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http://www. mattweidnerlaw.com/blog       Click on http://www.5dca.org/oralarguments.shtml to link to the live internet cast 

FORCLOSURE DEFENSE ORAL ARGUMENT IN THE 5TH DCA OF FLORIDA - WATCH THE ARGURMENT LIVE

July 15 at 9 AM

 

This Thursday, July 15, 2010 at 9 AM the elder statesman of foreclosure and title law problems, Clearwater attorney Greg Clark and myself will be arguing a very important foreclosure defense case before the 5th District Court of Appeals in Volusia County, Taylor v. Deutsche Bank.  Bookmark the 5th DCA site here and make plans to log in to watch the arguments LIVE!

Click on this link for a list recent oral arguments and a very interesting foreclosure case, U.S. BANK v. BJELJAC, ET AL. to get a feel for how tough oral arguments are.

Another very recent argument that came out of the 5th DCA, is SHEPHEARD v. DEUTSCHE BANK TRUST where the 5th DCA slammed attorneys for the foreclosure mills and ruled that the homeowner defendant was entitled to prevailing party attorney’s fees in that case.  Click on the link above for case law and arguments and link below for the reported decision:

SHEPHEARD v. DEUTSCHE BANK ..

As we’ve seen from the string of appellate court opinions recently been released from circuits across the state, especially Riggs, Verizzo and BAC Funding, trial courts are now paying close attention to the details contained within the documents on the cases before them.  The Taylor case illustrates several of the key issues that we all need to be concentrating on.  FIRST MAKE SURE THAT YOU HAVE A COURT REPORTER AT ALL HEARINGS. You must have an accurate and clear record of every development in every case.  Next, do not assume that the circuit court understands the unique and specific issues in your case, make sure your issues are clear, distinct and preserved for appeal if things do not go in your direction.  Finally, the specific technical issues at play

Taylor+Answer+Brief+Case

Taylor-Appellants’ Opening Brief and Cases

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Tried to view the oral argument and it continued to display the message "Currently Offline", so wasn't able to observe the proceeding.
Wasn't sure if it was due to the capacity being exceeded for viewing seats or other technical difficulty, or other issue?

Was anyone able to observe the oral argument online?   If so, please provide a summary of what those of us who weren't able to see this missed? Thanks.
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I cann't get in either. The Appeal Court website keeps the video files in their file. I guess we can look at it after Appeal court put in in the archive file. Maybe too many of us logging to see the court proceeding this morning and the website crashed.

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Click on link below to see the video
http://www.5dca.org/ArchivedOAs/2010/Aoa7-15-10.pdf

Thanks Mike for sending me this link
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VIDEO REPLAY OF July 15th, 2010 ·DCA 5 FORECLOSURE CASE. IT'S TIME TO APPEAL,  APPEAL, APPEAL

CLICK HERE FOR LINK TO VIDEO OF ARGUMENT

(Taylor v. Deutsche Bank)

Today’s oral argument before the 5th Circuit Court of Appeals in Daytona Beach Florida was one of the highlights of my career.  The only thing I take more personal and professional pride and satisfaction from is going to war against the aggressive and well-funded firms and winning for clients who don’t have the means or resources to pay big law firm fees.

The arguments were tough and these judges knew this case inside and out.  The research the judges had done and the comments that the Chief Judge, “did a nationwide search of cases”, shows just how much attention these judges are paying to the important issues raised in this case.  A key thing I want everyone in this community to know is just how much work was contributed to this case by many other people.  The key point of this experience is the emerging understanding that these issues are far more significant than “merely foreclosure”.  The brightest and most experienced lawyers, judges and advocates now recognize just how complex and confounding the foreclosure catastrophe is.  Recognition is an important first step…and what is this fight?

This fight we are engaged in is a fight to PRESERVE, PROTECT AND DEFEND our homes, our courts, our Constitution and fundamentally our country.  I am convinced that this 5th District Court of Appeals really gets it and I am more convinced than ever that the solution to the foreclosure crisis –the long term solution that benefits lenders, financial markets, communities, courts and homeowners is to BRING THESE ISSUES BEFORE APPELLATE COURTS.

Our commitment must be to selflessly give to support the effort to protect our clients, develop this law area of the law and CONVINCE OUR JUDGES THAT THEY HAVE A SOLEMN AND UNAVOIDABLE DUTY to apply the law in support of homeowners, their communities and the Constitution they took an oath to uphold.

Its time for more appeals.  Time to stop complaining about motions being denied and law not being applied.  Time to join together, contribute the resources, time and talent to make this right.  Stay tuned and be ready to pitch in.

(A special thanks to my hero and the mentor of many great lawyers across the country, April Charney who traveled with her daughter [an emerging attorney to be reckoned with in her own right] to watch the argument live. )

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I watched the recorded version of the Appeal and it was very interesting, although somewhat hard to follow.  Very difficult to tell from the Appeal Judges what they are thinking as it seemed that they grilled both sides fairly well-done, and didn't tip their hand at all.  It will be interesting to read the decision, and why they decided in such a way.

Hoping for justice on the part of the Appellant.  Kudos to Mr. Weidner and hopefully he will taste victory here, and many times to come on the subject matter.
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