03x31 - Florida Heartbreak

[bunniefuu]

We were not getting along.

-That is not true, Your Honor.
-You would go out with friends.

He said, "I want you home by 11:30."

Correct. I got a curfew.

He actually locked me out of the home,

and that's why I had to get out.

Not at all.

[announcer]
This is Judy Justice.

[dramatic music plays]

Mario Curiale

is suing his ex-fiancée,
Diedre Ann Weiser,

for stolen property and unauthorized
credit card charges.

[Kevin]
Court come to order. All rise!

Have a seat, please.

Hello, Judge. Case 3062,

Curiale versus Weiser.

-Thank you.
-You're welcome.

Mr. Curiale, you
and the defendant met in 2020?

-Yes.
-She was living in Ohio...

with her son, correct?

-Yes.
-He's a young teenager.

-Fourteen.
-And...

after you met, you decided
that it would be

right for the two of you
if Miss Weiser and her son

moved in with you,
relocated to the state of Florida.

-Yes.
-And when did that take place?

I believe, after we met,
within three or four months,

she moved down to Florida.

What month and year would that be?

It had to be before school year.

Could be September...
I mean, when is school started?

-When does school start, I... that's...
-September, 2020. Something like that.

This was... We were during
a pandemic year. 2020.

-So, I-I believe it was the fall of 2020.
-Is that right?

August of 2021.

Oh. I missed a year.

-August of 2021.
-Correct.

And when did you leave the house?

-When did you leave?
-Ohio, or...?

-Florida.
-I left Florida March 12th of 2023.

How did you get from Ohio to Florida?

My son and I flew on a plane to Florida.

Did you have a residence in Ohio?

-Yes.
-What did you do with that residence?

I kept that residence.

And you returned to that house?

I have returned to the house

numerous occasions,
for holidays and things.

But when you left the house
ultimately in March of 2023,

you went back to that house.

No. I stayed in Florida.

-Where you decided to relocate.
-Correct.

I had already changed
my residency to Florida,

and I have a nursing license
in Florida as well,

so I was choosing to stay in Florida.

Okay. And when you left
in March, where did you go?

So, I went to a friend's place

that offered me and my son a room...

-at his home.
-And...

how long did you stay there?

I'm still there.

And is this a friend that you met
while you were living with the plaintiff?

Correct. He left on Sunday
to go to Maryland...

No, no. This is a friend that you met
while you were living with...

-Correct.
-...the plaintiff.

-A male friend.
-Yes.

So, you've been living with him
for approximately six months.

-Correct.
-In what kind of place?

-A condo.
-Now, from August until March...

when you left, what kind of
work were you doing?

I was working, when I moved to Florida,

I worked with Mario
in several of his businesses.

So, he had a bar on Marco Island,
Mario's Neighborhood Bar and Grill.

I managed it. Cleaned it.
Shopped for the bar.

And then I also did some sales tax

and things for his building supply,
so I was working with him.

-Were you paid a salary?
-Yes.

Were you on the books paid a salary?

I would assume so.
I just received a check.

-You got a check?
-Yes.

-Okay. Every week? Every two weeks?
-Every two weeks.

And what was the check?

One thousand, one hundred,
and some change.

-Did you have a car?
-Yes. I had a-a Jeep.

Did you have that shipped,
or did you buy it?

I bought the Jeep.

-In Florida.
-Correct.

Was it new or used?

-New.
-Did you buy it...

Your Honor.

Okay. I'm sorry.

Did you buy it for cash,
or do you have a loan on it?

I do have a loan on it, and he was
making the car payments.

Who put down the down payment?

I believe Mario did.

Who paid for the insurance?

-Mario did.
-In whose name is the car titled?

-Me.
-Yours?

Diedre Weiser, yes.

Who pays for the insurance now?

I do, and my fiancé does.

Oh. So, the person that you're
living with now is a fiancé.

-Correct.
-Okay.

So, you pay for it.

-Yeah.
-Mario does not.

-Correct.
-And who pays for the car note?

He does. My fiancé.

And what kind of work are you doing now?

I did have a nursing job,

but because of the type
of career that he has, we travel,

so I am working with him.

So, you're not working.

-Correct.
-Which is why he's paying those bills.

-Correct.
-Sort of like Mario was doing...

when you lived with him.

-Correct.
-This is what your case is about, sir.

You claim that you went away on business,
I assume for a few days.

And when you came home,
the defendant was gone.

And she took with her
several items that belonged to you,

which you want back, and

that she also charged an expensive
bag on your credit card,

which she had no authority to do.

Those are the things that you want.

-Is that right?
-Yes.

So, you want to tell me, Miss Weiser,

what items you took from the home
when you left.

You acknowledge you took
some items from the home,

and I get the sense from your answer

that you did not purchase those items.

