JUSTICE

THIS IS WHAT IS CALLED JUSTICE IN ONE SMALL
FLORIDA TOWN NAMED, PERRY, FLORIDA 32347

In 2005 I was married to a Ukrainian lady who I brought over here with her son in December of
1998. What I put here is a copy of the transcript of our divorce. This will make interesting
reading for those of you who think there is equal justice here in Florida. I know this was a shock
to me and the experience made me question why I stood in harms way during the Korean Mess
to protect this system. As this is a public record I have no worry about publishing it.

It should be noted here, that my entire case against this woman had been removed from the
County Clerks Office and I was not allowed to present any evidence of her secret bank account
at the Capital City Bank here in Perry, nor were any of my subpoenas, that I had served by the
Taylor County Sheriffs Office, allowed to be presented in court. I was allowed to ask questions
ONLY.
I, along with a lot of others, had stood in harm's way to protect this system from the Communist
Menace of the 1950's. I found it appaling the courts should be so heavily weighted against me.
Because of the actions of this court, I lost in the neighborhood of $60,000.00 and there was no
way to fight it. Even my wheelchair was removed from my home and the only way to get it back
was to appeal to the very same judge who gave my exwife anything she wanted to take from my
home. Is it any wonder why Veterans can become a bit bitter on returning home after sheding
their blood for this system? The same system that has so completely turned against them?
IS THIS WHAT WE FOUGHT AND IN MANY CASES DIED FOR???

             IN THE CIRCUIT COURT OF THE
                      STATE OF FLORIDA, IN AND FOR
                      COUNTY OF TAYLOR

ROBERT HERBST,                        )
                           )
Petitioner,                )
                           )
v.                                ) Case No. 0591-DR
                           )
LUDMILLA HERBST,                )
                           )
Respondent.                )
                           )


DISSOLUTION OF MARRIAGE

           Proceedings on August 11, 2005,
           before the Honorable James Roy
           Bean, Circuit Court Judge, at
           the Taylor County Courthouse
           Grand Jury Room.

APPEARANCES OF COUNSEL:

For Petitioner:        Pro se

For Respondent:        CLINE MOORE, ESQUIRE
                   Attorney at Law
                   Smith, Smith & Moore
                   411 North Washington Street
                   Perry, Florida 32347

INDEX

Testimony of:                                Page

(By Mr. Moore)                                DIR        CROSS
Ludmilla Herbst                         8   14

Robert Herbst                                28

Exhibits: Respondent's No. 1 9 (residency proof)

