Filing# 160003005 E-Filed I 0/26/2022 11 :57:09 AM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AI

CASE NO.: 50-20 17-CA-004532-XXXX-MB

T HE OAKS AT BOCA RATON PROPERT Y

OWNERS ASSOCIAT ION INC.,
Plaintiff/Pe titioner
vs,

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LAURENCE S. SCHNEIDER,
ST EPHANIE L. SCHNEIDER,
et al.,

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Defendant/Respondents.
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ORDER SETTING RESIDENTIAL FORECLOSURE NON-JURY TRIAL

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AND DIRECTING PRETRIAL PROCEDURES

I. SCHEDULING
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T his action is set for non-jury trial and will be heard by a Senior J tKlge. YO U WILL
A PPEA R AT 09:00 A M ON January 25, 2023, IN COURTROOM 4A, PA LM
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BEA CH CO UNTY CO URTHO US E, 205 N. DLXIE HIGHWAY, WEST PA LM

BEA CH, FL 33401 , FWRIDA for the non-jury trial. (90 Minutes are reserved). It is
the Judge's intent to cof1l)lete the trial on the date certain listed above. If the trial cannot be
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heard on that date, the trial period will nm for 20 consecutive days (weekend and holidays
excluded) beginning with the trial date specified above . T he parties will do all things
reasonable and necessary to assure the availability of their w itnesses for the entire trial
period or to o therwise prese rve their testimony for trial as provided by the Florida Rules
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of C ivil Procedure. See Rttle 1.330 Fla. R. Civ. P. and Rule 2.545 of the Florida Rttles of
J tKlicial Administration. Please go to the w hite board on the 4th flo or outsid e of
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courtroom 4A to confirm courtroom assignment. Failure of' Plaintiff"s counsel to

a1>1>ear may r es ult in dis miss al of the case.
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II. TIME RESERVED AND SERVICE LISTS

T his order reflects the time (days/hours/minutes) anticipated for the trial. (See
Paragraph I.) If more or less time is needed, notify the court via email at CAD-
srjdtrials@pbcgov.org and file with the Clerk in writing of any change in the time
requested. If the parties disagree regarding the amount of trial time needed, each party will
file with the Court a Notice o f Estimated Time Need for Trial, identifying the case style
arKI case nwrber, the amotmt of trial time the party is requesting , how many witnesses , arKI
the nature of the disagreement. Such requests will be considered in advance of the time of
trial.
All counsel or self-represented litigants will review the service list in or attached to

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FILED: PA LM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 10/26/2022 11 :57:09 AM
Case No.50-20 17-CA-004532-XXXX-MB

this order and advise the Court in writing via email at CAD-srjdtrials@pbcgov.org of any
additions to the service list.

III. PRETRIAL MOTIONS AND MOTIONS WHICH REQUIRE RESCHEDULING

OR CANCELATION OF TRIAL
A. PRE-TRIAL MOTIONS. A ll J>re-trial motions must be heard J>rior to the day
of trial. A ll motions filed and not timely se t for hearing may be deemed
abandoned by the court. No motions will be heard on the day of trial.

B. MOTIONS TO CONTINUE TRIAL All motions to Continue T rial, Strike T rial

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Date, to Reschedule T rial, and any other Motions whic h affec t the scheduling of a
trial that is se t purs uant to this order, incltKling but not limited to Motions to ArnerKI,
Motions for Extension of T ime, and Motions to Withdraw as Comisel are to be set
for hearing with proper notice to all parties at Unifonn Motion CalerKlar. T hey are to

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be heard by the Judge in the Division in whic h the case is assigned. No such
motions wmbe heard by the Senior Jud2es on the day of trial,

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IV. UNIFORM PRETRIAL PROCEDURE

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A. T he parties will exchange lists of all trial exhibits, names, arKI addresses of all trial
witnesses, names, addresses of all expert witnesses and names, and addresses of
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all rebuttal witnesses .
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B. On the last business day no later than twenty (20) days prior to trial, the parties will
confer and:
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I. disc u.55 se ttlement;

2. simplify the iss ues and s tipulate, in writing, as to as many facts and iss ues as
possible; arKI
3. list all objections to trial exhibits (o bjections must s tate specific gro tmds only).
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C. ADDIT IONAL EXHIBITS, WITNESSES OR OBJECT IONS. At trial, the parties

will be stric tly limited to exhibits, witnesses disclosed, arKI objections previo usly
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preserved. Failure to s tate objections to previo usly disclosed exhibits purs uant to
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this order constin1tes a waiver. A party intcrKling to use an exhibit or witness

discovered after co tmsel have conferred purs uant to paragraph B will immediately
furnish the Court arKI other co tmsel with a description of the exhibit or with the
witness' name and address and the expec ted s ubject matter of the witness' testimony,
toge ther with the reason for the late discovery of the exhibit or witness . Use of the
exhibit or witness may be allowed by the Court for good cause s hown or to prevent
manifest injustice.

