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00:00He cut my tree down, period.
00:03Now, on Tribunal Justice.
00:05You've said that the tree was just a disaster waiting to happen.
00:09The palm tree was bent over to my yard.
00:12That's a lie.
00:13I went to his house.
00:15First thing out of his mouth was, I'm calling the cops.
00:18Then he says, I'm going to turn all your neighbors against you.
00:25You're suggesting tree murder.
00:27It was a mess.
00:29Well, what's clear to me is you two like greenery.
00:55Today's case was filed in Sarasota, Florida.
00:58Your Honor, this is case number 3070, Lear and Lear v. Criscolo.
01:04All parties have been sworn in.
01:05You may be seated.
01:07Thank you, Cassandra.
01:08You're welcome.
01:08Okay.
01:09Mr. and Mrs. Lear, according to your complaint, you and the defendant are neighbors.
01:14Mm-hmm.
01:15You are suing him for $2,900 to replace a tree that belonged to you and for $5,100 in
01:23damages
01:24for emotional distress.
01:25Yes.
01:26Total damages, $8,000.
01:27Yes.
01:28Mr. Criscolo, according to your answer, you admit to cutting down the plaintiff's tree,
01:33but only after it had fallen onto your property.
01:36You're also counter-suing the plaintiffs for $8,000.
01:40Correct.
01:40Which is the cost of removing the plaintiff's tree, repairing your patio roof.
01:45And according to your answer, you say that the lawsuit is nothing more than an attempt
01:51by the plaintiffs at a money grab.
01:53Correct.
01:54Okay.
01:54How long have you guys lived at the home next door to the defendant?
01:5827 years.
02:0027?
02:00Yes.
02:00Yes.
02:01You talked in your complaint about the palm tree as being one that you loved and cherished.
02:07Yes.
02:08Why was that?
02:09It was a housewarming gift from my brother years ago when we first bought the house and
02:15planted it.
02:15And unfortunately, my brother passed away between the storms last fall.
02:21Well, so it was something of importance to me.
02:25It had sentimental value.
02:26Absolutely.
02:27It was a foxtail palm, I think?
02:29Foxtail palm.
02:29And then there were other trees also on your property.
02:32Yes.
02:32You know what?
02:33Let's do this.
02:33Can we please put up the video of the homes?
02:37Thank you, Google Earth.
02:38So here we have the defendant's home in the forefront and now coming around.
02:43Stop.
02:45Okay.
02:45Mr. and Mrs. Lear, you see where the P is located on that map?
02:50Yes.
02:50Your house is tucked in the back there amongst all those trees.
02:53Yes.
02:54And Mr. Criscolo, you see your house there to the right where the D is located?
02:58Yes, I do.
02:59Not a tree on your property?
03:00No.
03:01Now, in September of 2024, Mr. Lear, you say your brother died due to a health complication.
03:06Yes.
03:07And then a few weeks later is when Florida, where you live, was hit with Hurricane Helene,
03:13September 26, 2024, and Milton, October 9, 2024.
03:18And that according to your complaint, you say a few branches from those trees fell onto
03:24the defendant's yard.
03:25Yes.
03:26Now, after Milton is when the defendant cut down the trees that had fallen in his yard.
03:31Right.
03:31And also the palm tree, correct?
03:33Right.
03:33That had been, according to him, leaning.
03:34All the same day.
03:35All right.
03:35Can we take a look at O2, please?
03:39Mr. and Mrs. Lear, this is the foxtail palm...
03:43Palm.
03:43...that your brother bought you back in 1997 as a housewarming gift.
03:47Yes.
03:48And what do you do when you see that?
03:50He said, honey, go look out the kitchen window.
03:53I looked.
03:54I said, where's our tree?
03:56Okay.
03:56How far is that from your home, the tree that we're looking at right now?
04:0025, 30 feet.
04:01Okay.
04:01Now, you come home.
04:02You say, where's the tree?
