Every indexed document

depositions attached to this memorandum will be identified numerically as attachments #1

what Edwards learned in the course of his

Epstein invoked his Fifth Amendment right to

thereby thwarting the defendant's defenses."" Rollins Burdick Hunter of

436 So. 2d 1099 (Fla. 4th DCA 1983)). Put another way

using the fifth amendment as both a 'sword and a shield.'""

a person may not seek affirmative relief in a civil action and then invoke the

Epstein could not seek damages from Edwards while at the same time asserting a

Epstein's multiple invocations of his Fifth Amendment Privilege results in

Epstein cannot rely upon the referenced public documents to support his claims

including the Scherer Complaint against Rothstein is unavailing. As discussed

2012 denying Motion to Dismiss re: Issue of Bonafide Termination attached as

the manner of termination reflects on the merits of the case

it is evident that Epstein took voluntary dismissal of his claims because he knew he did

Epstein effectively conceded that fact by voluntarily dismissing his

then there has been an abuse of process."" Id at 752.

and this was done without any reasonable justification under law and

the court stated that ""if there was no reasonable basis in law and fact to bring the

supra in which the court reversed the entry of summary

111C. 387 So. 2d 377 (Fla. 3d DCA 1980)).