NOW THIS IS AN "ORDER TO SHOW CAUSE" WORTH READING .....

THE CAPTAIN REPORTS:

THIS GUY HAS COJONES .......

Attorney Bruce Jacobs has a lot of balls, and they may become Schweddy Balls, (SNL Season 24, Episode 9, December 12, 1998; starring Alec Baldwin long before he starred as Donald Trump), if the 3^rd DCA has anything to say about it.

Jacobs has been an attorney for 21 years, beginning his career as a Miami Dade prosecutor in 1997. He now heads a foreclosure defense firm here in Miami and as he boldly says on his web page, "he has dedicated his practice to helping David fight Goliath." If you tune into 880-AM on your radio dial on Wednesday evenings from 5-6 PM you can catch his radio show called "Debt Warriors".

Jacobs has a reputation for not backing down to anybody, and that includes the judges on the Third District Court of Appeal.

Last week, the 3^rd DCA issued an opinion in the case of Aquasol Condominium v HSBC Bank, 3D17-352. Jacobs represents the Appellant Aquasol. You can read the full opinion by going here:

The Opinion by the 3^rd was actually an ORDER TO SHOW CAUSE ordering attorney Jacobs to show cause why the court should not impose sanctions for filing a motion and briefs that violate the Florida Rules of Appellate Procedure and Rules Regulating the Florida Bar.

I won’t go into the background of the case as this is a criminal blog, but the language the opinion cited that is attributed to Mr. Jacobs is definitely worth the read.

In Jacobs Motion For Rehearing and Rehearing en Banc, Jacobs says:

"Most disturbing, the opinion sends the wolves after Aquasol’s counsel personally by commending the trial court’s ‘patience’ for not holding him in contempt of court. Truthfully, no court should dare make the front page of the paper for jailing an attorney for asking about a false document in evidence. This Court’s opinion intentionally emboldens judges to abuse their contempt powers."

"This Court’s insistence on ignoring established Florida Supreme Court law to benefit bad corporate citizens is certain to cause chaos."

"Fla. Stat. § 673.3011 controls enforcement of negotiable instruments, not mortgages. Ownership controls the right to enforce the mortgage. This Court is acting illegally by instructing the law is otherwise."

Jacobs eventually reaches the CONCLUSION portion of his Motion, which the 3^rd describes as "a desultory diatribe", where Jacobs says, among other things:

"I have faith that this David v. Goliath battle will end justly. I deeply reject that I should be held in contempt for standing up for homeowners against a corrupt foreclosure system. This is not Russia or North Korea."

"My ancestors on my mother’s side trace back to the tribe of Kohanim, the priests of the temple in Jerusalem. My father’s ancestors trace back to the tribe of Levi, who assisted the priests of the temple in Jerusalem. My ancestors were the first refugees. They have stood up to injustice and abuse throughout history."

Moving on from Jacobs "painful childhood, his wife and children, the nature of his law practice, and how he became a "student of the [foreclosure] crisis", Jacobs goes on to say in his Motion:

"I refuse to accept the idea that you cannot win when you are right. This is a biblical, spiritual journey for me. I have faith I will be protected because I am acting so clearly within the law and this Honorable Court is not."

"..... This foreclosure crisis was such an interesting phenomenon. Courts kept covering up for Banks that were intentionally doing it wrong."

"Banks have all the resources to do it right but made business decisions to do it fraudulently. It’s as if they knew the Courts would always let them get away with it. Some out of fear as elected officials. Some out of indifference. Some out of belief that banks and bad corporate citizens got them to their position and they are on that team. The banks should always win. I call those judges traitors to the constitution."

" ..... The judges decide the rule of law, and whether any rule of law exists. Maybe the rule of law only applies to the rest of us."

"This Court is sworn to protect and defend the constitution of the United States of America, not the foreclosure fraud of Bank of America or HSBC."

"Why would anyone sworn to protect and defend the constitution stay silent while domestic enemies destroy our democracy from within? Is this really the world Americans should live in where those in power do not do what is right?"

Jacobs closes with these two doozies:

"I’m fighting the modern-day monopoly. I am calling all the patriots who swore the oath to protect and defend the Constitution to join me. Any court that protects the monopoly over the rule of law is a traitor to the constitution and should be tried for treason."

"This Court should not ignore Florida Supreme Court precedent and the actual facts of the dispute to reach a pre-determined result of blow the dogwhistle for judges to attack Aquasol’s counsel with contempt and jail for doing his job."  (All emphasis is that of the Court’s).

Jacobs response to the Order to Show Cause is due by tomorrow.

Give Jacobs credit for standing up for the little guy and for fighting the good fight for something he believes in so strongly. Sounds like what many of our criminal defense attorneys in the Public Defender’s Office, Regional Counsel, and the private bar are doing on a daily basis. But maybe they are arguing their positions just a wee bit differently.

Have a great weekend.

CAPTAIN OUT .......
Captain4Justice@gmail.com