Professional Documents
Culture Documents
Defendants.
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this Court to provide dates and times for an upcoming hearing which coincide with the Court’s
normal business hours. In support of this motion, the TROTMANS state as follows:
I. Introduction
This is a foreclosure action in which Plaintiff, THE BANK OF NEW YORK MELLON,
The BANK filed an assignment of mortgage executed January 19, 2009. However, this
case was filed months earlier, on November 4, 2008. Plaintiff put an “effective date” on the
assignment which alleged that the mortgage was actually transferred two years earlier, in
November of 2007. The TROTMANS requested discovery from the BANK, seeking any
evidence the BANK would rely on at an evidentiary hearing on the issue of whether the BANK
obtained an interest in the subject note or mortgage at the time this case was filed.
At the hearing on the BANK’s objections to the TROTMANS’ discovery, the Court ruled
that, pursuant to WM Specialty Mortgage, LLC v. Salomon, 874 So.2d 680 (Fla. 4th DCA 2004),
the TROTMANS were entitled to an evidentiary hearing on the issue of whether a transfer
occurred prior to the filing of the complaint. 1 The Court asked the TROTMANS’ counsel to
When the TROTMANS’ counsel was provided with prospective dates and times for the
evidentiary hearing, all would have the hearing begin 5:00 p.m. The Court’s Judicial Assistant
refused to provide dates for which the hearing could be held during the Court’s normal business
hours.
1
See Transcr. Of Hrg. On Pl.’s Obj. to Defs.’ Discovery, January 28, 2010, Exhibit A, p. 54.
2
Id.
2
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
The Court hours, as posted on the 15th Judicial Circuit’s website are 8:00 a.m. through
5:00 p.m. 3 See also, Administrative Order No. 11.108-09/08 (In Re: Duty Judge/Emergencies)
The scheduling of the hearing after hours in this case is not an isolated event. The Court
Beach County), January 21, 2010 (judge scheduled evidentiary hearing at 5:30
p.m. that same day, then rescheduled the evidentiary matter, along with all
the hearings again to begin at 4:30 p.m. upon being advised that argument would
take 90 minutes);
• Taylor, Bean and Whitaker Mort. Corp. v. Hess, Case No. 50 2008 CA
• U.S. Bank Nat’l Assoc. v. Wodehouse, Case No. 50 2008 CA 026320 (Palm Beach
In the latter case, Counsel for Defendant Wodehouse objected to having a hearing after
normal business hours, to which the Court responded that the time period between 5:00 to 5:30
THE COURT: Let's do that. Tuesday the 2nd, Michele, 5:00 to 5:30?
3
Exhibit B.
3
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
* * *
THE COURT: It's not after office hours, 5:00 to 5:30. I work every night till
midnight at home. I'm here till 6:00, 7:00 at night. 5:00 to 5:30 is not after office
hours. 4
The Judge’s comment that the Foreclosure Division requires the judge to work until 7:00
p.m. and until midnight every night is a reflection of an extraordinary large case load that –
despite a prediction to the contrary in an October 14th letter from the Foreclosure Division
judges to the Florida Supreme Court – has continued to grow from 47,000 5 to 55,000 cases. That
the Court is overworked has been a theme during many of the hearings attended by undersigned
counsel:
11/10/09 Deutsche Bank National Trust Company THE COURT: … As you gentlemen know, I
v. OBrien, Case No. 50 2008 CA start at quarter to 8:00 o'clock in the morning.
018964XXXX MB (Palm Beach County)
Last Friday I was here until 7:00 o'clock at
night. I'm the only judge who was running
court until 7:00 o'clock at night. So I'm hearing
these cases. I am working night and day. I am
working seven days a week. I am getting these
cases heard. (p. 7)
11/25/09 The Bank of New York Mellon v. Chang, THE COURT: … I apologize for reading this
Case No. 50 2009 CA 000354XXXX MB late. I have 50,000 cases and I try to read
(Palm Beach County)
everything I can. (p. 8)
4
Transcript of Hearing Before the Honorable Meenu Sasser, February 17, 2010, pp. 9-10.
5
Letter dated October 14, 2009, re: Response to the Report of the Supreme Court Task Force on
Residential Foreclosures, p. 3.
4
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
1/20/10 Wachovia Bank, N.A. v. Brown, Case No. THE COURT: … I was up until midnight, Mr.
