What if the Florida Supreme Court issued a Rule and lawyers ignored it? We’ll find out now that things are explicitly clear. You see, the Millionaire Foreclosure Mills have been ignoring the rule, based on a patently absurd and completely without merit argument that the Rule was not final (forget that it is titled “Final Rule”).
You don’t need to be a lawyer to read the Rule and understand that their willful failure to follow the rule based on an argument that had ABSOLUTELY NO MERIT WHATSOEVER. It makes me furious that this argument was being picked up by news media and even some judges. (See Sarasota Tribune article here.)
So now that things are 100% totally, crystal clear are courts going to
START ENFORCING THE LAWS OF THE FLORIDA SUPREME COURT?
Read the Order Denying re-hearing here:
Florida Supreme Court DENIES Foreclosure Mill
Read the text of the rule below. I challenge anyone to come up with a legitimate explanation of how the verification requirement could be interpreted by anyone with a 8th grade education, much less a legal education, in any way other than the rule says what it says and it is effective February 11, 2010.
So what about the tens of thousands of cases filed by the Millionaire Mills in willful violation of the rules of the Florida Supreme Court? Well, have a little looksie at this Rule and apply it to this situation:
Florida Rules of Civil Procedure 1.420
(b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication on the merits.
BUT HERE’S WHERE IT GETS GOOD:
(d) Costs. Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action. If a party who has once dismissed a claim in any court of this state commences an action based upon or including the same claim against the same adverse party, the court shall make such order for the payment of costs of the claim previously dismissed as it may deem proper and shall stay the proceedings in the action until the party seeking affirmative relief has complied with the order.
So let’s get out there and get those cases and help the Millionaire Mills give a little something back to our court system with new filing fees, and give something back to consumers when they are forced to pay attorney’s fees to dismiss cases that should never have been filed.
