 00:16:51,834 -with a copy of your canceled check. -Correct. 362 00:16:51,900 --> 00:16:54,200 In addition to that, you provided us with an invoice 363 00:16:54,266 --> 00:16:56,867 from Exterior Services to fix the roof. 364 00:16:56,934 --> 00:16:59,133 You provided us with proof of payment for that, correct? 365 00:16:59,200 --> 00:17:00,433 -Correct. -[Levy] Okay. 366 00:17:00,500 --> 00:17:03,800 When was the last time that either of you paid a nickel 367 00:17:03,867 --> 00:17:06,433 to have a tree company come to make sure 368 00:17:06,500 --> 00:17:09,300 that those trees were safe, healthy? 369 00:17:09,367 --> 00:17:11,099 I don't know... 370 00:17:11,165 --> 00:17:13,032 [Levy] Not within the last 10 years? 371 00:17:13,099 --> 00:17:14,200 Definitely. 372 00:17:14,266 --> 00:17:17,000 I want to see that video one more time with the bees. 373 00:17:18,000 --> 00:17:21,666 That right there, that rotted limb infested with bees... 374 00:17:21,733 --> 00:17:23,532 [Rick] I didn't know there was bees in it. 375 00:17:23,599 --> 00:17:26,633 ...that's how little you two care for the neighbors 376 00:17:26,700 --> 00:17:28,165 who lived in your community. 377 00:17:28,233 --> 00:17:30,867 And for 10 years, you guys have done absolutely nothing 378 00:17:30,934 --> 00:17:34,834 to ensure that the trees are healthy, properly maintained. 379 00:17:34,900 --> 00:17:38,533 And you think that the countersuit by the defendant, 380 00:17:38,600 --> 00:17:41,934 even if he filed it just because you guys sued him, 381 00:17:42,000 --> 00:17:43,934 doesn't mean that it doesn't have merit. 382 00:17:44,000 --> 00:17:45,367 I'm gonna discuss with my colleagues. 383 00:17:45,433 --> 00:17:47,300 I most certainly think it does have merit. 384 00:17:47,367 --> 00:17:49,934 You would have been much better off taking your 500 bucks. 385 00:17:50,000 --> 00:17:51,467 I have nothing further. 386 00:17:51,533 --> 00:17:54,066 Then we are going to retire to deliberate at this time. Thank you all. 387 00:17:54,133 --> 00:17:56,734 Court is now in recess, parties will be recalled. 388 00:17:56,800 --> 00:17:59,266 [dramatic music playing] 389 00:18:01,767 --> 00:18:03,734 [dramatic music playing] 390 00:18:04,567 --> 00:18:07,033 The Plaintiffs are not responsible for Milton, 391 00:18:07,100 --> 00:18:11,000 and the plaintiffs are not responsible for damage that Milton does. 392 00:18:11,567 --> 00:18:16,333 Unless the tree that fell down was not a healthy tree. 393 00:18:16,400 --> 00:18:18,567 That hollowed out video with the bees in it, 394 00:18:18,633 --> 00:18:21,734 makes it crystal clear that that tree was rotted out. 395 00:18:21,800 --> 00:18:23,367 It was not a healthy tree. 396 00:18:23,433 --> 00:18:26,667 the defendant may have, and did in fact say, 397 00:18:26,734 --> 00:18:28,633 "Honestly, the only reason I brought a counterclaim 398 00:18:28,700 --> 00:18:31,500 was because they wouldn't take what was reasonable, which was $500. 399 00:18:31,567 --> 00:18:35,300 If they would have taken the $500, he'd never have filed his counterclaim. 400 00:18:35,367 --> 00:18:38,133 He has an absolute perfect counterclaim, in my opinion. 401 00:18:38,200 --> 00:18:43,100 Unlike the plaintiffs who want $2,900 to replace a tree. 402 00:18:43,166 --> 00:18:44,700 And most certainly, they never paid it. 403 00:18:44,767 --> 00:18:46,834 They were very clear the plaintiffs never paid that. 404 00:18:46,900 --> 00:18:51,400 And quite frankly, it just seemed to me that the plaintiffs just didn't care 405 00:18:51,467 --> 00:18:54,900 about what damage their trees did to their neighbors. 406 00:18:54,967 --> 00:18:58,433 But God darn it, you cut down my brother's palm tree 407 00:18:58,500 --> 00:19:00,567 that we got back in 1997. 