On April 15, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Phh Mortgage Corporation,
and
Addison Brahney,
Bristol Bay Iii Of Legends Condominium Association Inc,
E Jones,
E Shapiro,
Geraldine Obrien-Oborne,
Hanna Brahney,
Jackson Brahney,
Jeffrey Jones,
Karin Brahney,
Mary Byrd,
Michael Brahney,
Paul Brahney,
Regina Wagner,
Rowan Brahney,
Stephen Brahney,
Thomas Brahney,
United States Of America Department Of Housing And Urban Development,
Unknown Spouse Of Bona Bame Aka Bona Jon,
Unknown Spouse Of E Christine Brahney Sh,
Unknown Spouse Of Geraldine Obrien Oborn,
Unknown Spouse Of Jeffrey Jones,
Unknown Spouse Of Mary Jo Brahney Byrd,
Unknown Spouse Of Regina Wagner,
Unknown Spouse Of Thomas Brahney,
Unknown Tenant 1,
Unknown Tenant 2,
for CA Non-Homestead Residential Foreclosure 2: $50,001-$249,999
in the District Court of Lee County.
Preview
Filing # 196210700 E-Filed 04/15/2024 02:55:54 PM
IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR THE STATE OF FLORIDA
LEE COUNTY
IN RE: STANDING ORDERS AND CIVIL ADMINISTRATIVE
CASE MANAGEMENT PLANS IN ORDER
RESIDENTIAL MORTGAGE NO. 1.18
FORECLOSURE CASES IN
LEE COUNTY
WHEREAS, it is in the best interest of the citizens of the Twentieth Judicial Circuit for
the Court to develop innovative means to further improve the fair, predictable, efficient, and
timely disposition of civil cases in the civil division of the Circuit Court; and
WHEREAS, under Rule 2.545(b), Florida Rules of Judicial Administration, the Supreme
Court of Florida has established guidelines for the prompt processing and resolution of civil cases,
and has expressly mandated that the Court “shall take charge of all cases at an early stage in the
litigation and shall control the progress of the case thereafter until the case is determined;” and
WHEREAS, since 2010, the Lee County Circuit Courts have utilized Civil Differentiated
Case Management (DCM) Procedures, as approved by local Administrative Order 1.13; and
WHEREAS, the Civil DCM Procedures for the Lee County Circuit Courts exempt
residential foreclosure cases from certain procedures, including the initial issuance of a Standing
Order and the requirement of case management plans in individual residential foreclosure cases;
and
WHEREAS, since 2010, alternative means of case management of residential foreclosure
cases have been utilized throughout the State of Florida, and specifically in the Lee County
Circuit Courts, to address the special circumstances involving the inordinately large and sudden
influx and backlog of residential foreclosure cases; and
WHEREAS, the case management of residential foreclosure cases in Lee County has
STATE OF PRONE: Chuo Ligethe sudden influx of residential foreclosuieendds did tendd being Be
2
LOSS
4
a true and correct copy of the AES
‘Thie2_Pay ee ingiecore record on filein my office,
Unda Doggett, Clerk Creuit/
(sy
‘L- Recor d Verified. mi: inty, FL 43
: “:
*\ Ga
LINDA DOGGETT By. 04/24/2015 3:00PM Filed Lee C kg ourt Or
Qf
Clark Cireuit Court Deputy Gerk NE Reet
SE
eFiled Lee County Clerk of Courts Page 1 Deputy Clerk
the backlog; and
WHEREAS, current caseloads, changing circumstances, and an evaluation of shifting
resources have led to a determination that it is in the best interest of the fair, predictable, efficient,
and timely disposition of residential foreclosure cases in the Lee County Circuit Court to
implement Standing Orders and case management plans for individual residential foreclosure
cases; and
WHEREAS, under Rule 2.250(a)(1)(B), Florida Rules of Judicial Administration, the
time standard deemed by the Supreme Court of Florida to be presumptively reasonable for the ee
“6
c
disposition of civil non-jury cases is twelve (12) months from filing to final disposition; cc
NOW, THEREFORE, pursuant to the authority prescribed by Fla. R. Jud. Admin. 2.215,
and for the purpose of promoting the efficient administration of justice within the Twentieth
Judicial Circuit, it is ORDERED as follows:
1, Included as part of this Administrative Order as “Attachment A” is a form “Standing Order
in Residential Mortgage Foreclosure Cases in Lee County,” which the Plaintiff shall, in all residential
mortgage foreclosure cases filed in Lee County on or after May 1, 2015, serve with each summons
issued in the case. The Plaintiff shall be responsible for paying the Clerk the appropriate statutory fee
for copies of each Standing Order issued.