AUGUST 11, 2005, PERRY, FLORIDA
--o0o--
   MR. MOORE: Okay, we're here in the matter of Herbst versus Herbst, case number 0591-DR. This matter has been
set for final hearing. Mr. Herbst has filed an objection to the notice of hearing and notice setting call for trial. I filed a
response.
   Additionally, Mr. Herbst has filed a motion to compel and I have filed a motion to strike a petition filed by Mr. Herbst in
this action which is for support unconnected with the dissolution, unconnected with the dissolution of marriage.
   The Court can take it in any order that it wish.
   THE COURT: Okay. Mr. Herbst has filed an objection to notice for trial and I have reviewed the objection and I have
reviewed the response of the respondent.
   And, Mr. Herbst, is there anything in addition to what you have in your written objection that you wish to offer with
respect to whether or not this case should proceed today?
   MR. HERBST: I would like to know why as I petitioned here in my notice of hearing, why none of these things I've
asked for have been produced.
   THE COURT: Okay. Did you get a copy of the response to the objection?
   MR. HERBST: No.
   THE COURT: You did not? It was entitled, "Wife's response to objection"
   MR. HERBST: Oh, that I got, yeah. I'm sorry.
   THE COURT: -- to notice for trial. And it was filed on the fifth of August.
   MR. HERBST: I got that, I'm sorry. It was here.
   THE COURT: Okay. So I can not answer your question other than the apparent reasons that are set forth by
counsel for respondent or set forth in the wife's response. So I'm not in a position to answer your question at this point.
   But my question to you now is there anything that you wish to offer in addition to your written objection to the order
setting cause for trial?
   MR. HERBST: And I don't have anything to work with. I have further to do, to say. My hands are tied. I needed
these papers in order to argue this and I haven't got them so I can't go ahead with it.
   THE COURT: Okay. And, Mr. Moore, on behalf of the wife. Is there anything beyond your written respond you wish
to offer with respect to whether this case should go forward?
   MR. MOORE: No, Your Honor. Mr. Herbst subpoenaed the non-parties and I believe one non-party has responded
and filed a response with the Court. The other party, obviously, had nothing to respond to.
   And the only other thing he's requested is the interrogatories as opposing counsel which I've objected to as opposing
counsel as beyond the scope of discovery.
   THE COURT: You made the statement in your response that all relevant discovery in this action has been produced.
   MR. MOORE: That's correct, Your Honor.
   THE COURT: And that is your position still today?
   MR. MOORE: That is correct.
   THE COURT: And then you've made the statement further that the other requests are either procedurally flawed or
not available to petitioner for other legal reasons.
   MR. MOORE: That's correct.
   THE COURT: And you state that you are ready to proceed to final hearing?
   MR. MOORE: Yes, Your Honor, we are.
   MR. HERBST: I'd like to have -- due to the subject of procedure that has been brought up, I'd like to point up that the
entire procedure that I used was laid out by the Three Rivers Legal Services in accordance with your orders the last
time I was in front of you when you told me I wouldn't be heard unless I was represented by an attorney.
   I have done everything according to what Three Rivers told me. I have downloaded the forms they told me to. I have
filled them out the way they told me I should fill them out. And I filed them in the way they told me to file them.
   If they are procedurally incorrect, I'm only doing what I was told to do by the people you sent me to.
   THE COURT: And I understand that and I guess I didn't send you to those people, but I guess somebody in the
Clerk's office may have. But in any event, that was just to assist the pro se client yourself.
   You understand, of course, you have the right to an attorney?
   MR. HERBST: If I can afford one, yes.
   THE COURT: But Florida law does not allow me to appoint counsel for someone in a case such as this.
   MR. HERBST: And Three Rivers won't because it's not in their budget. I have a letter to that effect if you'd like to
read it.
   THE COURT: Well, we can make it a part of the file if you'd like.
   MR. HERBST: No, if you'd like to read it. I need it.
   THE COURT: Well, we can make you a copy for the Court file and for Mr. Moore.
   (Bailiff makes copies)
   MR. HERBST: I'm still waiting for an answer from the Capital City Bank. They haven't responded to my interrogatory
