Third DCA Issues Show Cause Order to Prominent Foreclosure Defense Attorney
The appellate court asked attorney Bruce Jacobs to show cause as to why there should not be sanctions levied against him in a Sept. 26 order. According to the order, there is a reasonable basis to conclude that Jacobs -- counsel for the appellant party -- violated rules for appellate procedure as well as the rules regulating the Florida Bar.
October 03, 2018 at 02:30 PM
5 minute read
Florida's Third District Court of Appeal has signaled that it may be issuing sanctions against one of South Florida's most outspoken foreclosure defense attorneys.
In a Sept. 26 opinion, the appeals court ordered Bruce Jacobs to show cause within 10 days as to why the court should not levy sanctions against him. The order maintains that there is a “reasonable basis” to surmise that Jacobs violated Florida Bar rules in addition to regulations for procedure in Florida appellate courts.
“The court reserves jurisdiction to impose such sanctions as may be appropriate and to order further response, including the personal appearance of appellant's counsel, should the written response be deemed insufficient,” the order read.
Read the Third DCA's show-cause order against Bruce Jacobs:
The order details several of Jacobs' alleged infractions while serving as attorney to appellant Aquasol Condominium Association before the appeals court. In the underlying case, HSBC v. Aquasol, Miami-Dade Circuit Judge Michael A. Hanzman ruled in favor of the plaintiff and allowed HSBC to proceed with foreclosure on a Miami-Dade property owned by Aquasol in January 2017.
Following an appeal by Aquasol and Jacobs (who served as Aquasol's attorney in the trial court as well) the appellate court issued an opinion Aug. 15 affirming the lower court's ruling.
Jacobs responded by filing a motion for rehearing and rehearing en banc. The appeals court's show-cause order against Jacobs cites his initial and reply briefs as well as his motions for rehearing and rehearing en banc as grounds for sanctions.
“This court finds there is a reasonable basis to conclude Mr. Jacobs violated his duty of candor to the tribunal by failing to disclose to this court controlling adverse law,” the order stated. The court articulated that Jacobs “was obligated to cite and acknowledge” the controlling adverse law in question — the ruling in HSBC v. Buset, a case that Jacobs served as counsel on in both the trial and appellate court — in light of “its binding and adverse nature.”
The order also chastises Jacobs for the content of his motion for rehearing and rehearing en banc. In addition to accusing the attorney of flouting rules prohibiting frivolous motions and statements “impugning the qualifications or integrity of the judges of this court and of the trial court,” the order also describes Jacobs' motion as a “desultory diatribe, consisting of personal opinions, reflections and experiences, which are completely outside the record and entirely irrelevant to the issues on appeal or the decision of the court.”
Read Bruce Jacobs' motion for rehearing and rehearing en banc here:
HSBC's lawyer, Shawn Taylor of Fort Lauderdale firm DeLuca Law Group, declined to comment.
Jacobs said there is “a fundamental flaw” in the show-cause order in a statement to the Daily Business Review.
“The Third DCA said the Aquasol trial judge expressly and affirmatively' relied on Buset. The Aquasol trial was held in January of 2017. The Buset opinion was filed in February of 2018, over a year later,” Jacobs said. “The transcripts and the dockets in Aquasol will very clearly show this mistake. I honored my ethical obligations to present both the facts and the applicable law accurately and forthrightly”.
Jacobs also cited other complications that have pervaded the case both in trial and appellate courts, including a motion he filed to disqualify the trial judge after they denied Jacobs' right to raise an “unclean hands” defense.
“The judge denied me the right to raise this defense and announced he had already decided there was standing. I hadn't even finished cross-examining the first witness. As a defense attorney, I followed my ethical obligations and asked to file a motion to disqualify him for prejudging the case. A fair reading of the Aquasol trial transcript will show clear reversible error,” Jacobs said.
“No lawyer wants to find themselves in the position of having to ask judges to disqualify themselves. I have an obligation to be a zealous advocate for my clients, even at my own personal risk. Over the last decade of doing this work, I've had a number of judges find for my clients on this unclean hands defense,” he continued.
According to Jacobs, “there are many foreclosure defense lawyers who openly fear taking appeals to the Third DCA.”
“The arguments I raise to the Third DCA have been successful in other DCAs around the state,” Jacobs said.
The Third District Court of Appeal has frequently attracted controversy for its rulings in foreclosure cases.
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Mulls Big Changes to Banking Regulation, Unsettling the Industry
Shareholders Sue Arc Global for Wrongful Withholding of Trump Media Shares
3 minute readGreenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250