He did, but they were extra items,

at least some of them were extra items
that he has no use for,

that he had maybe duplicates of.

So, I'd like you to tell me what you took.

Absolutely. So, when I moved here,
I left my job as a nurse.

-I don't want a whole story.
-Okay.

I want to know what it is you took.

-Bed linens.
-When you left. Bed linens.

-Set of towels.
-Shh. Bed linens.

-How many sets of bed linens?
-One king set.

So far, is that correct?

-Yes.
-What else did you take?

-A set of towels.
-Set of towels.

-Bath?
-Yes. So, a washcloth...

Just one set?

So, it was a total of three sets.
So, three towels, three washcloths...

Okay, so you took three sets of towels.

-Yes.
-Correct?

-Correct.
-What else did you take?

I took a set of silverware.

Set of silverware. Is that correct, sir?

-Yes, ma'am.
-What else?

-A toaster.
-Correct?

-Correct.
-And a pizza pan.

Yes. What else?

-I believe that's it.
-Anything else that she took?

Well, she took a lot of the stuff

that she actually bought
for decorated the condo.

-Just a second. That she bought?
-With my credit card.

[dramatic music plays]

Are you telling me the toaster oven
had not been used?

-Never been used.
-Is that correct?

It's brand-new item bought for the condo.

All in the box, everything got stolen
at the same time.

So, you just took these brand-new items
and took them with you.

-Correct.
-You can't do that.

[dramatic music plays]

[dramatic music plays]

Mario Curiale claims his ex-fiancée,

Diedre Ann Weiser,

stole expensive
belongings when she moved out.

Okay. Give me an example,
other than these things.

-Mmm-hmm.
-What else?

Well, I'm kind of really
all over the map right now.

-If you'll speak...
-I don't want you to be all over the map.

I have limited time, less patience.
What else did she take?

Okay. She took a lot of stuff in there

which I have no way
for me to identify what they are.

I only think I have, like,
a credit card statements...

that tells how many times she purchased
an item which I'm not aware of.

-I'm not getting involved with that, sir.
-I'm not aware of.

-What else?
-The main thing that she bought...

which I never authorized that
was a Gucci bag.

-Okay.
-Okay.

Shush. Just a second.

How much was the Gucci bag?

The Gucci bag was twenty...

twenty-two hundred dollars.

-When was it purchased?
-It was purchased... Let me see...

January 6th, 2023.

And two weeks prior, I spent
$30,000 for an engagement ring.

So, why do you need a Gucci bag?

-Just a second.
-Don't make any sense to me.

Mr. Curiale, the defendant left...

-in March.
-Correct.

-March what?
-'Twenty-three.

March 13th was the date that I actually...

So, you would have received, sir,

the bill from the pocket book
in February.

The latest, the beginning of March.

-When she was still there.
-Correct.

-Did you have a conversation with her...
-Yes, I did.

Just a second.

When she was there, did you
have a conversation with her

about the Gucci bag?

After she bought the Gucci bag,
I said, "Why did you buy the Gucci bag?"

-Just a second.
-Go ahead.

You weren't with her
when she purchased it?

-No.
-Okay.

Were you aware, the date that
she purchased it in January...

-that she had purchased it?
-No.

No. When the first time was it that you
became aware that she purchased it?

-When I receive the statement.
-The statement.

A month later.

Fine. So, that was within four weeks.

-Then you had a conversation with her.
-That's correct.

-Okay. Just about the Gucci bag?
-Just about the Gucci bag.

Okay. And tell me
what the conversation was.

The conversation was,
"I cannot believe you go ahead

and spend another $2,200
for a Gucci bag when I spent


right around Christmastime.

We just got engaged two days
before Christmas.

Then she went on a shopping spree to buy
all the other knicks and knacks,

which I had no idea of.

-Okay.
-Until I receive the statements...

in my hands.

-We're talking about the Gucci bag.
-Right.

Okay. And what was her response to you?

Her response to me says, "I didn't thought
there was anything about that.

I just did it."

That's what her response was.

Not that anything says
I'm sorry or whatever.

Gucci bag. Let's go.

So, I have, um, evidence here of the date
that I had text him and asked him

if I could get the Gucci bag.

Christmas Day, I had bought him,
like, 25 gifts he opened,

and he bought me nothing.

-And so, we were talking...
-When did he give you the engagement ring?

He gave me the engagement ring
December 22nd.

Okay. Well, that's a couple of days
before Christmas.

What happened to the ring, by the way?

-I returned that to him.
-Good.

-Okay. Can I see the texts that you have?
-Yes.

Well, you told him
you were going to buy it.

I don't see where he said it was okay.

Correct. He didn't respond, and then
I went into the building supply...

I was still working for him...

and asked him, and he said,
"If that's really what you want."