04:03You go over to the defendant's home, at least according to your complaint, and confront him
04:08about what did you just do to my brother-in-law's tree?
04:11Well, we walk up to the door.
04:13Rick knocked.
04:16He comes to the door.
04:18We said, what did you do to our tree?
04:20He says, I'm calling the cops.
04:23First words out of his mouth.
04:24Okay.
04:24And I said, okay, call the cops.
04:26All right.
04:27And eventually, the police came, and they spoke to you guys and said it was a civil matter,
04:31and you went on your way.
04:32Now, was there anything else about the foxtail palm tree that you specifically spoke to the
04:37police about?
04:38The rarity of them.
04:40Okay.
04:42At that size, they're very hard to come by.
04:44Now, in December 2024, according to your complaint, you say that you contacted a landscaper to
04:50replace the tree, and you are suing the defendant specifically for $2,900 for a new tree and to
04:57remove the six-foot stump that he left behind.
04:59Yes.
04:59You did, in fact, provide a copy of this invoice.
05:04Where is your proof of payment on that?
05:06We haven't paid anything.
05:08We've gotten estimates.
05:10Because of where the palm is located, it's going to be really hard to plant a new one
05:16the same size there.
05:17We can move on.
05:18You know what, Mr. Criscola, why don't you tell me, how long have you been living in the
05:21house?
05:22Okay.
05:22My mom passed away in 2004.
05:24That's when I bought the property from the family.
05:27And according to your answer, sir, you've said that the tree had been totally neglected
05:32by the plaintiffs for years, and it was just a disaster waiting to happen, correct?
05:38The palm tree was bent over to my yard.
05:40The big tree that fell into my yard did about $9,600 worth of damage.
05:46So not the palm.
05:47Not the palm.
05:47The big tree fell over.
05:49Correct.
05:50Not only to me, but my neighbor next door, if you put up that picture with the houses,
05:56you know, that you were showing.
05:57Right there?
05:57Yeah.
05:57Now, right here, she's got a pool cage right there.
06:02Yes.
06:03That fell into her yard, which cost $20,000 worth of damage.
06:07So you're saying, though, that there were a bunch of trees that had fallen over?
06:10From his property.
06:11And is that correct?
06:11Not the tree, the limbs.
06:13Limbs.
06:13Snapped off.
06:14Yeah, the limbs snapped off.
06:15Let's take a look at 08, please.
06:18What are we looking at here?
06:20That's my lanai.
06:22On the right side?
06:23Yeah.
06:23This is my lanai.
06:25It ripped off all my gutters, fascia, soffit, ruined the screens.
06:29Here's my six-foot fence all across.
06:32Everything is damaged on this side.
06:34Okay.
06:35And what about 05?
06:36Stay there, please.
06:37Okay.
06:39What are we looking at?
06:39This is the other side of my property.
06:42And these are all like 24 inches in radius.
06:44We're not talking about twigs.
06:46Got it.
06:46And I believe the last thing then, Mr. Criscolo, is that you provided us with a videotape of
06:52one of the branches that had fallen down on your property?
06:54Yes, it was showing bees.
06:57When the branch came down, I had to hire an exterminator before the guys could cut the
07:02tree in my property, so I had to wait a few days.
07:05And if you look at that video, you could see the bees swarming, as you could see.
07:11Okay.
07:12They're all moving.
07:12And that's one of the rotted areas that you mentioned.
07:15Thank you, Judge Acker.
07:17Thank you, Judge.
07:18Can we please put up Exhibit 2 again?
07:22Sir, why do you have to lop it off in that way?
07:25Why not just cut off the branches or remove the debris that was on your property?
07:30Coming up on Tribunal Justice.
07:33I just got rid of the trees and fixed my...
07:36You fixed it.
07:37Hey, hey, hey.
07:38Sorry.
07:39You're as intrusive as the trees.
07:46Rick and Susanna Lear are suing neighbor Gaetano Criscolo for $8,000 after he chopped down
07:52their favorite tree.