2. In addition, in all residential mortgage foreclosure cases filed in Lee County on or after
May 1, 2015, and upon the filing of a responsive pleading by any defendant, the Court shall issue a
“Residential Foreclosure Case Management Plan and Order” utilizing the Florida Supreme Court's
presumptively reasonable time standard of 12 months from filing to final disposition, a form of which
is included as part of this Administrative Order as “Attachment B.” Prior to issuance of a
“Residential Foreclosure Case Management Plan and Order,” the established timeframes included as
“Attachment B” may only be altered by the Circuit Judge assigned to the case. Once issued by the
2
04/24/2015 3:00PM Filed Lee County Clerk of Court
eFiled Lee County Clerk of Courts Page 2
Circuit Judge assigned to the case, the Case Management Plan may only be amended upon approval
by the Circuit Judge assigned to the case.
3. For pending residential mortgage foreclosure cases filed prior to May 1, 2015, and which
are not scheduled for trial, the Court will issue the “Standing Order in Residential Mortgage
Foreclosure Cases in Lee County” (Attachment A) and will serve copies on all parties. In addition,
it relates to such cases, ifa responsive pleading has already been filed, or upon the filing of a
responsive pleading, the assigned Circuit Judge will issue a “Residential Foreclosure Case
Management Plan and Order” {Attachment B) establishing mandatory time-frames as may be deemed
appropriate by that Judge for the purpose of ensuring the fair and timely disposition of the case, based
upon the presumptively reasonable time standards established by the Florida Supreme Court. Once
issued by the Circuit Judge assigned to the case, the Case Management Plan may only be amended
upon approval by the Circuit Judge assigned to the case.
4. Notwithstanding the above paragraph, for pending residential mortgage foreclosure cases
filed prior to May 1, 2015, and which are at issue and currently scheduled for a Case Management
Conference, and have had at least one prior Case Management Conference, the assigned Circuit Judge
may, within his or her discretion, cancel the Case Management Conference and may, alternatively,
schedule the case for trial by separate order.
5. It shall be noted that the forms included as part of this Administrative Order, Attachments
A and B, are intended as models, and any subsequent updates or modifications shall be posted and
available for viewing on the Court’s website at 0.08; eb/ma’ It shall
be the responsibility of all parties to check the website for the most recent forms to be used in
conjunction with this Administrative Order.
6. The procedures and time standards set forth herein are intended to facilitate the timely, fair
and effective resolution of residential mortgage foreclosure cases while ensuring the efficient use of
3
04/24/2015 3:00PM Filed Lee County Clerk of Court
eFiled Lee County Clerk of Courts Page 3
court resources. The procedures and time standards do not supplant any existing rule, statute, or law.
This Administrative Order shall not be construed as granting any rights not already provided for by
tule, statite, or law.
7. To the extent that any provision of this Administrative Order may be construed as being in
conflict with any rule, statute, or law, the rule, statute, or law shall prevail.
yth
DONE AND ORDERED in chambers in Fort Myers, Lee County, Florida, this SET
day of Alps: | , 2015,
. Rosman
ef Judge
History.~ New
4
04/24/2015 3:00PM Filed Lee County Clerk of Court
eFiled Lee County Clerk of Courts Page 4
Preview
Filing # 196210700 E-Filed 04/15/2024 02:55:54 PM IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR THE STATE OF FLORIDA LEE COUNTY IN RE: STANDING ORDERS AND CIVIL ADMINISTRATIVE CASE MANAGEMENT PLANS IN ORDER RESIDENTIAL MORTGAGE NO. 1.18 FORECLOSURE CASES IN LEE COUNTY WHEREAS, it is in the best interest of the citizens of the Twentieth Judicial Circuit for the Court to develop innovative means to further improve the fair, predictable, efficient, and timely disposition of civil cases in the civil division of the Circuit Court; and WHEREAS, under Rule 2.545(b), Florida Rules of Judicial Administration, the Supreme Court of Florida has established guidelines for the prompt processing and resolution of civil cases, and has expressly mandated that the Court “shall take charge of all cases at an early stage in the litigation and shall control the progress of the case thereafter until the case is determined;” and WHEREAS, since 2010, the Lee County Circuit Courts have utilized Civil Differentiated Case Management (DCM) Procedures, as approved by local Administrative Order 1.13; and WHEREAS, the Civil DCM Procedures for the Lee County Circuit Courts exempt residential foreclosure cases from certain procedures, including the initial issuance of a Standing Order and the requirement of case management plans in individual residential foreclosure cases; and WHEREAS, since 2010, alternative means of case management of residential foreclosure cases have been utilized throughout the State of Florida, and specifically in the Lee County Circuit Courts, to address the special circumstances involving the inordinately large and sudden influx and backlog of residential foreclosure cases; and WHEREAS, the case management of residential foreclosure cases in