Archive for July 11th, 2013

Who’s Laughing Now, Banksters?

I had a trial on June 10, 2013 in Sarasota.  I was one of 118 cases set for trial that morning, all at the same time, all before the same judge.  I lost.  I was very frustrated, not only at the result, but because I felt like I was not treated in a respectful manner.  Not reading my case law?  Asking me “You like to hear yourself?”  Then, when I moved for a stay pending appeal, it was denied – without a hearing.

The banksters thought it was just hilarious.  Remember, there were 118 cases set all at once, so the courtroom was full of plaintiffs’ attorneys against whom I often litigate these cases.  They’ve been chatting about it, amongst themselves, ever since.

With all due respect to the lower court judge, I was confident the ruling was wrong.  So I filed this Emergency Motion for Review of Order Denying Stay Pending Appeal in Florida’s Second District Court of Appeal.  Today, I received this Order Granting Stay Pending Appeal from the Second District.  Foreclosure sale cancelled.  Stay pending appeal granted.  Where the lower court did not even give me a hearing on my motion for a stay, the Second District took just one day after the plaintiff filed its Response to grant the stay.

It goes without saying, of course, that the Second District must think my appeal has some merit, as the “likelihood of prevailing” is one of the requirements for a stay.

So who’s laughing now, banksters?

Laughing aside, it didn’t have to be this way.  Hopefully, the banksters learn a lesson here.  I won’t win every case, of course.  But as this transcript shows, I’m going to fight for my clients.  And if I lose, and I don’t think I should have, you might find yourself facing something like this and this.  Something to think about the next time you laugh, or the next time you turn down one of my clients’ reasonable settlement proposals.


Mark Stopa

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