“Routine” in Foreclosure Lawsuits
I recently had a hearing on my client’s motions to compel discovery before Judge Rondolino in St. Petersburg. When nobody appeared for Plaintiff, the judge was courteous enough to call Plaintiff’s counsel. Finally, a lawyer for the plaintiff got on the phone, but he was obviously unfamiliar with the file and unprepared to argue. Incredibly, he tried to suggest my clients’ motions should be denied (even without knowing what the motions were about) because foreclosure cases are “routine.”
The judge’s response? This written Order, where the judge rescheduled the hearing but required Plaintiff’s corporate representative and plaintiff’s counsel to personally attend. Oh, and there’s this little nugget to dispel counsel’s argument that foreclosure cases are “routine”:
Mark StopaThough [plaintiff's counsel] argued that foreclosure cases are often “routine,” the only thing the Court finds “routine” is the banking industry’s failure to comply with discovery in foreclosure cases and its failure to attend duly-noticed hearings.
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Does anybody really believe that a “corporate representative of Plaintiff” is going to be at the continued hearing?
If it were me, I would demand proof that they have the authority they claim to have, and I would coordinate that with opposing counsel prior to the hearing (noticing the Court on that demand).
By the way, the Judge had no authority to continue (or reschedule) the hearing absent a written and signed Motion for Continuance. Just one more way in which Florida Judges are prejudicial to Defendants.
What would have happened if Defendant’s attorney did not show? The fact that the Courts don’t allow for Defendant’s attorneys to appear telephonically should answer that question.
Shhh … I’ll save the issue of the authority of the corporate rep. for the hearing.
I saw this first hand for myself. Hi Mark, I have a really long story I wont bore you with, and I have an attorney I am keeping a close eye on, but I went to one of our hearings, and no lawyers showed up but plaintiff’s lawyer was on phone. when I called my lawyer and told him I went to hearing, it sure put a fire under his arse! He has been trying to stall but I am fed up, and the judge just kept handing out sale dates for people’s houses even with a few sitting right there in the courtroom! I was so disgusted. We are staying in our house until they kick us out!
Maria,
Everyone makes mistakes, and I’d like to think your lawyer not attending your hearing was some sort of oversight or calendaring error.
That said, I’d be nervous if my lawyer didn’t attend a hearing (at least via phone).
Good luck.
Mark