07:54Gaetano says it was leaning onto his property, and he's countersuing for $8,000 in damages.
07:59Why not just cut off the branches or remove the debris that was on your property?
08:03Okay.
08:03This was bent over to my fence line.
08:05So these guys just went in there and cut everything up in my fence line.
08:11You know what I'm saying?
08:12But this is your countersuit.
08:13The guys from the tree removal company had to cut six inches below the fence line on their
08:18side.
08:19So you admit you had to go onto their property.
08:21Yes.
08:22You probably did.
08:22You're right.
08:23He's now acknowledged that he went onto your property to complete this tree removal.
08:28I'm not going to cast aspersions on that.
08:31You're not blaming them for Milton.
08:32No.
08:32So the damage to your lanai was an act of God.
08:36Why would they be liable for that?
08:38I'm not saying liable for that.
08:40Well, you're suing for the damages to your lanai.
08:42I understand.
08:43But first of all, he came to my house, knocked on the door, demanding $500 for the palm tree.
08:49True, sir?
08:50No.
08:50So that never happened?
08:51No.
08:51I went to his house.
08:53First thing out of his mouth was, I'm calling the cops.
08:57I said, fine.
08:58The cops came.
09:00I talked to the lady cop.
09:03I said, I can't believe he cut down such a precious tree.
09:07That was ours.
09:09He had no right.
09:10She agreed with me.
09:12Then they said something about Rick.
09:15He didn't know how much a tree would be.
09:17I've called around.
09:19They are expensive.
09:20I know they're expensive.
09:22So we'll put the amount in dispute.
09:24But you're suggesting that he engaged in this malicious campaign of tree murder.
09:30I think he did.
09:30When in fact, it was a mess.
09:32It was a mess.
09:33That tree, there was nothing wrong with that tree.
09:37Do you have a picture of that tree next to his fence?
09:41This is after.
09:42No, no, no.
09:42I want to see before.
09:43A picture of that tree fully straight, super healthy, and then him just coming over with
09:49his tree trimming service and knocking down a tree that was not compromising his property
09:54at all.
09:54He cut my tree down, period.
09:56So it's your position that that palm tree with the dead fronds, that wasn't trespassing on
10:02his land at all.
10:03Never.
10:03It was just all straight up.
10:05Nothing was falling down.
10:06There might have been older fronds that fall off because it sheds them.
10:10Yeah, I think he overcut.
10:11But I'm just having a hard time getting my head around your damages.
10:15I just don't see those damages.
10:16I haven't seen that you've been able to prove them.
10:18But Mr. Criscolo, I want to be clear about your countersuit because you've acknowledged
10:24that the debris that fell over, that was Milton debris.
10:28You think they should be liable for that?
10:30Well, he doesn't have, obviously, he doesn't have the money for it.
10:34So all I did is countersuit so he could drop it.
10:37I placed a call at 122 at 4 p.m.
10:42and Susanna picked up the phone and offered to buy a palm tree and she refused.
10:48You offered to get them another tree?
10:50He offered to get you another tree?
10:52Did he offer to give you another tree?
10:53He called me when he got my small claims.
11:00He was trying to resolve it before you ended up here.
11:02He said, can't I fix this?
11:03Can't I pay for the thing?
11:05Then he says, I'm going to turn all your neighbors against you.
11:12And now none of my neighbors will talk to me.
11:16My neighbor came over one day yelling at me.
11:19Listen, listen, listen.
11:20Let's put the neighborhood feud to the side.
11:23My point, ma'am, is that I cannot get my head around your damages.
11:27Okay.
11:28And I'm not going to simply make a number up.
11:31He's already acknowledged that his countersuit was just because.
11:35Judge Domingo?
11:36Well, what's clear to me is you two like greenery.
11:39You're living in a forest and you're imposing that forest on your neighbors.
11:44He's pointed out that he saw damage to other people's property near you.