408 00:19:00,633 --> 00:19:02,500 I just don't think that they have a case. 409 00:19:02,567 --> 00:19:05,300 And so I'm interested to hear your thoughts. 410 00:19:05,367 --> 00:19:10,200 I think that their case, in chief, fails for the same reasons 411 00:19:10,266 --> 00:19:12,567 that his counterclaim should succeed. 412 00:19:12,633 --> 00:19:15,166 To my mind, he may have trespassed, 413 00:19:15,233 --> 00:19:17,700 but they can't prove damages because all I see 414 00:19:17,767 --> 00:19:22,266 is the removal of diseased, dead, dying, unmaintained trees. 415 00:19:22,333 --> 00:19:25,100 So even if he did file this counterclaim 416 00:19:25,166 --> 00:19:27,667 simply to make a point and have it be a wash, 417 00:19:27,734 --> 00:19:30,633 I do think it has merit. So I'm completely on board with that. 418 00:19:30,700 --> 00:19:32,467 First of all, as we all know, 419 00:19:32,533 --> 00:19:35,700 you're not responsible for damages caused by an act of God, 420 00:19:35,767 --> 00:19:37,533 a force majeure, you're not. 421 00:19:37,600 --> 00:19:39,800 You wanna clean up your yard, you pay for it. 422 00:19:39,867 --> 00:19:43,433 But you are responsible for damages that your property causes 423 00:19:43,500 --> 00:19:47,633 to the property of another when your property is damaged or failing 424 00:19:47,700 --> 00:19:52,500 or diseased in some way, and that caused the damage to the defendant's property. 425 00:19:52,567 --> 00:19:55,000 They were living like the Swiss Family Robinson. 426 00:19:55,066 --> 00:19:57,533 They were living amidst all of those trees, 427 00:19:57,600 --> 00:20:00,033 and they were damaging property of those around them, 428 00:20:00,100 --> 00:20:03,066 which is why other people actually had an issue with them. 429 00:20:03,133 --> 00:20:04,967 -It's like a forest. -For 10 years 430 00:20:05,033 --> 00:20:08,333 the plaintiffs admitted they hadn't done a darn thing. 431 00:20:08,400 --> 00:20:11,200 And he said he was-- I asked him specifically, 432 00:20:11,266 --> 00:20:13,600 did you pay for things? "Yes." Did you ever go to them? "No." 433 00:20:13,667 --> 00:20:17,767 So he cut off what was over in his yard. He has an absolute right to do that. 434 00:20:17,834 --> 00:20:20,166 He's also suing them for the damages caused 435 00:20:20,233 --> 00:20:23,767 to his property and to clean up the dead tree branch removal. 436 00:20:23,834 --> 00:20:28,033 And I resent that they tell me $5,100 for emotional distress. 437 00:20:28,100 --> 00:20:29,433 I get things are sentimental, 438 00:20:29,500 --> 00:20:33,133 but I don't know how anybody can come up with $5,100 for that. 439 00:20:33,200 --> 00:20:35,467 So I want to dismiss their complaint in its entirety. 440 00:20:35,533 --> 00:20:38,367 So dismissing the plaintiffs' complaint in its entirety... 441 00:20:38,433 --> 00:20:41,367 -Eight thousand to the plaintiff. -And $8,000 to the defendant 442 00:20:41,433 --> 00:20:42,934 -on the counterclaim. Yeah, I'd join that. 443 00:20:43,000 --> 00:20:44,867 -Unanimous. Okay, thank you. -Yes. 444 00:20:44,934 --> 00:20:46,900 [dramatic music playing] 445 00:20:47,700 --> 00:20:50,333 Order. All parties are reminded that we're back in session. 446 00:20:50,400 --> 00:20:51,767 [Levy] Thank you, Cassandra. 447 00:20:51,834 --> 00:20:55,400 Well, we have deliberated and reached a unanimous verdict. 448 00:20:55,467 --> 00:20:59,200 Mr. and Mrs. Leahr, the evidence that you had with respect to what it would cost, 449 00:20:59,266 --> 00:21:02,467 you did, in fact, provide this invoice, 450 00:21:02,533 --> 00:21:05,367 this anticipatory future expense. 451 00:21:05,433 --> 00:21:07,734 But again, as you indicated, you still haven't paid it. 452 00:21:07,800 --> 00:21:10,066 And quite frankly, we did not give that any merit. 453 00:21:10,133 --> 00:21:11,934 We placed no merit in that whatsoever. 