And I said, "Yes." And so,
he didn't respond in a text message,

but he did respond when I went
to the building supply.

And when it was delivered,
which was January 11th,

I actually took the box that it came in,
plus it was beautifully wrapped,

and opened it in the building supply
in front of him.

And he even joked around
with some of the bar staff...

because I was still managing it...
that I had bought it.

So, I did open it in front of him
at the building supply,

and he did joke about it quite a bit.

That is not true, Your Honor.

Not at all.

Well, Mr. Curiale, you had several options

because she did open it in front of you.

-She did not.
-She did not?

So, you're saying you
did not know about this bag.

And I still don't know now.

Well, you know about it now...

I know the bill. I don't see the bag.
I don't even know what the bag looks like.

Well, no, you got a text
of what the bag...

-Ma'am...
-No. Listen to me...

The bag she show today is $1,100.
This bag is almost $2,200.

-It doesn't say a price on it.
-Okay.

-The bag that she texted you...
-I never saw that bag.

-Okay. Good.
-Never.

I have another question.

Miss Weiser,
this whole transaction

took place in January.

You moved out, with your son, in March,

and you moved into a home

with a man who is now your fiancé.

-Correct.
-Okay.

I'd like to know when you met him.

Mario left March 12th

for Maryland to get some equipment
that he had.

I met him March 12th, on the island,
at a country concert.

He was made aware
of my situation at that time.

He had just moved into a condo,
had two spare bedrooms.

I had been seeking shelter,
women's shelter at the time, and so...

Let me ask you a question.

So, because I see from
the complaint and answer

that there was some issue
with your comings and goings...

-and him.
-Correct.

You would go out with friends
and stay out late,

and he didn't like that.

Actually, according to you,
and he doesn't deny that,

he said, "I want you home by 11:30."

Correct. I got a curfew.

Well, depends upon how often you're out

until 11:30.

My son was in Ohio
on spring break at the time,

so I did take the opportunity,
and we were not getting along,

to go out with friends on the island.

And also, Mario was out late
because he does own a bar.

Last call's at one, close by two.

The bartenders
usually got out around three.

So, he came in
at very late hours himself.

So, yes, I did take the opportunity to
go out while my son was spring break.

Okay. Now, the plaintiff gave you
a credit card at some point

in your relationship. When was that?

That was after you moved to Florida.

Right after you moved to Florida?

Yes. Because I was also purchasing

our home groceries on that.
I purchased...

-Okay.
-the bar supplies...

-So, you purchased the bed linens?
-Correct.

-You purchased the set of towels.
-Correct.

-You purchased the silverware.
-Correct.

-You purchased the toaster.
-Yes.

-And you purchased the pizza pan.
-Yes.

-Which you took with you, correct?
-Correct.

-And the bag, all on his credit card.
-Correct.

And is it accurate that,
based upon these items...

most of them, as opposed to the Gucci bag,

would be considered necessaries?

-Yes.
-And was that the condition...

upon which he gave you the credit card.

Because, if it was not,

then you wouldn't have asked him
permission to buy the bag?

[dramatic music plays]

-Do you want me to say goodbye to you?
-No.

-Then I want you to look...
-Okay.

at your bills and tell me
what the bed linens were.

I am a man.
I never bought sheets before,

I never bought linen before,
I never bought towels before.

[dramatic music plays]

[dramatic music plays]

Mario Curiale has accused his ex-fiancée,
Diedre Ann Weiser,

of stealing his personal property.

Was that the condition upon which
he gave you the credit card?

Correct. He had asked me to get things
for the condo that he'd purchased for...

-all of us to live in.
-Right.

But it would be accurate that

because you didn't have
permission to buy luxury items

for yourself on this credit card,
you asked him permission...

-Correct.
-...to buy it.

Well, there's nothing here that
demonstrates to me

that he gave you permission
to buy that luxury item.

There's also nothing to suggest that you
had the right to take the bed linens,

set of sheets, silverware, toaster,
or pizza pan.

You had no right to take those things.

And you took those things
in March of this year.

-Correct.
-Okay. Do you want them back?

I think she use them already
with the new environment.

She used them before...
she used them before...

They were never used. They were
still in the box, still in the bags.

-They were brand-new items...
-Just a second. Don't speak, sir.

Are you telling me the toaster oven
had never been used?

-Never been used.
-Is that correct?

It's brand-new item bought for the condo.

They all in a box. Everything
got stolen at the same time.

So, you just took these brand-new items
and took them with you?

-Correct.
-You can't do that.

He called the cops on me
and tried to have me removed

while my son was gone.

He actually locked me out of the home,
our home, for two years.

And I had to lift the garage,
which I have a picture of,

and then the very next night,
called the cops

because he didn't want me in our home,

and that's why I had
to immediately get out.

That doesn't mean you take items
that don't belong to you.

