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Archive for March, 2016

Jurisdictional Brief on 559.715 in Florida Supreme Court

As I recently explained, the Second District issued a published decision certifying the question of whether Fla. Stat. 559.715 is a condition precedent in a mortgage foreclosure case to the Florida Supreme Court as an issue of great public importance.

When that happens, the Florida Supreme Court doesn’t automatically take the case.  Instead, the judges meet and decide whether to do so.  In this situation, i.e. when the DCA certifies a question to the Court for review, parties aren’t required to file a brief on jurisdiction (and, depending on who you ask, aren’t supposed to file such a brief), as the Court can simply review the published opinion and decide whether to take the case.

But you know me.  🙂

The Florida Supreme Court is currently deciding whether to take this case … on 559.715, the issue I’ve worked so hard on for so many years.  As the Court makes this decision, there are some things I just have to make sure the judges know.  So I am filing this Jurisdictional Brief, my final effort to get them to take the case.

I doubt the Florida Supreme Court has seen many briefs like this, setting forth my own experiences without case or record citations.  I can see the banksters trying to argue it’s not an appropriate filing.  But it’s an honest filing, and at least now, no matter how the Court rules, I’ll know I emptied all the bullets in the chamber on this issue.  🙂

Mark Stopa

www.stayinmyhome.com

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Judge as Impartial Arbiter

This case was over.  Deutsche failed to meet its burden of proof, and an involuntary dismissal was required.  The presiding judge knew it and admitted as much yet refused to rule accordingly.  Instead, the court took a recess, went to its Chambers, sua sponte conducted a Google search to procure the missing evidence for Deutsche, resumed court, handed the internet printout to Deutsche, suggested Deutsche re-open its case, admitted the printout into evidence over objection, and used that internet printout as the basis for its ruling. 

Those facts sound impossible to believe, right?  That couldn’t happen in a Florida courtroom, could it?  Unfortunately, that’s an excerpt from the appellate brief I’m filing today.

Some will question my paraphrasing of the facts, so take a look at the brief for yourself:  it includes a verbatim cut and paste of the trial transcript reflecting these events.

I’ll refrain from commenting about the propriety of these events here.  You can read the brief and see what I think of this case.

Mark Stopa

www.stayinmyhome.com

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