Robert John Kayian, Transferee - Page 20

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               Although Ms. Livingston had agreed to have Mr. Lanier serve            
          as personal representative of Mr. Kayian, Sr.'s estate in the               
          probate proceeding involving that estate, he was not appointed as           
          such because Mr. Kayian, Sr.'s family was unable to agree on how            
          to handle that estate.  On December 10, 1993, Ms. Livingston was            
          appointed personal representative of Mr. Kayian, Sr.'s estate.              
          In January 1994, probate of the intestate estate of Mr. Kayian,             
          Sr. began (probate proceeding) in the probate division of the               
          13th Circuit Court (Probate Court).  David M. Carr (Mr. Carr), an           
          attorney, represented Ms. Livingston both in her capacity as                
          personal representative of that estate and in her individual                
               At some undisclosed time prior to January 4, 1994, the two             
          Key West condominiums that Mr. Kayian, Sr. had owned were at risk           
          of foreclosure because the mortgage loans thereon were in de-               
          fault.  A final judgment of foreclosure dated November 21, 1994,            
          was entered by the Circuit Court of the 16th Judicial Circuit in            
          and for Monroe County, Florida, with respect to one of those                
          condominiums, and a supplemental summary judgment of foreclosure            
          dated January 8, 1996, was entered by that court with respect to            
          the remaining condominium.                                                  
               By letter dated February 1, 1994, to John P. Holsonback, an            
          attorney representing Mr. Kayian, Jr. in the probate proceeding,            
          Mr. Carr, inter alia, made a formal demand that Mr. Kayian, Jr.             

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