An appeals court has denied Attorney General Pam Bondi‘s request to allow the state Supreme Court to review a ruling she says limits her ability to fight foreclosure fraud. Because of this decision, seven pending cases are now threatened, Bondi said Thursday.
In December, the state’s 4th District Court of Appeals ruled that Bondi does not have the authority to investigate a law firm for alleged fraud under the Florida Deceptive and Unfair Trade Practices Act because attorneys’ work on behalf of lenders did not constitute trade or commerce. She asked the court to certify that its decision in the Law Offices of David Stern, P.A. v. State of Florida case passes upon a question of great public importance so that she could appeal to the Supreme Court.
NOTE: Below in her request appears a reference to a link @ #4 Nevada v. LPS, but where is her lawsuit against LPS??
Attorney General Pam Bondi today filed a motion asking the Fourth District Court of Appeal to certify that its recent decision in Law Offices of David Stern, P.A. v. State of Florida passes upon a question of great public importance. In Stern, the Fourth DCA held that the Attorney General’s Office lacked authority under the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) to subpoena records of the Stern firm as part of an investigation into possible misconduct in the firm’s handling of foreclosure cases.
Applicable court rules require certification from the Fourth DCA before this office may appeal the Stern decision to the Florida Supreme Court. The Attorney General’s motion asks the Fourth DCA to certify that its decision in Stern passes upon the following question of great public importance: whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair and deceptive trade practice which may be the subject of an investigation by the Office of the Attorney General.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2011
STATE OF FLORIDA,
OFFICE OF THE ATTORNEY GENERAL,
Appellant,
v.
SHAPIRO & FISHMAN, LLP,
Appellee.
No. 4D10-4526
[April 27, 2011]
Excerpt:
At oral argument, the Attorney General conceded it had decided to proceed exclusively under this one particular statutory provision. It could have proceeded under another statutory provision, such as a criminal investigative subpoena if other relevant criteria were satisfied, which would not require the subpoena to qualify as connected to “trade or commerce” under FDUTPA. This was exclusively the choice of the state.
LAW OFFICES OF DAVID J. STERN, P.A. vs. THE STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS,
NOTICE OF APPEAL
NOTICE IS GIVEN that Petitioner/Appellant LAW OFFICES OF DAVID J. STERN, P.A. appeals to the Fourth Court of Appeal the Order on Petitioner’s Amended Petition to Quash the Investigative Subpoena Duces Tectum Issued by Florida’s Attorney General
Florida Judge Eileen O’Connor denied Law Office of David J. Stern motion to quash a subpoena from Florida Attorney General Bill McCollum in connection with the AG’s investigation into several of the state’s foreclosure firms.
Today an article was released about the the foreclosure mills moving forward to quash the subpoenas served upon them by the Florida Attorney General. In this article there was a tad bit of heresay going on…
One of the firms is represented by WPB attorney Gerry Richman:
The subpoena has had a chilling effect on clients and has led to defense lawyers citing the investigation in motions to have the Shapiro firm disqualified from cases. One judge, according to the petition, has said in open court he will deny all summary judgment motions filed by the law firms named by the attorney general based solely on the existence of the investigation. In an interview, attorney Gerald Richman, who is representing the Shapiro firm, said he did not know who the judge is. He denied the Shapiro firm falsified any documents.
“One of our concerns is the broad brush,” he said. “We are not in the category with David Stern, we are not in the category with any other law firm. Hopefully we will not lose clients. We’re doing whatever we can to fight back.”
Ok, well how can anyone make such a statement without clarifying who the judge is? This is clear speculation!
The Attorney General’s office is fighting back stating the facts…
McCollum spokeswoman Sandi Copes responded, “our office is responsible for protecting consumers year-round, and this investigation has been ongoing for some time.”
Last is information requesting from David J. Stern regarding the subpoena from the AG…
“This request would include entities that have nothing to do with the Law Firm’s legal practice, e.g., if David J. Stern owns a piece of real estate in an entity or he has trusts set up for his family,” according to the petition filed by Stern’s attorney, Jeffrey Tew of Miami. “This request should be narrowed to include entities that have a connection with his legal practice.”
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