A three-judge appellate panel of the 3rd DCA entered an order to show cause as to why the court should not impose sanctions on a foreclosure defense attorney, in addition to rejecting most of his arguments in the underlying case.

3rd DCA Judges Kevin Emas, Monica Gordo and Fleur Lobree issued the order to show cause to Bruce Jacobs. They allege Jacobs violated the Florida Rules of Appellate Procedure and the Rules Regulating the Florida Bar

Jacobs, through his defense counsel, Roy Wasson and Benedict Kuehne claimed:

Lawyers engaged in good-faith advocacy when facing significant opposition with significant resources might well have felt the impact of this opinion.

And they cited an op-ed by former Florida Supreme Court Justice Peggy Quince. Quince wrote in her op-ed that Florida appellate courts “are in danger of being captured by special interest.”

Jarvis also noted that the appellate court ruling was unusual. He stated the 3rd DCA could have simply stated in the opinion, “denied.”

Jarvis also stated:

To that extent, it is unusual that they went point by point and delved into why every argument that he was making was crazy and unfounded, bordered on the unethical and maybe even went over the line. But when you have a lawyer like this, it calls for a different kind of response.

Read The Full Third DCA Opinion:

Jarvis, for instance, specifically pointed to Jacobs’ citation of an Aug. 22, 2018, trial court sanctions order in Bank of New York Mellon v. Dulberg de Morales that former Miami-Dade Circuit Judge Bronwyn Miller vacated less than two weeks after entering it.

Miller is now a Third DCA judge.

The Third DCA ruled in its 14-page opinion that Jacobs created a “negative implication” about Miller in that earlier case:

Such a frivolous implication, made without basis, advancing no relevant position and serving no other apparent purpose but to malign or impugn the integrity of a judge, appears to violate Rule 4-8.2(a), Rules Regulating the Florida Bar.

The court also noted that Miller is not presiding over the Jacobs case that’s now before the appellate court.

Judge Miller has recused herself from further consideration of this cause, including our issuance of the instant order to show cause.

The 3rd DCA also struck down a motion and one dozen separately filed appendices comprising nearly 3,500 pages by Jacobs. 

The foreclosure case is on appeal from Miami-Dade Circuit Judge Pedro P. Echarte Jr., with opposing counsel Steven J. Brotman, a partner at Locke Lord in West Palm Beach, who represents U.S. Bank Trust N.A.

Now, Jacobs has less than 20 days to respond to the Third DCA order to show cause to avoid sanctions. He faces a dismissal of proceedings and reprimand from the Florida Bar.

Read Attorney Bruce Jacob’s Full Statement:

And ethics expert Jarvis notes Jacobs is facing disciplinary problems on multiple fronts.

The Florida Supreme Court will soon rule as to whether it will modify or accept a referee’s recommendation of a three-month suspension, public reprimand, and two years of probation in a separate matter in which Jacobs was accused of disparaging judges and the judicial system.

Also, Check More Stories About Whackadoodle Attorney Bruce Jacobs:

Florida Foreclosure Defense Lawyer Bruce Jacobs Sanctioned

FL Foreclosure Defense Lawyer Bruce Jacobs Faces Potential Disbarment