-Just...
-Go ahead. I would like to...

If it doesn't appear as if you're losing,
why do you want to contribute to anything?

I was going to mention something else.

Oh, go ahead. Sorry, Your Honor.

Perfect. Because you're moving out...

doesn't mean you're permitted to take
things that don't belong to you,

that you didn't pay for.

It also didn't give you license,
he didn't give you license,

to buy this luxury item.

I mean, I think it's unfortunate.

I think that the plaintiff
is more angry

about the situation
than he is about these items,

but he has a legitimate complaint.

And, so, sir, what I want you to do

is add up the items,
and I'm going to give you

a very short time to do that.

When I say a short time,
I mean like a minute.

-Eight thousand, one hundred...
-No, no, no, no, no, no, no.

-Add up the following items.
-Oh, the following items. Go ahead.

Bed linens.

Three sets of towels.

The silverware, the toaster,
and the pizza pan,

plus $2,200 for a Gucci bag.

-All linen?
-That's it.

Okay. All linen, about $2500.

The Gucci bag, $2,200.

Towels and all accessories,
another $2000.

-I, just a second...
-So, the total $7500.

-Do you want me to say goodbye to you?
-No.

-Then I want you to look...
-Okay.

...at your bills and tell me
what the bed linens were;

what the set of towels were, times three;

silverware, toaster, and pizza pan.

Make a check mark
and add up those things.

Your Honor, I am a man.

I never bought sheets before,
I never bought linen before,

I never bought towels before.

So, all the receipts that I have,
all I highlighted here

does show all the items
that she purchased.

Did you understand what
I just said to you?

-Yeah.
-What I just said to you was...

you're going to be reimbursed
for those items.

-Yeah.
-Add up those items.

If there's anything else on your list

that is not in the items
that I just mentioned...

bed linens, towels, silverware,
toaster, and pizza pan...

I'm discarding all of those items,

and I'm just going to
reimburse you for the pocketbook.

-Do you understand?
-Okay.

-The linens...
-Perfect!

-Linens. How much?
-$1500 for the linens.

-Show me.
-Because...

Show me. Show me!

I, honestly, Your Honor, okay...

-I'm not...
-Prepared. Then I'll give you time.

-prepared for me...
-Then I'll give you time.

to show you the linen and the towels

because they're all
on the Amazon here.

Then you're not prepared for this case.
I'm not giving you...

Well, I can give you the highlight
that shows here what was taken.

The only thing that I'm reimbursing
you for were the bed linens,

three sets of towels, silverware,
toaster, and a pizza pan.

And if you can't identify how much
those things cost, which is...

-[indistinct remark]
-Which was part... Listen.

I don't live with you, sir,
and you don't support me,

so you've got to listen.

Go ahead.

That's part of your proof,
not what she purchased.

She had your permission
to purchase a lot of things.

Everything that wasn't an essential.

She did not have permission
to take those things.

If you can identify those things
and tell me how much they cost,

I will reimburse you for those things
because they were in boxes,

which she acknowledges.

And I assume now have been used.

-Correct?
-Correct.

If you cannot tell me
how much they cost,

I'll issue a judgment in your favor
for $2,200 for the Gucci bag.

Do we understand each other?
Don't say a word.

That's my ruling.
Now you have one minute...

-Correct.
-...to either identify those things...

or say I can't. That's your
burden of proof, sir, not mine.

Besides the linen, she utilize Venmo.

I don't even know what Venmo is.

$2,200. Judgment for the plaintiff.
We're done. Thank you.

This court is adjourned.

[dramatic music plays]

Maybe it's fair, but this was
all part of control for him.

No, that is not true at all.

She's nothing more
than a pathological liar.

I'm happy to, you know,
do what she asks

and pay him back for the bag
that was purchased.

But he did know about it,
and he did agree to it.

The financial and the heart.

The reason why,
because I cared for the kid.

I cared for her more than anybody
will care for her ever again.

It's sad, but now we get to move on.

So, we are men.

I don't want to say it on TV,
but we are very gullible.

It was a great Gucci bag.

But, sh**t, if he wants it,
he can have it too. I don't care.

I felt a little bad for that plaintiff.

I mean, he proposed
right before Christmas,

and by his account February,
her account March,

she was seeing someone else,
and moved out,

and got engaged six weeks later
to someone new

after seemingly making
her life very comfortable.

Giving her a credit card, a house, a car,

saying, "Go buy things
to make a house a home."

So, I understand why he's bitter,

but you still have to come with receipts,

even if you're a man who's never
bought linens before.

He was very generous.

From the paperwork,
he is 25 years her senior.

-Sometimes that works out.
-Sometimes it doesn't.

And sometimes not.

-He'll be smarter the next time.
-Hopefully.

[dramatic music plays]

Have you been cheated?


[end theme music plays]