50 2009 CA 003005XXXX MB (Palm Immel, midnight, after being on the bench all
Beach County)
day. I read everything. (p. 15)
1/21/10 LaSalle Bank N.A. v. Glarum, Case No. THE COURT: I have 54,000 cases. (p. 4)
50 2008 CA 028930XXXX MB (Palm
Beach County)
1/25/10 Wachovia Bank, N.A. v. Brown, Case No. THE COURT: And I'm setting hearings, as a
50 2009 CA 003005XXXX MB (Palm courtesy, at 5:00 o'clock, because I do have
Beach County)
54,000 cases and I don't want you guys to have
to wait till May for hearings. (p. 40)
1/25/10 Bank of New York v. Ali, Case No. 50 THE COURT: I read all my motions. I stay
2008 CA 024177XXXX MB (Palm up to midnight every single night reading
Beach County)
everything. (p. 11)
1/28/10 The Bank of New York Mellon v. THE COURT: …I'm here until 6:00 every
Trotman, Case No. 50 2008 CA single night, Mr. Immel. I start court at 8:00 in
026484XXXX MB (Palm Beach County)
the morning. I work very hard. (p. 54)
2/2/10 U.S. Bank N.A. v. Vidal, Case No. 50 THE COURT: …So that opens up some time in
2008 CA 014117XXXX MB (Palm my calendar, even though I have 54,000
Beach County)
cases…. (p. 22)
5
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
2/8/10 U.S. Bank N.A. v. Vidal, Case No. 50 THE COURT: … I stayed up late last night,
2008 CA 014117XXXX MB (Palm read all my 23 e-mails. … (p. 3)
Beach County)
2/17/10 U.S. Bank N.A. v. Wodehouse, Case No. THE COURT: … I work every night till
50 2008 CA 026320XXXX MB (Palm midnight at home. I'm here till 6:00,
Beach County)
7:00 at night. … (p. 9)
While the TROTMANS sympathize with the Court’s predicament in attempting to single-
handedly manage a case load of 55,000 foreclosure actions, that predicament is caused by the
Fifteenth Circuit’s decision to funnel all foreclosure cases to a single division supervised by a
single judge. That the judge is excessively burdened and must work after hours is not the fault of
the homeowners being sued or the attorneys defending them. While it may be reason for the
Fifteenth Circuit to revisit its Local Rule creating the Foreclosure Division (Local Rule No. 1
and related administrative order), it is not the sort of exigent circumstance that would call for
6
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
In In re: Amendment to Florida Rules of Criminal Procedure 3.130, 11 So.3d 341 (Fla.
2009), the Florida Supreme Court considered whether to adopt a change to the first appearances
rule proposed by the Florida Public Defenders Association, Inc. (the “FPDA”) which would
require such hearings be held during normal business hours. The Criminal Procedures Rules
Committee opposed the rule change because the Committee thought it should already be
“obvious to all concerned – that in the absence of exigent or special circumstances, courts should
conduct court business during regular business hours.” 6 The Committee suggested that if the
Court was inclined to put such a rule in place, it would be more appropriate in the Rules of
Judicial Administration because “such a rule it [sic] should apply to all court proceedings…” 7
The Supreme Court agreed with both the FPDA and the Committee that first appearances
“should be held during normal business hours absent exigent circumstances and certainly not
solely at the convenience of the judge,” but declined to engraft the requirement onto Rule 3.130.
Fla. R. Crim. P. Rather, the Court declared, “[i]f necessary, we will consider in the future an
amendment to the applicable rules, which might include an amendment to the rules of judicial
administration.” 8
Civil cases present even less of reason for the unusual measure of holding hearings
during non-Court hours as they present no right to “speedy trial” considerations. In routine civil
matters such as this, it should be even more “obvious to all concerned” that Court business
should be conducted during Court hours and not solely at the convenience of the judge.
6
Criminal Procedures Rules Committee’s Response to Comments on Proposed Amendment to
Florida Rule of Criminal Procedure 3.130 (First Appearance) By The Florida Public Defender
Association, p. 3; available at: http://www.law.fsu.edu/library/flsupct/sc08-1934/08-
1934Response.pdf.
7
Id.
8
In In re: Amendment to Florida Rules of Criminal Procedure 3.130, 11 So.3d 341 at 342.
7
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
WHEREFORE, Defendants, the TROTMANS, ask that the Court provide dates and times
By: _______________________
DUSTIN A. ZACKS
Florida Bar No. 48604
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by mail
this February 24, 2010 to all parties on the attached service list.
By: _______________________
DUSTIN A. ZACKS
Florida Bar No. 48604
8
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888
CASE NO. 50 2008 CA 026484XXXX MB
SERVICE LIST
9
ICE LEGAL, P.A.
1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411 • TELEPHONE (561) 729-0530 • FACSIMILE (866) 507-9888