and I have some other papers coming in from an another source whereby proving that Ludmilla did make $6.50 an hour
from Mr. Jones and it is not listed on her financial.
   THE COURT: Well, we can get to that in the course of the hearing and you'll have a right to have questions about
that and that's why we have a final hearing.
   MR. HERBST: I'll keep shuffling. I really have nothing more to add until I get the rest of my documents.
   THE COURT: Well, the Court having considered the pleadings with respect to the objection and the motion or in
response to the objection find that the ball indicates that initially at least all of the discovery available in this action has
been produced and there is no good cause to delay the proceedings.
   The motion to continue, for lack of a better term, is denied and you will proceed.
   The parties will please raise their right hand and take the oath.
   (The Court administered the oath to parties)
   THE COURT: Okay, you are the petitioner in this case and did you file a counter-petition?
   MR. MOORE: Yes, Your Honor, I did and we're set for trial today.
   THE COURT: Do you have any objection to Mr. Moore's going forward and putting on proofs with respect to the
dissolution and then allowing you the opportunity to testify, of course, at the appropriate time and ask questions at the
appropriate time? Do you have any objection to that?
   MR. HERBST: Not at all.
   THE COURT: Proceed.
   MR. MOORE: Thank you, Your Honor.
LUDMILLA HERBST,
   having been sworn, was examined and testified as follows:
DIRECT EXAMINATION
Q        (By Mr. Moore): Please state your name.
A        Ludmilla Herbst.
   THE COURT: You need to speak up.
Q        Speak up so the court reporter can hear you.
A        Ludmilla Herbst.
Q        And, Ms. Herbst, what is your current address?
A        901 North Faulkner Street.
Q        Faulkner Street? And that's in Perry, Florida?
A        Perry, Florida.
Q        And have you been a resident of the State of Florida for six months before you filed your petition for dissolution
of marriage?
A        (Witness nodding head affirmatively)
Q        Is this a copy of your drivers license?
A        Yes.
   MR. MOORE: Offer that for proof of residency with the Court.
   THE COURT: Do you agree that she's been a continuous resident in the State of Florida for more than six months
before you filed your petition and she filed your counter-petition?
   MR. HERBST: You asking me?
   THE COURT: Yes.
   MR. HERBST: Yes, absolutely.
   THE COURT: Very well. The Court will receive this as Respondent's No. 1.
                           (RESPONDENT'S NO. 1 WAS MARKED
                           AND RECEIVED IN EVIDENCE)
Q        (By Mr. Moore): Are you currently married to Robert P. Herbst?
A        Yes.
Q        Okay. When were you and Mr. Herbst married?
A        11 of January 1999.
Q        And do you feel that your marriage to Mr. Herbst is irretrievably broke?
A        Now, absolutely, yes.
Q        Do you think anything that the Court could order today would assist you and Mr. Herbst in reconciling or bringing
your marriage back together?
A        No.
Q        Are you asking the Court today to dissolve your marriage?
A        Yes.
Q        When you originally came to our firm when Mr. Herbst filed his petition, were you required to pay our firm a
retainer amount?
A        I paid $750.
Q        And after that, were you required to make an additional payment?
A        Yes.
Q        How much was that?
A        $2,000.
Q        And were you informed of why you were required to pay the additional amount?
A        Because Robert Herbst changed his mind and he send lots of papers into my attorney and it takes time and I
understand that.
Q        Okay. And you're asking the Court today to dissolve your marriage?
A        Yes, please.
   MR. MOORE: That's all I have, Your Honor.
   THE COURT: With respect to the dissolution?
   MR. MOORE: That's correct.
   THE COURT: If you'll go ahead and state that for the record before we go any further. What counter-petitioner or
respondent is requesting in addition to dissolution by Court order?
   MR. MOORE: The only thing Miss Herbst is requesting is payment of her attorney's fees due to the voluminous
amount of responses that we've had to make in this litigation.
   Other than that, she's not requesting any division of distribution of assets, spousal support or anything of that nature.
All she's asking today is the Court dissolve the marriage.