D. DISCOVERY. All discovery must be comple ted no later than ten (10) days before
the date set for trial.

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Case No.50-20 17-CA-004532-XXXX-MB

E. PRE-TRIAL CONFERENCE. All attorneys will be thoro ughly familiar with the
case and pre pared to consider and detennine immediately prior to trial s uc h matters
as are set fo rth in Rule 1.200, Fla. R. Civ.P.(2012). Accordingly, this notice also
constin1tes yo ur notice of pre trial and case management conference.

F. UNIQUE QUESTIONS OF LAW. Prior to trial, co unsel for the parties are directed
to exchange and simultaneously s ubmit to the Court appropriate memoranda with
citations to legal authority in s upport of any unique legal questions, whic h may
reasonably be anticipated to arise during the trial.

G. STIPULATIONS. All stipulations will be in writing . The Court may agree to the
parties' stipulation, exce pt to the extent that the stipulation may interfere with the

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Court's scheduling of the matter for trial or hinder the orderly progress of the trial.

H. PREMARKING EXHIBITS. Prior to trial, eac h party will mark for identification all

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exhibits (pursuant to the guidelines and template attached).

I. DEPOSITION DESIGNATIONS. Prior to trial, eac h party will serve his, her, or its

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designation of depositions, or portions of depositions, eac h intends to offer as
testimony in his, her, or its case in chief. Prior to trial, eac h opposing party will
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serve his, her, or its co tmter (or "fairness ") designations to portions of depositions
designated, together with objections to the depositions, or portions thereof,
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originally designated. Prior to trial, eac h party will serve his, her, or its objections to
co tmter designations served by an opposing party.
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J. ORIGINAL DOCUMENTS. The plaintiff is required to either present the original

pro missory note at trial or, if otherwise alleged in the complaint, re -es tablis h the los t
note. If the original note is in the court file, J>lease email CAD-
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s rjdtrials@J>bcgov.o rg five (5) days J>rio r to trial to re quest the file. (Sec
Administrative Order 3.3 11-4/ 12 regarding dis posal of foreclosure trial exhibits .)
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K. FINAL J UDGMENT AND FINAL DISPOSITION FORM. Cotmscl will bring to

trial stamped, self-addressed envelo pes for all parties on the service lis t not
registered for c -servicc and a proposed Final JtKlgment with s ufficient co pies for
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service. The content of the proposed Final Judgment will include a reservation of
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jurisdic tion arKI will be consistent with Administrative Order 3.304-3/ 12 (as
amended). Cotmscl will also provide a comple ted Final Disposition Fonn (Fonn
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1.998).

L. WH EN STANDING IS RAISED AS A DEFENSE. In any case in whic h starKling is

raised as a defense, defense co tmsel will pre pare, and prior to trial will provide to
the opposing co tmscl/party, a chart that tracks sequentially the ownership/possession
of the s ubject note from the date of ince ption through the present date . With the
exce ption of the original note, co pies of all s upporting doc mnents (assignments,
allongcs, e tc .) will be attached to the chart. A co py of the same will be provided to
the J tKlgc on the day of the trial.

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Case No.50-20 17-CA-004532-XXXX-MB

V. NONCOMPLIANCE
NONCO MPLIANCE \VJTH ANY PORTION OF THIS ORDER MAY RESU LT
IN TH E DISMISSA L OR STRIKING OF THE CASE, \VITNESSES, OR
EXH IBITS, OR IMPOS ITION OF SUC H OTHER SANCTIO NS AS A RE J UST.

DONE AN D ORDERED in Chambers, at West Palm Beach, Palm Beach Com1ty,

Florida.

