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Foreclosure AppealsForeclosure Defense Florida

The Biggest Fight in Foreclosure is Not The Bank Attorneys…It’s The Judges That Do Their Job For Them…

By November 5, 2015No Comments

20· · · · · MR. WEIDNER:· Judge, my objection is a sitting
21· ·judge in this circuit issued an order which governs the
22· ·procedures of this trial.· That order was clear and
23· ·explicit, and if we’re going to have an argument over
24· ·this, I’d like that transcript.· Because the precise
25· ·document that is allowed to be entered into trial was
·1· ·marked.· That’s not the document.· That’s the order that
·2· ·Judge Flemming gave, and I expect that order to be
·3· ·respected.
·4· · · · · THE COURT:· Okay.· It’s an impossibility to
·5· ·provide a document that’s updated at a time prior to the
·6· ·updating in that document.
·7· · · · · MR. WEIDNER:· Judge Flemming issued an order,
·8· ·Judge.· I would expect that her order would be
·9· ·respected, just like yours as a judge would be
10· ·respected.· We marked the exhibits on the record.· Judge
11· ·Flemming was explicitly clear about the documents that
12· ·plaintiff would be allowed to use at trial today.
13· · · · · You are revisiting, or it seems like you’re
14· ·heading in the direction of revisiting an order of one
15· ·of your colleagues.
16· · · · · THE COURT:· No.· I just wanted to know if the
17· ·document in June was the record of payments and the
18· ·payment history.· Was that the document that Judge
19· ·Flemming saw?
20· · · · · MR. WEIDNER:· No, Judge, because that document is
21· ·printed 8/27/2015.
22· · · · · MS. DOHERTY:· Well, it couldn’t have been.· But
23· ·anything between June and August, yes, was the exact
24· ·same thing that she saw.
25· · · · · THE COURT:· Well, it’s impossible to provide
·1· ·something on a date, because it constantly changes.
·2· · · · · MR. WEIDNER:· Judge, Judge Flemming issued an
·3· ·order.
·4· · · · · THE COURT:· I understand your objection, and the
·5· ·fact that the payment record was given as current as it
·6· ·was in June, satisfied Judge Flemming’s order is
·7· ·sufficient for this Court.
·8· · · · · MR. WEIDNER:· Judge, the whole point of that
·9· ·hearing and the whole point of her order was so that I
10· ·would have the business records that they would be
11· ·relying on today at trial, so that we’re not going down
12· ·them line by line.
13· · · · · That’s why Judge Flemming required them to
14· ·produce it to me, so we didn’t sit here for three hours
15· ·going line by line through the payment record, so I
16· ·could know what they had and what they were going to
17· ·introduce.
18· · · · · THE COURT:· Well, again, for the record, it
19· ·cannot be given to you in June because it hasn’t been
20· ·prepared, because it is a continued document.· It’s one
21· ·that keeps getting updated.· So it would have to be
22· ·something that you were provided day by day by day by
23· ·day by day.· That’s never —
24· · · · · MR. WEIDNER:· Judge, under the rules and under
25· ·the law, you have two choices here.· Number one, give me
·1· ·a continuance based on surprise of new evidence that’s
·2· ·only now been shown to me.· Or, number two, exclude it
·3· ·based on Judge Flemming’s prior order.· How can I —
·4· · · · · THE COURT:· There’s a third.· That’s the Court’s
·5· ·ruling that it comes in.
·6· · · · · (Plaintiff’s Exhibit 5 was admitted into
·7· ·evidence.)
·8· · · · · MR. WEIDNER:· Judge, how can I be expected to
·9· ·rely upon orders of another judge if I’m going to come
10· ·into a trial and have that ruling overruled.
11· · · · · THE COURT:· Simple answer is, you will respect
12· ·the order that I just entered and the ruling that I just
13· ·made and that’s how it’s done.
14· · · · · MR. WEIDNER:· I’d ask for a continuance.
15· · · · · THE COURT:· Continuance is denied.· Go ahead.
16· ·BY MS. DOHERTY:
17· · · Q.· How do you recognize this document, I believe was
18· ·the last question.
19· · · A.· This is the payment history which comes from our
20· ·system of records.
21· · · · · MS. DOHERTY:· We move to introduce the payment
22· ·history as Plaintiff’s Exhibit Number 5.
23· · · · · MR. WEIDNER:· Brief voir dire, Judge?
24· · · · · THE COURT:· No, sir.· You have had an opportunity
25· ·now to do that.· We’ve litigated this at considerable
·1· ·length.· I’ll give you great leeway in
·2· ·cross-examination.
·3· · · · · MR. WEIDNER:· You’re denying my right to voir
·4· ·dire as to a document I’ve never seen before?
·5· · · · · THE COURT:· Counsel, did you show this to him
·6· ·this morning?
·7· · · · · MS. DOHERTY:· Yes.· This afternoon, he reviewed
·8· ·all of the documents.
·9· · · · · MR. WEIDNER:· Judge, let’s be clear.· A minute
10· ·before trial started, she hands me a document that I’ve
11· ·never seen before.
12· · · · · MS. DOHERTY:· He’s also not requested the
13· ·document.
14· · · · · MR. WEIDNER:· Judge, I did request the document
15· ·in discovery and in pre-trial, and that’s why Judge
16· ·Flemming issued an order directing them to provide them
17· ·and marking them, and not allowing them to introduce
18· ·documents that have not been produced.· This is a waste
19· ·of the Court’s time, because I’m going to have to go
20· ·line by line through those records that were not
21· ·provided until right now in trial.

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