   THE COURT: And is she prepared to testify if need be concerning her financial condition and whether or not her
financial affidavit, I assume one was filed?
   MR. MOORE: Yes, Your Honor.
   THE COURT: Whether it is correct.
   MR. MOORE: If need be, absolutely.
   THE COURT: Now, before we go any further then, Mr. Herbst, you need to understand, I need to understand initially
and, of course, counsel needs to know you did file a petition and in your petition you did request distribution of marital
assets?
   MR. HERBST: That's right.
   THE COURT: And liabilities? Okay, tell the Court at this time what it is you're requesting. And do you agree that the
marriage is irretrievably broken?
   MR. HERBST: I'm afraid so.
   THE COURT: Okay. So if the Court were to order marital counseling at this point you don't believe it would serve any
purpose?
   MR. HERBST: It might.
   THE COURT: But you're not asking the Court to do that at this point?
   MR. HERBST: I'm not asking the Court to do that.
   THE COURT: All right. Now, with respect to marital assets and liabilities, what is it that you're asking the Court to do?
   MR. HERBST: I would like a 50/50 division of marital assets.
   THE COURT: And what assets are you referring to?
   MR. HERBST: That's the problem. I don't know how much is involved. I know that she filed a form to the Immigration
Authorities that she wanted to sponsor her older son's immigration to the United States.
   In order to do that, she had to have a considerable amount of cash and to provide for his living conditions in the
United States for up to seven years.
   I have asked for a copy of that immigration form; it has been denied me.
   THE COURT: So you have no knowledge of any assets other than you're surmising that she had some assets at
some point?
   MR. HERBST: I have got a letter into the Capital City Bank. It has not been replied to, not yet.
   THE COURT: And what makes you believe that there are funds on deposit in her name or otherwise that she has
access to at the Capital City Bank?
   MR. HERBST: This is a rather lengthy situation. Ludmilla divided her money into two halves. When she took checks,
she took them to the Wachovia Bank and put them into Perry Office Supply.
   When she got cash, she put that somewhere else. I don't know where it went. I have no idea where it went, but it was
a considerable sum.
   THE COURT: Okay, it's your request at this time to inquire of Miss Herbst while she's under oath concerning her
financial condition?
   MR. HERBST: Well, I'd also like to know upon her financial affidavit she said that her only source of income was
Wal-Mart.
   THE COURT: Well, you'll have an opportunity to ask that. Is that what you wish to do?
   MR. HERBST: Okay.
   THE COURT: You may inquire of her concerning these matters.
CROSS EXAMINATION
Q        (By Mr. Herbst) On your financial affidavit, you put down your only source of income was from Wal-Mart. On your
interrogatory, you listed several people. Leading the list was Mrs. Eva Jones.
   Now, you told me several times during our marriage that you got $6.50 an hour from Mrs. Jones.
   MR. MOORE: Your Honor, I'm going to object to this as being argumentative and being compound. If he has a
question, I'll just ask Mr. Herbst to ask the question.
   THE COURT: Well, we'll have to bear with him. He's not an attorney and so I'm going to allow him to ask.
   MR. MOORE: I understand that, but it would be easier on behalf of himself if he had the opportunity --
   THE COURT: Do attempt, Mr. Herbst, to phrase, to form actual questions that can be answered by the witness.
Q        (By Mr. Herbst): When you put down Mrs. Jones' name, why did you not put down a salary?
A        I never told you such a thing, $6.50. It is your imagination.
Q        Then you are asking everybody in this room to believe that you worked for Mrs. Jones for six years and she paid
you nothing?
A        Not six years, not six years.
Q        Five years?
A        Not six years. I helped her. She like a sister to me. She like a big friend to me. And when I need and when she
needs me I always help her.
   And then present to me, good presents, her daughter present to me, gold, and present when my mom died they
helped me. Before Christmas, they always give me cash in envelope.
   And I eat at that house. Do laundry at that house. That people when you kicked me out of your house, they invite me
stay with and I only not go because his house not so big like Miss Susan's mother's house.
   And I don't want people, okay, and they're really my friends.
   THE COURT: You may continue with your questions, Mr. Herbst.