11:48So they may just be coming at you for that reason as well.
11:51But let me go back to some general legal principles here because I think we're blending a lot of things.
11:56If you have a healthy tree and a storm comes and hits it and it falls on someone else's property,
12:04you're not responsible.
12:06Nobody's responsible for an act of God.
12:09You would get stuck paying for the removal of those things.
12:12If, in fact, you did do something or were aware of something, bug infestation, animals living in the tree, just
12:21trees that are diseased, those things you're stuck with paying for and you're removing.
12:27So let's go to the picture where the tree falls on the six-foot fence.
12:32Was there damage to that fence, sir?
12:34Absolutely.
12:34Okay.
12:35Have you submitted proof as to the damage to that fence?
12:38I haven't fixed it yet.
12:39I just got rid of the trees and fixed my...
12:42You fixed it.
12:44Hey, hey, hey.
12:47Sorry.
12:48You're as intrusive as the trees.
12:51Coming up on Tribunal Justice.
12:54I know you think something is humorous here, ma'am, so why don't you tell me what you think is
12:58humorous?
12:59Well, him saying that there's electrical lines and cable lines and all that, that's a lie.
13:12Rick and Susanna Lear say neighbor Gaetano Criscolo destroyed a palm tree gifted to them by Rick's deceased brother.
13:19They're suing for $8,000.
13:21But Gaetano says the Lears neglected their trees, which fell onto his property, so he's countersuing for $8,000 in
13:28damages.
13:29Was there ever a time when you went to them to complain about the trees?
13:33Well...
13:33In the past?
13:34About, yes, about 12, 11, 12 years ago, I had to hire the tree trimmer to go with a boom,
13:4180-foot boom.
13:42So we had to get permission that we had to cut off, you know, past the property line.
13:48And that's the only confrontation I had.
13:50Okay.
13:51You know what?
13:51You don't have to raise your hand.
13:52But since your hand is up, I'll call on you.
13:54Yes, sir?
13:55I just wanted to point out that that tree had gone through every storm, every hurricane,
14:01for the last probably 75 years.
14:04I've got to tell you, sir, I look at all the trees, I look at what's going on, and I
14:07say
14:08the damages here caused on his property by what appears to be trees that are rotten in some way
14:13would make you, if we find that, responsible not only for his tree removal, but for the damage
14:20caused to his property as well.
14:22Now, you're saying, let's go back to the picture of the tree stump, which would be 02.
14:27Can you go to the picture and explain how it is, you say, that was over onto your property?
14:32This part was bent over into my yard.
14:36So it was at that point that it was bent over that you had the people remove the tree?
14:41Correct.
14:41Because that's what I was thinking.
14:43Now, were there any branches or anything else other than...
14:45We got telephone lines and cable lines in the back, and they grabbed them and pulled them down with it.
14:53When was this after...
14:54The hurricane.
14:55That's pretty dangerous.
14:56So the cable guys and the telephone people had to grab that cable, you know, because of the tree,
15:01and they were worried about it, putting it back up, so they put it underground.
15:05How many times in the past have you had a company come to remove the tree branches from your home?
15:11Well, most of the time, if it's small enough, I could do it myself.
15:14If it's too big, I have to hire someone.
15:16Have you ever asked them to pay for any of that?
15:18No, I've never asked.
15:20Yeah.
15:20I know you think something is humorous here, ma'am, so why don't you tell me what you think is
15:24humorous?
15:25Well, him saying that there's electrical lines and there's cable lines and all...
15:32That's a lie.
15:34And it's underground.
15:35Do you have any pictures?
15:36And all our stuff has been underground.
15:38Here.
15:39Can you show me some...
15:40Oh, you have photographs?
15:41I got pictures like crazy.
15:43Oh, like crazy.
15:44We like that.
15:45When he shows me those photographs, am I going to see wires and lines going across?
15:50Not by that palm tree.
15:50Your answer is he's lying.
15:52They'll bring it over.