Lee County has STATE OF PRONE: Chuo Ligethe sudden influx of residential foreclosuieendds did tendd being Be 2 LOSS 4 a true and correct copy of the AES ‘Thie2_Pay ee ingiecore record on filein my office, Unda Doggett, Clerk Creuit/ (sy ‘L- Recor d Verified. mi: inty, FL 43 : “: *\ Ga LINDA DOGGETT By. 04/24/2015 3:00PM Filed Lee C kg ourt Or Qf Clark Cireuit Court Deputy Gerk NE Reet SE eFiled Lee County Clerk of Courts Page 1 Deputy Clerk the backlog; and WHEREAS, current caseloads, changing circumstances, and an evaluation of shifting resources have led to a determination that it is in the best interest of the fair, predictable, efficient, and timely disposition of residential foreclosure cases in the Lee County Circuit Court to implement Standing Orders and case management plans for individual residential foreclosure cases; and WHEREAS, under Rule 2.250(a)(1)(B), Florida Rules of Judicial Administration, the time standard deemed by the Supreme Court of Florida to be presumptively reasonable for the ee “6 c disposition of civil non-jury cases is twelve (12) months from filing to final disposition; cc NOW, THEREFORE, pursuant to the authority prescribed by Fla. R. Jud. Admin. 2.215, and for the purpose of promoting the efficient administration of justice within the Twentieth Judicial Circuit, it is ORDERED as follows: 1, Included as part of this Administrative Order as “Attachment A” is a form “Standing Order in Residential Mortgage Foreclosure Cases in Lee County,” which the Plaintiff shall, in all residential mortgage foreclosure cases filed in Lee County on or after May 1, 2015, serve with each summons issued in the case. The Plaintiff shall be responsible for paying the Clerk the appropriate statutory fee for copies of each Standing Order issued. 2. In addition, in all residential mortgage foreclosure cases filed in Lee County on or after May 1, 2015, and upon the filing of a responsive pleading by any defendant, the Court shall issue a “Residential Foreclosure Case Management Plan and Order” utilizing the Florida Supreme Court's presumptively reasonable time standard of 12 months from filing to final disposition, a form of which is included as part of this Administrative Order as “Attachment B.” Prior to issuance of a “Residential Foreclosure Case Management Plan and Order,” the established timeframes included as “Attachment B” may only be altered by the Circuit Judge assigned to the case. Once issued by the 2 04/24/2015 3:00PM Filed Lee County Clerk of Court eFiled Lee County Clerk of Courts Page 2 Circuit Judge assigned to the case, the Case Management Plan may only be amended upon approval by the Circuit Judge assigned to the case. 3. For pending residential mortgage foreclosure cases filed prior to May 1, 2015, and which are not scheduled for trial, the Court will issue the “Standing Order in Residential Mortgage Foreclosure Cases in Lee County” (Attachment A) and will serve copies on all parties. In addition, it relates to such cases, ifa responsive pleading has already been filed, or upon the filing of a responsive pleading, the assigned Circuit Judge will issue a “Residential Foreclosure Case Management Plan and Order” {Attachment B) establishing mandatory time-frames as may be deemed appropriate by that Judge for the purpose of ensuring the fair and timely disposition of the case, based upon the presumptively reasonable time standards established by the Florida Supreme Court. Once issued by the Circuit Judge assigned to the case, the Case Management Plan may only be amended upon approval by the Circuit Judge assigned to the case. 4. Notwithstanding the above paragraph, for pending residential mortgage foreclosure cases filed prior to May 1, 2015, and which are at issue and currently scheduled for a Case Management Conference, and have had at least one prior Case Management Conference, the assigned Circuit Judge may, within his or her discretion, cancel the Case Management Conference and may, alternatively, schedule the case for trial by separate order. 5. It shall be noted that the forms included as part of this Administrative Order, Attachments A and B, are intended as models, and any subsequent updates or modifications shall be posted and available for viewing on the Court’s website at 0.08; eb/ma’ It shall be the responsibility of all parties to check the website for the most recent forms to be used in conjunction with this Administrative Order. 6. The procedures and time standards set forth herein are intended to facilitate the timely, fair and effective resolution of residential mortgage foreclosure cases while ensuring the efficient use of 3 04/24/2015 3:00PM Filed Lee County Clerk of Court eFiled Lee County Clerk of Courts Page 3 court resources. The procedures and time standards do not supplant any existing rule, statute, or law. This Administrative Order shall not be construed as granting any rights not already provided for by tule, statite, or law. 7. To the extent that any provision of this Administrative Order may be construed as being in conflict with any rule, statute, or law, the rule, statute, or law shall prevail. yth DONE AND ORDERED in chambers in Fort Myers, Lee County, Florida, this SET day of Alps: | , 2015, . Rosman ef Judge History.~ New 4 04/24/2015 3:00PM Filed Lee County Clerk of Court eFiled Lee County Clerk of Courts Page 4