Q        (By Mr. Herbst): Is it not true that when you arrived or when you and Stas arrived at this country you arrived her
with a canvas bag and some other bags and that was all your possessions that you brought here?
A        Yes, I was poor.
Q        Poor?
A        And you pick us up from the dust.
Q        And what do you have now?
A        Yeah, nothing, old car and two sewing machines. One used and that's it. And my son.
Q        And that's all you took out of the house?
A        Yes. And something, my fabric from yard sale.
Q        And your sewing?
A        Yes. Jewelry.
Q        And some jewelry that I presented to you?
A        Yes.
Q        And some table ware and some sheets? Did you take some sheets?
A        No.
Q        How come I got pillowcases but no sheets?
A        No.
Q        You took no waterbed sheets?
A        No.
Q        Okay.
A        I don't need sheets.
   MR. HERBST: The only thing I can do is wait till the rest of my discovery comes in. I need tax returns and I need to
know --
   THE COURT: Well, you haven't asked about those things, sir. I mean you need to ask the question and if the Court
finds that we need to continue this matter for further discovery I'll rule accordingly. But at this point I haven't heard
anything.
   MR. HERBST: I subpoenaed tax returns.
   MR. MOORE: Your Honor, we've presented everything pursuant to mandatory discovery of Rule 12.285 we've been
asked and the additional discovery that has been requested by Mr. Herbst, in addition to him sending out production
from non-parties.
   And if they don't have anything to respond, they haven't responded, then they obviously don't have anything to
respond to. If they don't have anything, they can't send anything.
   THE COURT: Okay, do you wish to ask any more questions about marital assets?
   MR. HERBST: Well, I'd like to know where all the cash went.
   THE COURT: Well, you'll need to ask a specific question. When you say "all cash", I don't know what that means, sir.
You're going to have to be more specific. What cash are we referring to? From what source?
Q        (By Mr. Herbst): The cash that you got from all the people listed on your interrogatory?
   MR. MOORE: Well, Your Honor, that's kind of a general question.
   MR. HERBST: It has to be a general answer because people would come in off the street, ask for things to be done
and they'd pay her in cash and the cash would disappear. I don't know what happened to it. I know there was one heck
of a lot of it.
   THE COURT: How do you know that?
   MR. HERBST: Because I watched it go through the building.
   THE COURT: "Go through the building"? You'll have to explain that.
   MR. HERBST: Sometimes I took the cash and put it in the cash drawer for her. The checks went to the Wachovia
Bank, the cash went somewhere else. I've known this has been going on for six years. I put up with it because she was
my wife and I wanted her to feel right at home.
   THE COURT: Okay, you may ask questions about this, but you're going to have to be specific of what you're asking.
Q        (By Mr. Herbst): I need to know where that cash went.
   THE COURT: If you understand the question, you may answer. If you do not, then you'll have to make --
Q        (By Mr. Herbst): Where did you put the cash you took in from Perry Office Supply and from your alteration
business and from Ms. Jones?
A        I paid bills, paid the bills. I can prove that.
Q        I know you can't.
A        Yes, I can.
Q        But you didn't save bills.
A        I saved them.
   THE COURT: Please don't argue, just ask questions, sir.
   MR. HERBST: There's no way of proving anything here on these bills so I can't ask any more questions.
   THE COURT: Very well. Now, do you wish to testify on your own behalf with respect to marital assets that you want
the Court to consider as to distribution?                  At this time, I'll just let you make a statement under oath and then
counsel may inquire further.
   MR. HERBST: I'd like to get back into my home the things she took out.
   THE COURT: Okay, what things are you asking?
   MR. HERBST: There was a stainless steel pitcher I'd like to get back.
   THE COURT: Stainless steel pitcher.
   MR. HERBST: Yeah, a 50 cent item.
   THE COURT: Can you describe it more fully?
   MR. HERBST: It was the kind of thing we used to pour coffee out of in the service. It wasn't worth anything, it was just
a 50 cent thing, a yard sale.
   I'd like to get back the two sewing machines that I paid for.
   THE COURT: They were purchased during the course of the marriage?
   MR. HERBST: Yeah.
