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Electronically Filed 07/26/2013 03:08:08 PM ET
IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
WELLS FARGO BANK, NA, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.
2010 030707 CA 01
VS.
CARLOS G. ORCHARD; CHERI A.
PRINCE A/K/A CHERI PRINCE; ANY
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER,
AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO DEFENDANTS, CARLOS G.
ARE NOT KNOWN TO BE DEAD OR ORCHARD AND CHERI
ALIVE, WHETHER SAID UNKNOWN PRINCE’S, NOTICE OF
PARTIES MAY CLAIM AN INTEREST CONFLICT
AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS;
TENANT #1, TENANT #2, TENANT #2,
and TENANT #4 the names being fictitious
to account for parties in possession,
Defendants.
/
Defendants, CARLOS G. ORCHARD and CHERI PRINCE, hereby file this notice of
conflict, and in support thereof state as follows:
1 This matter was set for trial on July 5, 2013, to occur on September 3, 2013.
22 Defendants’ counsel at Ice Legal also has four other trials set to occur on
September 3, 2013 in the following matters:
a Wells Fargo Bank v Buchwald, Case No. 09 CA 001002 (Orange County). The
trial order was entered on June 24, 2013 by the Honorable Lisa T. Munyon. The
order does not state who the matter will be heard before, or at what time it will
commence.
Ice Legal, PA.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
Nationstar Mortgage, LLC v. Lombari, Case No. 50 2009 CA 008916XXXX MB
(Palm Beach County). The trial date was set on June 26, 2013 by the Honorable
Roger B. Colton. The order does not state who the matter will be heard before, but
trial is scheduled for 9:00 AM.
Federal National Mortgage Association v. Otero, Case No. 09-28644 CA 32
(Miami Dade County). On July 5, 2013, the Honorable Lisa S. Walsh entered the
trial order. The order does not state who the matter will be heard before, but trial
is scheduled to occur on September 3, 2013 at 8:45 AM.
JPMorgan Chase Bank v. Hussain, Case No. 2012 36502 CA 01 (Miami-Dade
County). The Honorable Jerald Bagley entered the trial order on July 5, 2013. The
order does not state who the matter will be heard before, but trial is scheduled for
8:45 AM on September 3, 2013.
3 It is estimated each trial will take between a halfa day and a day to try.
4 Ice Legal is unable to represent the respective clients’ interests in five trials set in
three different counties on the same day.
5 Furthermore, Ice Legal has trial in another matter on August 26, 2013 in the
following case:
a, New York Community Bank v. Mora, Case No. 11 25038 CA 24 (Miami-Dade
County). The trial order was entered on June 25, 2013, by the Honorable Sarah I.
Zabel. The order does not state who the matter will be heard before, but trial is
scheduled for 8:45 AM.
6 Moreover, on August 27, 2013, Ice Legal has trial in the following matter:
2
Ice Legal, PA.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
The Bank of New York Mellon v. Serrano, Case No. 12-13883 CA 23 (Miami
Dade County). The trial order was entered on June 21, 2013 by the Honorable
Stanford Blake. The order does not state who the matter will be heard before, but
trial is scheduled for 9:00 AM.
Also, on August 28, 2013, Ice Legal has the following trials scheduled:
Green Tree Servicing LLC v. Argote, Case No. 10-63772 CA 27 (Miami Dade
County). The trial order was entered by the Honorable Rosa I. Rodriquez on June
27, 2013. Trial is set for 8:45 AM.
U.S. Bank National Association v. Epstein, Case No. 50 2009 CA 005542XXXX
MB (Palm Beach County). The trial order was entered on July 2, 2013, by the
Honorable Robin L. Rosenberg. The order does not state who the matter will be
heard before, but trial is set for 9:00 AM.