454 00:21:12,000 --> 00:21:16,700 As far as your complaint for $5,100 in emotional distress, 455 00:21:16,767 --> 00:21:19,500 there's been no evidence of that. This case doesn't even come close 456 00:21:19,567 --> 00:21:21,133 to warranting an emotional distress, 457 00:21:21,200 --> 00:21:23,900 despite how much you can feel that you are hurt 458 00:21:23,967 --> 00:21:26,600 because the tree that your brother gave to you when you first moved in, 459 00:21:26,667 --> 00:21:28,667 and I know that was heartfelt. 460 00:21:28,734 --> 00:21:30,934 Even with that, it doesn't even come close. 461 00:21:31,000 --> 00:21:34,734 There's no way, as a matter of law, we would have to dismiss that, and we are. 462 00:21:34,800 --> 00:21:39,033 So with respect to your original complaint for $8,000, 463 00:21:39,100 --> 00:21:41,533 we are dismissing that original cause of action. 464 00:21:41,600 --> 00:21:43,166 With respect to the counterclaim, 465 00:21:43,233 --> 00:21:46,400 we agree with his testimony that he thought that what you were doing 466 00:21:46,467 --> 00:21:48,800 with an $8,000 request was a money-grab. 467 00:21:48,867 --> 00:21:52,200 And that the law in the state of Florida is clear. 468 00:21:52,266 --> 00:21:56,700 If it were a healthy tree, and because of an act of God like Hurricane Milton, 469 00:21:56,767 --> 00:21:59,433 it falls on the defendant's property, he doesn't get a dime. 470 00:21:59,500 --> 00:22:01,233 That's an act of God. 471 00:22:01,300 --> 00:22:03,900 Nothing that you could have done would have changed that. 472 00:22:03,967 --> 00:22:07,367 But all of the evidence that was presented by the defendant 473 00:22:07,433 --> 00:22:08,700 proved just the opposite. 474 00:22:08,767 --> 00:22:11,767 That tree, it was rotten, and it was bee-infested. 475 00:22:11,834 --> 00:22:15,667 Therefore, in the state of Florida, it falls on the homeowner 476 00:22:15,734 --> 00:22:18,300 whose property the tree was on, to pay damages 477 00:22:18,367 --> 00:22:22,200 from that unhealthy tree falling on someone's property, like the defendant's. 478 00:22:22,266 --> 00:22:25,266 And those payments were $8,100. 479 00:22:25,333 --> 00:22:28,000 The maximum he sued for, because in the state of Florida, 480 00:22:28,066 --> 00:22:32,900 that's the most you can sue for was $8000, he has more than met his burden. 481 00:22:32,967 --> 00:22:35,367 Therefore, it is the unanimous verdict of the court, 482 00:22:35,433 --> 00:22:39,033 judgment in favor of the defendant for $8,000 on his counterclaim. 483 00:22:39,100 --> 00:22:41,467 And we do appreciate all of you coming. Thank you. 484 00:22:41,533 --> 00:22:42,900 -[gavel bangs] -[Gartano] Thank you. 485 00:22:42,967 --> 00:22:45,934 This case has concluded, all parties are excused. 486 00:22:49,333 --> 00:22:52,300 I feel real good about what the decision was made today. 487 00:22:52,367 --> 00:22:55,967 Um, so, anyway... 488 00:22:56,033 --> 00:22:57,834 To me, I think it was all about the money. 489 00:22:57,900 --> 00:23:00,500 Oh, he's an [bleep]. Excuse my French. 490 00:23:00,567 --> 00:23:03,600 I feel sorry for my neighbors. I tried to help them out. 491 00:23:03,667 --> 00:23:07,300 He cut our kids' swing set down when they were young. 492 00:23:07,367 --> 00:23:08,934 I did not, I did not. 493 00:23:09,400 --> 00:23:11,133 Um... 494 00:23:11,200 --> 00:23:12,834 I am a good neighbor for them. 495 00:23:12,900 --> 00:23:15,266 I just think he's a [bleep]. Let's go. 496 00:23:15,333 --> 00:23:17,400 [narrator] Did someone destroy your property? 497 00:23:17,467 --> 00:23:20,500 Let Tribunal Justice decide your case. 498 00:23:20,567 --> 00:23:24,633 Find us on social media at Tribunal Justice. 499 00:23:24,700 --> 00:23:26,700 [main theme playing]