   THE COURT: And why do you feel you're entitled to them?
   MR. HERBST: Because I paid for them in total, I paid the total fee for them and I've never got a nickel's worth of work
out of them. She used them to do her sewing work on. I never got anything back for them.
   THE COURT: What else?
   MR. HERBST: I'd like to get back the oil painting that she gave me before we were married. She gave it to me on
March 16th, 1998. It was sent out of Odessa, Ukraine, in the Crimean Ukraine. And the papers indicating when it was
sent are on the back of the frame.
   THE COURT: Okay, what's her response to the oil printing, for instance? Do you know?
   MR. MOORE: Your Honor, we've discussed this oil painting before. It's my understanding from Miss Herbst that it was
her oil painting that she brought over when she came over. I don't know anything about it being a gift. That's something
that I can discuss with her.
   THE COURT: Well, does she wish to retain possession of it?
   MR. MOORE: Do you wish to retain the oil painting or not?
   MS. HERBST: It was done by my art teacher. I asked him, I asked him can I have that. He told me in my eyes, yes,
you can.
   MR. MOORE: Okay, then she would say, yes, she would like to retain it.
   MS. HERBST: That's it.
   THE COURT: Okay, do you have any other questions about that of her about the painting if you'd like to ask
questions about that.
Q        (By Mr. Herbst): She says she brought it with her? Did you say you brought it with you?
A        No, no, no.
Q        No, you didn't. You sent it?
A        Yes.
Q        And when did you send it?
A        It was sent from Odessa.
Q        From Odessa in March?
A        Yes.
Q        The postmarks on the legal papers on the back folder indicate that?
A        Yes.
Q        So it was mine before you got here?
A        You let me have that. You let me have that.
Q        That was before I realized what you'd done here.
A        Okay, now you change your mind again.
Q        I've changed my mind.
   THE COURT: Okay, any other questions about that?
   MR. HERBST: Not about that?
   THE COURT: Okay. Any other else you'd like, marital property?
   MR. HERBST: I'd like to get everything she took out of the house but I won't.
   THE COURT: Well, now's your opportunity to ask about those things, sir.
   MR. HERBST: Well, I'd like to get the waterbed sheets she took because they went somewhere.
   THE COURT: Do you know anything about waterbed sheets?
   MS. HERBST: I never take them. Why I take that sheet, I have no water bed.
   THE COURT: Other questions about that?
   MR. HERBST: There's nothing I can say. She said she didn't take them, I said she did. It's a matter of who you
believe.
   MS. HERBST: Check in the drawer under your bed.
   MR. MOORE: Save it.
   THE COURT: Okay. Any other?
   MR. HERBST: I have nothing. I'm talking to a person who the only way she knows how to do is lie.
   THE COURT: Well, I don't believe you should make comments like that.
   MR. HERBST: Okay, I withdraw it.
   THE COURT: Okay, do you wish to inquire of Mr. Herbst on anything he has testified about?
   MR. MOORE: No, Your Honor. I don't think there's anything to inquire about.
   THE COURT: Okay. And it is your request that Mr. Herbst be required to pay for the attorney's fees and all?
   MR. MOORE: That's correct, based on the fact, Your Honor, when we got into this Mr. Herbst had retained an
attorney with an understanding that it would be resolved very quickly.
   Then for some reason, that changed and we've been inundated with discovery requests that are both procedurally
flawed and directed at opposing counsel individually and everything else. And we've been required to respond to it.
   Therefore, we've been required to request additional fees from our client which we don't think she should bear the
cost of.
   THE COURT: And the outstanding bill for attorney's fees at this time is how much?
   MR. MOORE: 2,750.
   THE COURT: Did she testify to that?
   MR. MOORE: Yes, Your Honor. She testified she originally paid us $750 and then we required an additional $2,000
retainer.
   THE COURT: So the outstanding bill is $2,000? Is that what you're saying?
   MR. MOORE: Yes, the outstanding bill is 2,000, correct.
   THE COURT: She's paid a total of $750?
   MR. MOORE: No, she's actually paid us, she brought in an additional $2,000, too, so she's paid us $2,750.
   THE COURT: Okay, but I wanted to get that clear. So she's paid that?
   MR. MOORE: That's correct.
   THE COURT: Is that correct, Miss Herbst?
   MS. HERBST: (Nodding head affirmatively)