15:53Well, all our...
15:54I didn't ask you a question.
15:56Don't.
15:56Oh, there's lines everywhere.
15:58There's lines all over the place.
16:00Yeah, and that's not by the palm tree?
16:01Yeah.
16:02No, but it's by the trees.
16:03It's over there.
16:04He's complaining about all that's going on in that yard.
16:07But all those lines are underground now.
16:10No.
16:10Have been.
16:11Hang on, hang on, hang on.
16:13What we're talking about, sir, is the circumstances surrounding the property damage and all at the time of the incident.
16:21Not today.
16:23And in any event, your trees were in that area and that there could have been electrical problems as a
16:28result as well.
16:29Judge Levy?
16:30Yeah, just so I'm clear, and to follow up on Judge DiMango's point regarding your counterclaim, you provided us with
16:37evidence that on October 15, 2024, there was an invoice for cutting the trees in your backyard, and that invoice
16:45was for $4,300.
16:47Correct.
16:47In addition to the invoice, you provided us with a copy of your canceled check.
16:51Correct.
16:52In addition to that, you provided us with an invoice from exterior services to fix the roof.
16:56You provided us with proof of payment for that, correct?
16:59Correct.
17:00Okay.
17:00When was the last time that either of you paid a nickel to have a tree company come to make
17:06sure that those trees were safe, healthy?
17:09I don't know.
17:11Not within the last 10 years.
17:13Definitely.
17:14I want to see that video one more time with the bees.
17:17That right there, that rotted limb infested with bees.
17:21I didn't know there was bees in it.
17:23That's how little you two cared for the neighbors who lived in your community, and for 10 years, you guys
17:29have done absolutely nothing to ensure that the trees are healthy, properly maintained, and you think that the countersuit by
17:37the defendant, even if he filed it just because you guys sued him, doesn't mean that it doesn't have merit.
17:43I'm going to discuss it with my colleagues.
17:45I most certainly think it does have merit.
17:47You would have been much better off taking your 500 bucks.
17:50I have nothing further.
17:51Then we are going to retire to deliberate at this time.
17:53Thank you all.
17:54Court is now in recess.
17:55Parties will be recalled.
18:04The plaintiffs are not responsible for Milton, and the plaintiffs are not responsible for damage that Milton does, unless the
18:13tree that fell down was not a healthy tree.
18:16That hollowed-out video with the bees in it makes it crystal clear that that tree was rotted out.
18:21It was not a healthy tree.
18:23The defendant may have and did, in fact, say, honestly, the only reason why I brought a counterclaim was because
18:29they wouldn't take what was reasonable, which was $500.
18:31If they would have taken the $500, he would never have filed his counterclaim.
18:35He has an absolute perfect counterclaim, in my opinion, unlike the plaintiffs who want $2,900 to replace a tree,
18:42and most certainly they never paid it.
18:44They were very clear the plaintiffs never paid that.
18:47And quite frankly, it just seemed to me that the plaintiffs just didn't care about what damage their trees did
18:53to their neighbors.
18:55But God darn it, you cut down my brother's palm tree that we got back in 1997.
18:59I just don't think that they have a case.
19:02And so I'm interested to hear your thoughts.
19:05I think that their case-in-chief fails for the same reasons that his counterclaim should succeed.
19:12To my mind, he may have trespassed, but they can't prove damages because all I see is the removal of
19:19diseased, dead, dying, unmaintained trees.
19:22So even if he did file this counterclaim, simply to make a point and have it be a wash, I
19:27do think it has merit.
19:29So I'm completely on board with that.
19:30First of all, as we all know, you're not responsible for damages caused by an active guard, a force majeure.
19:36You're not.
19:37You want to clean up your yard, you pay for it.
19:39But you are responsible for damages that your property causes to, that property of another, when your property is damaged
19:46or failing or diseased in some way, and that caused the damage to the defendant's property.
19:52They were living like the Swiss family Robinson.