Moreover, Ice Legal has trial in the following case on August 29, 2013:
Fifth Third Bank v. Schoshinski, Case No. 2009 76847 CA 01 (Miami Dade
County). Trial is scheduled for 8:45 AM. The order does not state who the matter
will be heard before, but it was entered on July 1, 2013 by the Honorable Jennifer
D. Bailey on behalf
of Judge Sarah I. Zabel.
Additionally, on August 30, 2013, Defendants’ counsel has trial in the following
case:
Onewest Bank y. Olivares, Case No.: 2009-68145-CA-01 (Miami Dade County).
Trial is scheduled for 9:00 AM. The order does not state who the matter will be
heard before, but it was entered by the Honorable Darrin P. Gayles on June 27,
2013.
3
Ice Legal, P.A.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
10. Moreover, Ice Legal has trial scheduled on September 2, 2013 in the following
case:
Green Tree Servicing LLC v. Memon, Case No. 11-14695 CA 09 (Miami-Dade
County). The order was entered on March 26, 2013 and the matter is scheduled to
be heard before the Honorable Jerald Bagley. The order does not state what time
the matter will be heard, but the trial period commences on September 2, 2013.
11 Further, on September 6, 2013, Ice Legal has trial scheduled in the following
matter:
Deutsche Bank National Trust Company v. Garcia Del Busto, Case No. 2010
43088 CA 20 (Miami-Dade County). The trial order was entered by Senior Judge
Marvin Guillman on July 5, 2013. The order does not state who the matter will be
heard before, but trial is scheduled for 9:00 AM.
12. On September 9, 2013, Ice Legal has trial in the following:
Nationstar Mortgage, LLC v. Roselli, Case No. 50 2008 CA 019219XXXX MB
(Palm Beach County). The order was entered on July 18, 2013 by Senior Judge
Roger B. Colton. Trial is scheduled for 9:00 AM.
13 Also, Defendant’s counsel has trials on September 11, 2013 in the following
cases:
The Bank of New York Mellon v. Allen, Case No. 50 2009 CA 042122XXXX MB
(Palm Beach County). The trial order was entered on June 26, 2013 by the
Honorable Robin L. Rosenberg. The order does not state who the matter will be
heard before, but trial is set for 9:00 AM.
4
Ice Legal, P.A.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
The Bank of New York Mellon v. Trotman, Case No. 50 2008 CA 026484XXXX
MB (Palm Beach County). The trial order was entered on July 3, 2013 by the
Honorable Robin L. Rosenberg. Trial is scheduled for 9:00 AM.
14. Finally, Defendant’s counsel has trial on September 13, 2013 in the following
case:
CitiMortgage, Inc.v. Dretzka, Case No. 50 2010 CA 011455XXXX MB (Palm
Beach County). The trial order was entered on July 16, 2013, by the Honorable
Robin L. Rosenberg. The order does not state who the matter will be heard before,
but trial is scheduled for 9:00 AM.
Countrywide Home Loans Services, LP. v. Hufer, Case No. 09-24674-CA08
(Miami-Dade County). The trial order was entered on July 16, 2013 by the
Honorable Gisela Cardonne Ely. The order does not state who the matter will be
heard before, but trial is scheduled for 8:45 AM.
15. Fla. R. Jud. Admin. 2.550 provides, in pertinent part:
(c) Notice and Agreement; Resolution by Judges. When an attorney is
scheduled to appear in 2 courts at the same time and cannot arrange for other
counsel to represent the clients’ interests, the attorney shall give prompt written
notice of the conflict to opposing counsel, the clerk of each court, and the
presiding judge of each case, if known. If the presiding judge of the case cannot
be identified, written notice of the conflict shall be given to the chief judge of the
court having jurisdiction over the case or to the chief judge’s designee. The judges
or their designees shall confer and undertake to avoid the conflict by agreement
among themselves. Absent agreement, conflicts should be promptly resolved by
the judges or their designees in accordance with the above case guidelines.
16. Failure to coordinate trials in these matters violates the Defendants’ constitutional
right to be represented by counsel of choice.
