Bondi Seeks Ruling so Stern can Advance to Supreme Court
Attorney General Pam Bondi has asked the 4th District Court of Appeals to give a procedural ruling regarding a decision she intends to appeal to the state Supreme Court.
Bondi filed a motion Friday requesting the 4th DCA to certify its decision in Law Offices of David Stern PA v. State of Florida.
In its ruling, the 4th DCA held that the attorney generals office lacked authority -- under the Florida Deceptive and Unfair Trade Practices Act -- to subpoena records from Stern as part of a robo-signing investigation into possible misconduct in the firms handling of foreclosure cases.
The Stern case is significant because FDUPTA is the principal enforcement tool available to the attorney general's office to remedy foreclosure-related misconduct, the attorney generals office release stated. In addition to the Stern firm, the attorney generals office has six pending investigations into law firms for potential misconduct in foreclosure cases.
Stern was once Floridas most prolific foreclosure firm, serving as attorney of record in more than 100,000 cases across the state before the firm shut down earlier this year.
In August 2010, the attorney generals office began investigating the firm amid allegations that improper documentation was being created to speed up foreclosures.
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