   THE COURT: And do you want to tell the Court in your own words why you feel that Mr. Herbst should contribute to
all or part of your attorney's fees?
   MR. MOORE: Why do you feel that you should have to pay your attorney's fees?
   MS. HERBST: Because I never changed my mind. He wanted a divorce. I gave him divorce. Now he changed his
mind and I must pay. I work hard and I have nothing except my son. That's it. I have no house and, you know, old car
and two sewing machines.
   Okay, if you tell me I need pay, I'm ready, take that money. I divorce him because I need to live normal live. I work
with people in Jewelry Department. I need to be nice and gentle.
   He don't work. He sit all day and do nothing. I need work and I want to live my live like a normal human.
   THE COURT: Mr. Herbst, do you have any questions concerning what the attorney's fees of Mrs. Herbst?
   MR. HERBST: I have no idea what has transpired between Mrs. Herbst and her attorney. I was never appraised of
any monies that went between them or is owed.
   THE COURT: Now, in your petition, of course, your petition was filed on your behalf by an attorney, but in your
petition you made reference to asking the Court for some type of order pursuant to the Florida Landlord Tenant Act. Is
that necessary now?
   MR. HERBST: No.
   THE COURT: All right. Are there any other requests that you have?
   MR. HERBST: I'd like the $50 a week I asked for.
   THE COURT: $50 a week?
   MR. HERBST: Yes.
   THE COURT: For what?
   MR. HERBST: I'm a disabled Veteran.
   THE COURT: Spousal support?
   MR. HERBST: I'm running the risk every day of losing my leg. I got a bad lung. She says I sit around and do nothing.
That's all I can do.
   MR. MOORE: Your Honor, Mr. Herbst filed a petition for support unconnected with the dissolution of marriage which
actually should have been a separate action. It shouldn't be filed with a dissolution action. And I did move to strike it.
   MR. HERBST: In the original thing that Greg Parker sent out I asked for alimony.
   THE COURT: He did.
   MR. MOORE: My client --
   THE COURT: Spousal support.
   MR. MOORE: Well, I think we had requested it also so we would object to any granting of spousal support. My client
works at Wal-Mart at the jewelry counter. I don't believe she has any --
   MR. HERBST: And has alterations and has Mrs. Jones.
   THE COURT: Okay, if you wish to ask questions about it I'll hear at this time specific questions about her ability to
pay and then if you wish to testify further under oath regarding your need I'll hear that at this time.
   MR. HERBST: I don't have any questions of her. I need to tell you why I need that support.
   THE COURT: All right, you're free to testify at this time.
   MR. HERBST: I'm a disabled Veteran. I have a bad leg. I have a bad lung. I'm 40 percent disabled, going on --
they're re-evaluating right now. I suffer from PTS.
   I have pills up there you wouldn't believe. And I can't go anywhere to do anything else. It's just not physically
possible. It's all I can do to get over here today. I get diabetic neuropathy and I don't know if you're familiar with that.
   THE COURT: Yes, I am.
   MR. HERBST: Okay. It's the dying of the nerves and it comes over me like a wave and it get so damn painful you
wouldn't believe it. How am I going to hold down any kind of job?
   THE COURT: All right, sir. Do you wish to inquire about that?
   MR. MOORE: Yes.
ROBERT HERBST,
   having been sworn, was examined and testified as follows:
DIRECT EXAMINATION
   Q        (By Mr. Moore): Mr. Herbst, are you receiving a retirement from the military?
A        Yes.
Q        Do you receive any other form of retirement?
A        I receive Social Security.
Q        Okay. Do you also have a Web site where you sell books and other things like that?
A        Yes.
Q        As long as you've got a typewriter or a computer, you can produce those books.
A        Anybody could produce books, but who buys them? You got to buy them. You got to go to book signings. I can't
go.
Q        Are you prepared to distribute the equity in your retirement to Ms. Herbst for the time that she's been married to
you? Are you prepared to do that today?
A        She already got her half of it. I paid for everything in that household.
Q        Well, during the marriage what you've acquired of marital assets which is distributed, she can actually be asking
for other things in the house, couldn't she?
A        No, she has no right to anything else in that house.
   MR. MOORE: Okay, that's all I have.
   THE COURT: Is there anything else you wish to offer with respect to your request for spousal support?
