IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION
Seafarer Exploration Corp
Plaintiff

Case No: 14-CA-008902

VS.
Division: L
Darrell Volentine ; Darrell Volentine
Defendant

Order Striking Both Notices of Hearing for July 11, 2016 (4/29/16 and 6/13/16) and
Setting Briefing Schedule for Motions

Defendant filed a Verified Motion for Contempt and Sanctions on June

13, 2016. He proposes to testify that the plaintiffs representative testified
untruthfully at a previous hearing, but did not set an evidentiary hearing,
instead setting a routine 30 minute hearing after which he proposes the
court would incarcerate Mr. Kennedy for his ostensibly false testimony. He
further proposes that his testimony must be taken telephonically and will
take no more than 5 to 15 minutes.
As the court has previously informed the defendant at least twice, an
evidentiary hearing is necessary for such a motion, with the court setting
the hearing by order, requiring parties to exchange their intended evidence
before the hearing. The currently set hearing was not set as an evidentiary
hearing and the time reserved is a small fraction of what is required. It
cannot proceed.
The court therefore strikes the notice of hearing for July 11, 2016, 2:00
p.m., and denies the Motion to Testify Telephonically as moot. Counsel for
defendant may contact the court to obtain a form order setting evidentiary
hearing after August 1, 2016.
The court also strikes the hearing on the motion for summary judgment
scheduled for July 11, 2016, since it appears to be a matter that can be
decided as a matter of law without a hearing. The plaintiff has filed a
memorandum in opposition, and the defendant shall file any response he
chooses to make on or before August 1, 2016. In particular, the defendant
should address the applicability of Zelinka v. Americare Healthscan, Inc.,
763 So. 2d 1173 (Fla. 4th DCA 2000).
The motions filed by the plaintiff to dismiss or strike the two abovementioned motions (6/13/16) appear to be proper for decision without
hearing but only after the defendant is afforded an opportunity to respond
in writing. Accordingly, if defendant opposes either of those motions, he
shall file an appropriate memorandum in opposition by August 1, 2016.

Done and Ordered in Hillsborough County, Florida this 8th day of July, 2016.
ELECTRONICALLY CONFORMED 7/8/2016

Steven Scott Stephens, Judge

Copies Furnished To:
Plaintiff
Seafarer Exploration Corp
13046 Racetrack Road
#243
Tampa, FL 33626
Attorney: CRAIG ANTHONY HUFFMAN
13046 RACE TRACK RD # 243
TAMPA, FL 33626

Defendant
Darrell Volentine
803 Via Concha Road
Nipomo, CA 93444
Darrell Volentine
803 Via Concha Road
Nipomo, FL 93444
Attorney: EVAN D KIDD
730 1ST CT
PALM HARBOR, FL 34684