Florida Foreclosure Defense

Outspoken Florida Foreclosure Defense Lawyer Bruce Jacobs Sanctioned By Florida 3rd DCA

The Florida 3rd District Court of Appeals has issued an order imposing sanctions against Florida Foreclosure Defense attorney Bruce Jacobs.

Judges became irate after Jacobs filed a motion for rehearing and rehearing en banc after ruling against his client. Jacobs represented Aquasol Condominium Association in HSBC v. Aquasol. 

The 3rd DCA also affirmed a trial court’s ruling allowing HSBC to proceed with foreclosure against a property owned by Aquasol. As a result, this frustrated Jacobs.

Jacobs opined in his motion that the Third DCA’s opinion “misstates the underlying the legal issues. 

Jacobs also trashed the ruling in his motion. He described it 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. 

Florida Foreclosure Defense Lawyer Draws Ire Of 3rd DCA

As a result, the 3rd DCA sanctioned Jacobs for violating the Florida Bar rule prohibiting:

Impugning the qualifications or integrity of the judges of this court and of the trial court.

That rule provides in relevant part that a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge,'” the order read. The opinion also held that “Mr. Jacobs’ conduct in the instant case violated … the most elementary norms of civility and professionalism.”

While judges and attorneys over the course of their career are subjected to isolated instances of incivility, the instant misconduct is beyond the pale, different not simply in degree but in kind,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. 

This is also not the first time the 3rd DCA has had clashes with Jacobs involving Florida foreclosure defense cases.

The 3rd DCA also has a reputation of disproportionately ruling in favor of lenders.

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