Although the right to counsel is not absolute in a civil proceeding, see
Kiriakidis v. Kiriakidis, 855 So.2d 208, 212 (Fla. 4th DCA 2003); Onett, 780
So.2d at 980 (citing State v. Weeks, 166 So.2d 892 (Fla.1964)), judicial
5
Ice Legal, PA.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
protection of that right ensures continued public confidence in our system of
justice.
Myers v. Siegel, 920 So.2d 1241, 1243 (Fla. 5th DCA 2006).
Wherefore Defendants request that the above cited conflicts be resolved, that this case be
tried during the calendar week on a date other than during the week of August 26, September 2,
September 3, September 6, September 9, September 11, or September 13, 2013 and for such
other relief as the court deems just.
Dated: July 24, 2013.
ICE LEGAL, P.A.
Counsel for Defendants
1015 N. State Road 7, Suite C
Royal Palm Beach, FL 33411
Telephone: (561) 729-0530
Designated Email for Service:
service@icelegal.com
service] @icelegal.com
service2@icelegal.com
Florida Bar No. 0069080
6
Ice Legal, P.A.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
CASE NO. 2010 030707 CA 01
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served this July
24, 2013 to all parties on the attached service list. Service was by email to all parties not exempt
from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the service list, and by
U.S. Mail to any other parties.
ICE LEGAL, P.A.
Counsel for Defendants
1015 N. State Road 7, Suite C
Royal Palm Beach, FL 33411
Telephone: (561) 729-0530
Designated Email for Service
service@icelegal.com
servicel @icelegal.com
service2@icelegal.com
By: ,
efit 4 48
“SCOTT H. HOLTZ
Florida Bar No. 0069080
SERVICE LIST
Eleane Sosa-Bruzon, Esq.
RONALD R. WOLFE & ASSOCIATES,
P.L.
P.O. Box 250108
Tampa, FL 33622
(813) 251-4766
eservice@wolfelawfl.com
Plaintiff's counsel
7
Ice Legal, P.A.
1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530
Preview
Electronically Filed 07/26/2013 03:08:08 PM ET IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA WELLS FARGO BANK, NA, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO. 2010 030707 CA 01 VS. CARLOS G. ORCHARD; CHERI A. PRINCE A/K/A CHERI PRINCE; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO DEFENDANTS, CARLOS G. ARE NOT KNOWN TO BE DEAD OR ORCHARD AND CHERI ALIVE, WHETHER SAID UNKNOWN PRINCE’S, NOTICE OF PARTIES MAY CLAIM AN INTEREST CONFLICT AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; TENANT #1, TENANT #2, TENANT #2, and TENANT #4 the names being fictitious to account for parties in possession, Defendants. / Defendants, CARLOS G. ORCHARD and CHERI PRINCE, hereby file this notice of conflict, and in support thereof state as follows: 1 This matter was set for trial on July 5, 2013, to occur on September 3, 2013. 22 Defendants’ counsel at Ice Legal also has four other trials set to occur on September 3, 2013 in the following matters: a Wells Fargo Bank v Buchwald, Case No. 09 CA 001002 (Orange County). The trial order was entered on June 24, 2013 by the Honorable Lisa T. Munyon. The order does not state who the matter will be heard before, or at what time it will commence. Ice Legal, PA. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 Nationstar Mortgage, LLC v. Lombari, Case No. 50 2009 CA 008916XXXX MB (Palm Beach County). The trial date was set on June 26, 2013 by the Honorable Roger B. Colton. The order does not state who the matter will be heard before, but trial is scheduled for 9:00 AM. Federal National Mortgage Association v. Otero, Case No. 09-28644 CA 32 (Miami Dade County). On July 5, 2013, the Honorable Lisa S. Walsh entered the trial order. The order does not state who the matter will be heard before, but trial is scheduled to occur on September 3, 2013 at 8:45 AM. JPMorgan Chase Bank v. Hussain, Case No. 2012 36502 CA 01 (Miami-Dade County). The Honorable Jerald Bagley entered the trial order on July 5, 2013. The order does not state who the matter will be heard before, but trial is scheduled for 8:45 AM on September 3, 2013. 