   MR. HERBST: No, that's enough.
   THE COURT: Okay. Any further evidence?
   MR. MOORE: No, Your Honor.
   THE COURT: Okay, brief argument?
   MR. MOORE: Your Honor, all we're asking for today is the marriage be dissolved. Mr. Herbst can keep what he has.
My client has walked out with what she testified she walked out with.
   We're asking the Court to award at least partial or full attorney's fees to Miss Herbst based on the fact the numerous
requests of things that we've had to do on her behalf based on things filed by Mr. Herbst pro se that were either correct,
incorrect, accurate or inaccurate that we've been required to respond to.
   Miss Herbst does not have the income to pay those fees and Mr. Herbst should bear the burden because he's in a
better financial position to do so. That's all we're asking for today.
   THE COURT: Okay, if you'd like to sum up your position, Mr. Herbst.
   MR. HERBST: It isn't much to sum up, I don't have anything that they could attach. Of course, there are some stocks
that were left in Perry Office Supply that I asked Ludmilla to turn over to me two, three years ago. She didn't do it.
   They are still in the name of Perry Office Supply. There's $1,500 to $3,000, I'm not sure how much is in there. It's all
been in the dividend reinvestment plan for all these years. It's still there, still in Perry Office Supply.
   And I have several Perry Office Supply credit cards that I'd just love to hand over to her because the debt on those
cards were incurred when we were still married.
   The washing machine broke down, the dryer broke down and the dishwasher broke down and they all had to be
replaced and that was not a nickel's worth of help came from her to do it.
   THE COURT: Okay, anything further from either party?
   MR. MOORE: None from the wife.
   THE COURT: The Court, being fully advised, does find that the marriage is irretrievably broken and the final
dissolution of the marriage will be entered. The Court finds specifically that it does have jurisdiction of this cause.
   With respect to marital assets and liabilities, based on the record evidence and the testimony adduced here at this
final hearing, the Court finds that there is no good cause or good evidence shown to make any further distribution of the
marital assets and liabilities.
   Each party will be responsible for their own personal debts, of course, and will maintain possession of the assets that
they are currently in possession of.
   The request for attorney's fees is granted in part, the Court finding that there is a need and ability to pay a portion of
the respondent's attorney's fees and based upon the circumstances surrounding the proceedings here it is appropriate
to award one-half of the attorney's fees assesment to Mrs. Herbst. That would be $1,375. And that should be paid
within six months of today's date and that will be paid to her I believe.
   MR. MOORE: Correct.
   THE COURT: And that should be paid in installments or in a lump sum not later than six months from today's date.
   MR. HERBST: May I ask a question?
   THE COURT: Yes.
   MR. HERBST: Should I be able to find at a later date that she does have considerable assets squirreled away, can I
come back to this Court and request my half?
   THE COURT: I'm going to just refer you to legal counsel about that. I really am not in a position to give you legal
advice about such things.
   MR. HERBST: All right. If I had been granted the --
   THE COURT: I've already ruled that there was insufficient grounds for a continuance. At this time, there's been
inadequate cause shown for a continuance. That's of record. So I can't answer your question that you've just posed.
   MR. HERBST: And may I ask what happens to these credit cards and what happens to the stock that was left in Perry
Office Supply? The credit cards are in the name of Perry Office Supply and I would love to get rid of them.
   THE COURT: Sir, I can not give you legal advice.
   MR. HERBST: So she just keeps the stock and I get stuck with the bills?
   THE COURT: I'm unable to answer your question.
   (Proceedings concluded)

REPORTER'S CERTIFICATE

State of Florida         )
                   )
County of Taylor        )


   I, Connie L. McBride, court reporter, certify that I stenographically reported the foregoing Circuit Court proceedings
and that the transcript is a correct transcription of the proceedings.

           Dated this 21st day of August 2005.


                           Connie L. McBride

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