19:55They were living amidst all of those trees, and they were damaging property of those around them, which is why
20:00the other people actually had an issue with them.
20:03It's like a forest.
20:04And for 10 years, the plaintiffs admitted that they hadn't done a darn thing.
20:08And he said he was, I asked him specifically, did you pay for things?
20:12Yes.
20:12Did you ever go to them?
20:13No.
20:13So he cut off what was over in his yard.
20:16He has an absolute right to do that.
20:18He's also suing them for the damages caused to his property and to clean up the dead tree branch removal.
20:23And I resent that they sell me $5,100 for emotional distress.
20:28I get things are sentimental, but I don't know how anybody can come up with $5,100 for that.
20:33So I want to dismiss their complaint in its entirety.
20:35So dismissing the plaintiff's complaint in its entirety.
20:39$8,000 to the plaintiff.
20:39And $8,000 to the defendant on the counterclaim.
20:42Absolutely.
20:43Unanimous.
20:43Yes.
20:47Order.
20:48All parties reminded that you're back in session.
20:50Thank you, Cassandra.
20:51Well, we have deliberated and reached a unanimous verdict.
20:55Mr. and Mrs. Lear, the evidence that you had with respect to what it would cost,
20:59you did, in fact, provide this invoice, this anticipatory future expense.
21:05But again, as you indicated, you still haven't paid it.
21:07And quite frankly, we did not give that any merit.
21:10We placed no merit in that whatsoever.
21:12As far as your complaint for $5,100 in emotional distress, there's been no evidence of that.
21:18This case doesn't even come close to warranting an emotional distress,
21:21despite how much you can feel that you are hurt.
21:23Because the tree that your brother gave to you when you first moved in,
21:26and I know that that was heartfelt, even with that, doesn't even come close.
21:31There's no way.
21:31As a matter of law, we would have to dismiss that, and we are.
21:34So with respect to your original complaint for $8,000,
21:39we are dismissing that original cause of action.
21:41With respect to the counterclaim, we agree with his testimony
21:45that he thought that what you were doing with an $8,000 request was a money grab.
21:49And that the law in the state of Florida is clear.
21:51If it were a healthy tree, and because of an act of God, like Hurricane Milton,
21:57it falls on the defendant's property, he doesn't get a dime.
21:59That's an act of God.
22:01Nothing that you could have done would have changed that.
22:03But all of the evidence that was presented by the defendant proved just the opposite.
22:09That tree, it was rotten, and it was bee infested.
22:11Therefore, in the state of Florida, it falls on the homeowner,
22:15whose property the tree was on,
22:17to pay damages from that unhealthy tree falling on someone's property like the defendant.
22:21And those payments were $8,100.
22:25The maximum he sued for, because the state of Florida,
22:28that's the most you can sue for, was $8,000.
22:30He has more than met his burden.
22:33Therefore, it is the unanimous verdict of the court,
22:35judgment in favor of the defendant for $8,000 on his counterclaim.
22:39And we do appreciate all of you coming.
22:43This case has concluded.
22:44All parties are excused.
22:49I feel real good about what the decision was made today.
22:52Um, so, anyway.
22:56To me, I think it was all about the money.
22:58Oh, he's an
22:59he's my friend.
23:00I feel sorry for my neighbors.
23:02I tried to help them out.
23:03He cut our kids' swing set down when they were young?
23:07I did not.
23:08I did not.
23:09Um.
23:10I am a good neighbor for them.
23:12I just think he's a
23:14Let's go.
23:15Did someone destroy your property?
23:17Let Tribunal Justice decide your case.
23:20Find us on social media at Tribunal Justice.
23:24Let's go.
23:54Let's go.
23:56Let's go.
23:57Let's go.
23:57Let's go.
24:00Let's go.
24:01Let's go.
24:02Let's go.
24:03Let's go.
24:03Let's go.
24:03Let's go.
24:03Let's go.
24:03Let's go.
24:03Let's go.
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