3 It is estimated each trial will take between a halfa day and a day to try. 4 Ice Legal is unable to represent the respective clients’ interests in five trials set in three different counties on the same day. 5 Furthermore, Ice Legal has trial in another matter on August 26, 2013 in the following case: a, New York Community Bank v. Mora, Case No. 11 25038 CA 24 (Miami-Dade County). The trial order was entered on June 25, 2013, by the Honorable Sarah I. Zabel. The order does not state who the matter will be heard before, but trial is scheduled for 8:45 AM. 6 Moreover, on August 27, 2013, Ice Legal has trial in the following matter: 2 Ice Legal, PA. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 The Bank of New York Mellon v. Serrano, Case No. 12-13883 CA 23 (Miami Dade County). The trial order was entered on June 21, 2013 by the Honorable Stanford Blake. The order does not state who the matter will be heard before, but trial is scheduled for 9:00 AM. Also, on August 28, 2013, Ice Legal has the following trials scheduled: Green Tree Servicing LLC v. Argote, Case No. 10-63772 CA 27 (Miami Dade County). The trial order was entered by the Honorable Rosa I. Rodriquez on June 27, 2013. Trial is set for 8:45 AM. U.S. Bank National Association v. Epstein, Case No. 50 2009 CA 005542XXXX MB (Palm Beach County). The trial order was entered on July 2, 2013, by the Honorable Robin L. Rosenberg. The order does not state who the matter will be heard before, but trial is set for 9:00 AM. Moreover, Ice Legal has trial in the following case on August 29, 2013: Fifth Third Bank v. Schoshinski, Case No. 2009 76847 CA 01 (Miami Dade County). Trial is scheduled for 8:45 AM. The order does not state who the matter will be heard before, but it was entered on July 1, 2013 by the Honorable Jennifer D. Bailey on behalf of Judge Sarah I. Zabel. Additionally, on August 30, 2013, Defendants’ counsel has trial in the following case: Onewest Bank y. Olivares, Case No.: 2009-68145-CA-01 (Miami Dade County). Trial is scheduled for 9:00 AM. The order does not state who the matter will be heard before, but it was entered by the Honorable Darrin P. Gayles on June 27, 2013. 3 Ice Legal, P.A. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 10. Moreover, Ice Legal has trial scheduled on September 2, 2013 in the following case: Green Tree Servicing LLC v. Memon, Case No. 11-14695 CA 09 (Miami-Dade County). The order was entered on March 26, 2013 and the matter is scheduled to be heard before the Honorable Jerald Bagley. The order does not state what time the matter will be heard, but the trial period commences on September 2, 2013. 11 Further, on September 6, 2013, Ice Legal has trial scheduled in the following matter: Deutsche Bank National Trust Company v. Garcia Del Busto, Case No. 2010 43088 CA 20 (Miami-Dade County). The trial order was entered by Senior Judge Marvin Guillman on July 5, 2013. The order does not state who the matter will be heard before, but trial is scheduled for 9:00 AM. 12. On September 9, 2013, Ice Legal has trial in the following: Nationstar Mortgage, LLC v. Roselli, Case No. 50 2008 CA 019219XXXX MB (Palm Beach County). The order was entered on July 18, 2013 by Senior Judge Roger B. Colton. Trial is scheduled for 9:00 AM. 13 Also, Defendant’s counsel has trials on September 11, 2013 in the following cases: The Bank of New York Mellon v. Allen, Case No. 50 2009 CA 042122XXXX MB (Palm Beach County). The trial order was entered on June 26, 2013 by the Honorable Robin L. Rosenberg. The order does not state who the matter will be heard before, but trial is set for 9:00 AM. 4 Ice Legal, P.A. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 The Bank of New York Mellon v. Trotman, Case No. 50 2008 CA 026484XXXX MB (Palm Beach County). The trial order was entered on July 3, 2013 by the Honorable Robin L. Rosenberg. Trial is scheduled for 9:00 AM. 14. Finally, Defendant’s counsel has trial on September 13, 2013 in the following case: CitiMortgage, Inc.v. Dretzka, Case No. 50 2010 CA 011455XXXX MB (Palm Beach County). The trial order was entered on July 16, 2013, by the Honorable Robin L. Rosenberg. The order does not state who the matter will be heard before, but trial is scheduled for 9:00 AM. Countrywide Home Loans Services, LP. v. Hufer, Case No. 09-24674-CA08 (Miami-Dade County). The trial order was entered on July 16, 2013 by the Honorable Gisela Cardonne Ely. The order does not state who the matter will be heard before, but trial is scheduled for 8:45 AM. 15. Fla. R. Jud. Admin. 2.550 provides, in pertinent part: (c) Notice and Agreement; Resolution by Judges. When an attorney is scheduled to appear in 2 courts at the same time and cannot arrange for other counsel to represent the clients’ interests, the attorney shall give prompt written notice of the conflict to opposing counsel, the clerk of each court, and the presiding judge of each case, if known. If the presiding judge of the case cannot be identified, written notice of the conflict shall be given to the chief judge of the court having jurisdiction over the case or to the chief judge’s designee. The judges or their designees shall confer and undertake to avoid the conflict by agreement among themselves. Absent agreement, conflicts should be promptly resolved by the judges or their designees in accordance with the above case guidelines. 16. Failure to coordinate trials in these matters violates the Defendants’ constitutional right to be represented by counsel of choice. Although the right to counsel is not absolute in a civil proceeding, see Kiriakidis v. Kiriakidis, 855 So.2d 208, 212 (Fla. 4th DCA 2003); Onett, 780 So.2d at 980 (citing State v. Weeks, 166 So.2d 892 (Fla.1964)), judicial 5 Ice Legal, PA. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 protection of that right ensures continued public confidence in our system of justice. Myers v. Siegel, 920 So.2d 1241, 1243 (Fla. 5th DCA 2006). Wherefore Defendants request that the above cited conflicts be resolved, that this case be tried during the calendar week on a date other than during the week of August 26, September 2, September 3, September 6, September 9, September 11, or September 13, 2013 and for such other relief as the court deems just. Dated: July 24, 2013. ICE LEGAL, P.A. Counsel for Defendants 1015 N. State Road 7, Suite C Royal Palm Beach, FL 33411 Telephone: (561) 729-0530 Designated Email for Service: service@icelegal.com service] @icelegal.com service2@icelegal.com Florida Bar No. 0069080 6 Ice Legal, P.A. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530 CASE NO. 2010 030707 CA 01 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served this July 24, 2013 to all parties on the attached service list. Service was by email to all parties not exempt from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the service list, and by U.S. Mail to any other parties. ICE LEGAL, P.A. Counsel for Defendants 1015 N. State Road 7, Suite C Royal Palm Beach, FL 33411 Telephone: (561) 729-0530 Designated Email for Service service@icelegal.com servicel @icelegal.com service2@icelegal.com By: , efit 4 48 “SCOTT H. HOLTZ Florida Bar No. 0069080 SERVICE LIST Eleane Sosa-Bruzon, Esq. RONALD R. WOLFE & ASSOCIATES, P.L. P.O. Box 250108 Tampa, FL 33622 (813) 251-4766 eservice@wolfelawfl.com Plaintiff's counsel 7 Ice Legal, P.A. 1015 N. STATE RD. 7, SUITE C, ROYAL PALM BEACH, FL 33411 * TELEPHONE (561) 729-0530