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Foreclosure Defense FloridaGeneral Information

Does The Florida Supreme Court Require Residential Mortgage Complaints to Be Verified?

THE JUDGE: Go ahead, please.
5 MR. WEIDNER: Please the Court, Your
6 Honor, Matthew Weidner on behalf of William
7 Donovan. As the court is acutely aware,
8 this Florida Supreme Court passed the rules
9 requiring plaintiffs to verify every
10 complaint. That rule is effected in 2010.
11 The complaint that stands before the
12 Court, the amended complaint, was required
13 to be verified pursuant to the rule. To
14 the extent that opposing counsel may argue
15 to the contrary, I’ll present to the Court
16 the case, it’s JPMorgan Bank versus Jurney.
17 The cite is 37 Florida Weekly D.
18 May I approach?
19 THE JUDGE: Yes.
20 MR. WEIDNER: So there was an argument
21 that the plaintiff’s side made regarding
22 whether or not the verified complaint rule
23 was in force and in effect during the time
24 period that there was a rehearing pending.
25 I believe it was Shapiro Fishman, in fact,
that filed the motion for rehearing before
2 the Florida Supreme Court, and they
3 unfortunately left out a key sentence in
4 their motion for rehearing; and that is
5 they needed to ask for the application or
6 enforcement of the rule to be stayed
7 pending disposition of the rehearing.
8 They did not, and so they can’t even
9 credibly make the argument that the
10 enforcement of the supreme court rule
11 should have been stayed during that period.
12 But that’s subsequently been definitively
13 answered, there’s just no question what the
14 — residential mortgage foreclosure
15 complaints must have been verified
16 beginning February 2010, period. The
17 complaint before the Court is not verified
18 and so we move under 1.420B to dismiss the
19 complaint for failure to comply with
20 Court’s order or rules of the Court.
36204 HEARING 051412.full

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