Florida Appellate Court Orders Lee County Officials To Respond To ACLU Lawsuit

Florida Appellate Court Orders Lee County Officials To Respond To ACLU Lawsuit

Lawsuit Charges That “Mass Foreclosure Docket” Ignores Procedural Safeguards In Rush To Clear Cases

CONTACT: (212) 549-2666; media@aclu.org

LAKELAND, FL – Florida’s Second District Court of Appeal today ordered the state’s 20th Judicial Circuit to respond within 20 days to claims in an American Civil Liberties Union lawsuit that a special foreclosure court system systematically denies homeowners a fair chance at defending their homes against foreclosure.

The ACLU filed a lawsuit April 7 charging that the special “mass foreclosure docket” established in Lee County, FL in December 2008 operates under rules that differ substantially from those that govern the rest of the county’s civil cases. That docket was designed to speed through as many foreclosure cases as possible without providing homeowners facing foreclosure a meaningful opportunity to develop their cases or present defenses, according to the petition.

The following can be attributed to Rachel Goodman, an attorney with the ACLU Racial Justice Program:

“By ordering the circuit court to account for its practice of prioritizing speed over accuracy, which robs homeowners of their due process rights, the appellate court clearly recognizes that there are serious issues at play here. It is incumbent upon the courts to ensure that the rights of homeowners are protected and that they get a fair opportunity to protect their homes.”



7 Responses to “Florida Appellate Court Orders Lee County Officials To Respond To ACLU Lawsuit”
  1. incognito123 says:

    Great, BUT what kind of BS response is Chief Circuit Judge Carey going to throw back, and will the Appellant Court REALLY pay attention to the ACLU. He is as corrupt as they come, hence everyone in this state knows just how corrupt the 20th Circuit is and just shake their heads. I hope this forces legitimate change, but I fear this is nothing more than a dog and pony show that the 2DCA and 20th Circuit will put on for the ACLU to try and get them to accept and move on. ACLU, pay careful attention to the responses and DON’T just walk away from this fight!!! Attack like a pit bull!!!!!!

    • incognito123 says:

      Maybe after 2 months they will ask for extension of time…….in friends appeal case, 2 MONTHS after the bank was to reply, they asked for extension of time, but prior to that NOTHING. Sure 2DCA won’t mind getting a late reply, huh?????????

  2. housemanrob says:

    How humiliating! Having to prostrate yourself before judges of supposely high honor, committing blatant fraud!

  3. Lit Gant says:

    I have said for months that the higher courts have judges with brains while the lower judiciary has nothing but a bunch of idiots. They cannot perceive the arguments made by defense lawyers and so the way around being an intelligent judge is to deny motions, sign orders before a case is argued, and rob-stamp foreclosures. It takes some men and women on the higher court levels to be able to judge simple issues of law. It is a good thing to see the 20th Circuit must respond. We need the same in all other Circuits. Why did it take the ALCU? Why did not our Supreme Court demand this? Why not the Florida Bar demand it? Why take court resources to fix this junk-court system? Why allow these idiot chief judges to continue to allow their judges to set aside the rule of law and the Rules of Civil Procedure and set up vigilante courts? These are not supposed to be a Masonic Lodge meeting. And defendants are not to be looked upon as cowens listening illegally to the proceedings. They are not to be viewed as clandestine “those” not of the judiciary cult. Will our courts ever be just and honorable where a judge can really be called “YOUR HONOR?”

    • Stupendous Man - Defender of Liberty - Foe of Tyranny says:

      I refuse the term “Your Honor.” In order to avoid pissing off the court TOO much, however, I do use “Sir” and “Ma’am.”

  4. l vent says:

    Watch Dylan Ratigan, He is talking about renting houses and the mortgage is too damned high. Something up.

  5. housemanrob says:

    We’ll seeeeeeeeeeeeeeeeeeeeeeeeeeeeee!

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