UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO. 18-16248-MAM

CHANCE & ANTHEM, LLC, CHAPTER 7

Debtor.

_____________________________________/

ROBERT FURR, Chapter 7 Trustee,

Plaintiff,

v. ADV. NO. 19-01298-MAM

JEFFREY M. SISKIND, et al.,

Defendant/ Counter-Plaintiff,

v.

JESUS SUAREZ, et al.,

Counter-Defendants.

_____________________________________/

MOTION TO EXCLUDE EXPERT TESTIMONY OF GREGORY P. EIDSON

COMES NOW Jeffrey M. Siskind (“Movant”) and files this Motion to Exclude Expert 

Tesstimony of Gregory P. Eidson, and states:

1. As part of its expert disclosures, Plaintiff provided Movant with a copy of an 

appraisal report which was prepared by Gregory P. Eidson on March 4, 2020.

2. In his appraisal report, Mr. Eidson attempts to value the property as of December 

31, 2015, December 31, 2016 and July 5, 2017.

3. The report was prepared at the request of Plaintiff by a person with an interest in 

the outcome of this litigation; to provide information which will contribute to a possible finding 

that the Debtor was insolvent in either 2015, 2016 and/or 2017.

Case 19-01298-MAM Doc 300 Filed 05/10/20 Page 1 of 5
4. Plaintiff needs to prove Debtor’s insolvency in order try to claw back transfers 

made by Debtor, and only a low valuation of the subject property which was then owned by the

Debtor will accomplish that task.

5. The appraisal report is grossly inaccurate, as evidenced by the attached appraisal

report which was prepared in 2015 by an arms-length appraisal.

6. The valuation assigned to the property by the arms-length appraiser was 

approximately $2.6 million, as opposed to Mr. Eidson’s valuations which are all inexplicably $1 

million less that the valuation placed on the property at the time in question. The 2015 appraisal 

is attached as “Exhibit A.”

7. Mr. Eidson also failed to evaluate several more appropriate comparable properties 

which were exchanged at arms-length at approximately 2105, all of which were located on the 

same street or elsewhere in the subdivision where the subject property is located, which also 

show that the Eidson valuation is extremely low. The deeds and Palm Beach County property

appraiser summary pages for these properties are attached as “Composite Exhibit B.”

8. The Eidson appraisal report also wholly ignores the last arms-length approximate 

$2.6 million sale of the property in 2005, and make no effort to assess the market to equate

Wellington real property values in 2005 versus 2015. These inquires would be appropriate in 

determining a value based upon the apparent condition of the improvements to the property

which were supported by photographs provided by Mr. Eidson and that fact that the property was 

occupied immediately after it was acquired by the Debtor.

9. While expert testimony is permissible if a witness is “qualified as an expert by 

knowledge, skill, experience, training, or education,” the proffered testimony must meet four 

requirements: (1) the expert’s scientific, technical, or other specialized knowledge will help the 

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trier of fact to understand the evidence or to determine a fact in issue; (2) the testimony is based 

on sufficient facts or data; (3) the testimony is the product of reliable principles and methods; 

and (4) the expert has reliably applied the principles and methods to the facts of the case.

10. Here, as evidenced by the attached materials, Mr. Eidson failed to base his 

appraisal report on sufficient facts or data and did not use reliable principles and methods 

because he chose to ignore pertinent facts and therefore could not apply principles and methods 

fairly. See Fed. R. Evid. 701.

11. As an alternative to excluding Mr. Eidson’s testimony, Movant requests that the 

Court permit said testimony to be refuted by lay testimony, or extend the deadline for disclosing 

experts so that Movant can furnish an expert to refute Mr. Eidson’s flawed report. See Fed. R. 

Evid 701.

WHEREFORE, Movant requests that the Expert Testimony of Gregory P. Eidson be 

excluded or that the Court permit lay testimony to refute Mr. Eidson’s expert testimony of permit 

additional time to furnish an expert to provide a report which refutes Mr. Eidson’s findings.

S I S K I N D L E G A L, P L L C

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

1629 K Street, Ste. 300, NW Washington, DC 20006

--------------------------

113 N. Monroe Street, 1st Floor Tallassee, Florida 32301

------------------------------

3465 Santa Barbara Drive Wellington, Florida 33414

TELEPHONE (561) 791-9565 FACSIMILE (561) 791-9581

Emails: jeffsiskind@msn.com & jeffsiskind@gmail.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on 

May 10, 2020 upon all creditors and parties in interest registered to receive electronic 

notification on this case via the Court’s Case Management/Electronic Case Filing System 

and/or email as reflected on the Service List below. 

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

Case 19-01298-MAM Doc 300 Filed 05/10/20 Page 4 of 5
SERVICE LIST

John H. Genovese, Esq. Florida Bar No. 280852 Jesus M. Suarez, Esq. Fla. Bar No. 60086 

GENOVESE JOBLOVE & BATTISTA, P.A. 100 S.E. 2nd Street, Suite 4400 Miami, FL 33131 

Tel.: (305) 349-2300 Fax.: (305) 349-2310 Via email to jgenovese@gjb-law.com and 

jsuarez@gjb-law.com (Counsel to the Chapter 7 Trustee)

Samantha Tesser Haimo, Esq. com Florida Bar No. 148016 7900 Peters Road, Suite B-200 Fort 

Lauderdale, FL 33324 (954) 376–5956 - Telephone (954) 206-0188 – Facsimile Via email to 

sth@womenatlawfl. (Counsel for Defendants OB Real Estate 1732, LLC, Wellington 3445, LP 

and Zokaites Properties, LP)

Jeffrey M. Siskind, individually 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to 

jeffsiskind@msn.com

Siskind Legal Services c/o Jeffrey M. Siskind, Managing Member 3465 Santa Barbara Drive 

Wellington, FL 33414 Via e-mail to jeffsiskind@msn.com

Tanya Siskind, individually 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to 

philip@philipharris.com

Second Siskind Family Trust c/o Tanya Siskind, Trustee 3465 Santa Barbara Drive Wellington, 

FL 33414 Via e-mail to philip@philipharris.com

CannaMed Pharmaceuticals, LLC c/o Jeffrey M. Siskind, Managing Member 3465 Santa 

Barbara Drive Wellington, FL 33414 Via e-mail to philip@philipharris.com

Sovereign Gaming and Entertainment, LLC c/o Jeffrey M. Siskind, on behalf of William 

Siskind, deceased 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to 

philip@philipharris.com

Florida’s Association of Community Banks and Credit Unions, Incorporated c/o Jeffrey M.

Siskind, President 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to 

philip@philipharris.com

Sympatico Equine Rescue, Inc. c/o Jeffrey M. Siskind, President 3465 Santa Barbara Drive 

Wellington, FL 33414 Via e-mail to philip@philipharris.com

Frank Zokaites, 375 Golfside Road, Wexford, PA 15090, Via e-mail to frank@zokaites.com

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