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S0-2017-CA-004532-XXXX -MB J0/2512022
Ricl1ard L. Oftedal
Senior Judge

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CO PIES TO:

VUT H UN, ESQ. SACHS SAX CAPLAN vun@ssclawfinn.com

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6 111 BROKEN SOUND forcclosurcs@ssclawfinn.com
PARKWAY N W, SUIT E200 cres tivo@ssclawfinn.com

JOSEF M. FIALA, ESQ.

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BOCA RATON, FL 334 87
VERNIS & BOWLING OF jfiala@ floricla-law.com
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PALM BEACH, P.A. knisscn@floricla-law.com
6 18 U.S. HIGHWAY ONE, cschracler@ floricla-law.com
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SUITE200 pbfiling@ floricla-law.com

NORTH PALM BEACH, FL
33408
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MART IN G. McCART HY, MCCART HY & YERSEL, mccarthy@myattorncyserviccs.

ESQ. PLLC com
4929 SW 74T H CT. cycrscl@myattorncyserviccs.c
MIAMI, FL 33 155 om
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lawclerk@ myattomcyscrvices.c
om
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SHEILA MESA, ESQ. SIOLI ALEXNADER PINO jkcllcr@siolilaw.com

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9 155 S. DADELAND BLVD., smesa@siolilaw.com

SUIT E 1600
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MIAMI, FL 33 156

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Case No.50-20 17-CA-004532-XXXX-MB

T his no tice is provided purs uant to Administrative Order No . 2.207

" If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, yo u are entitled, at no cost to
yo u , to the provision of certain assistance. Please contact \Villiam
Hutchings, Jr., Americans with Disabilities Act Coordinator, Palm Beach
County Courthou se, 205 North Dixie Highway \Vest Palm Beach, Florida
33401; telephone number (561) 355-4380 at least 7 days before yo ur
scheduled court appearance, or immediately upon r eceiving this
notification if the time before the scheduled appearance is less than 7 days;

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if yo u are hearing or voice impaired, call 711."

"Si u sted es una persona mjnusvalida que necesit.a algun

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acomodamiento para poder participar en este procedimiento, usted tiene
der echo, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la
amabilidad de ponerse en contacto con William Hutchings, Jr., 205 N.

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Dixie Highway, West P alm Beach, Florida 33401; telefono numero (561)
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355-4380, por lo menos 7 dias antes de la cita fijada para s u comparecencia
en los tribu nales, o inmediat.amente despues de recibir est.a notificacion si
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el tiempo antes de la comparecencia que se ha progr amado es menos de 7
dias; si usted tiene discapacit.acion del oido o de la voz, Harne al 711."
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"Si ou se yo n mou n kj enfim ki bezwen akomodasyon pou w ka

patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
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gen pwovizyon pou jwen kek ed . Tanpri kontakte William Hutchings, Jr.,
koodonate pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
Palm Beach la ki nan 205 No rth Dixie Highway, West Palm Beach, Florida
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33401; telefon Ii se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou paret nan tribinal Ia, oubyen imedyatman apre ou fin r esevwa
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konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou ; si

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ou gen pwoblem pou w tan de ou byen pale, r ele 711."

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Case No.50-20 17-CA-004532-XXXX-MB

PRE-MARKING EXl-nDITS
Parties shall pre.mark a II c>:hibils prior 10 tria I.
The label s ho uld be a ffixed to lhe bade of e a c h exllibit
or co 1he back ord,c last page ifit is a composite exhibit
and con1ains several pages. T he b lank 1e mpla1es with
the division. Plaintiff. Defendant. date o f the tria l. case
number. and other identifying in formation pre fi lled in will
be brought to the trial. Tape should be used 10 adhere
them 10 the back if not using the adhesive labels (no
staples).

IN THE CIRCUIT COURT OF THE FIFTEENTH

JUDICIAL CIRCUIT. IN ANO FOR PALM

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DEAC H COUNTY. FLORTI)A.
Division : Cast No. : S0-20 17-CA-004532-XXXX-
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Plalntlff:
Dt ft ndant:

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Flltd by tht : PLAINTIFF 11 DEFF..t~OANT 11
COURTI I
IOF..t~TlFJCATJON as txhlblt # _ _ _ _ _ _ __
AD;\UTTEO INTO EVTOFA~CEas txhlblt #

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This datt :
By:
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S ENIOkJ UOGE
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IN THE CIRCUIT COURT OF THE FIFTEENTH

JUOICIALC TilCUff. IN ANO FOR PALM
DEAC H COUNTY. FLORTI)A.
Division : Cast No. : S0-20 17-CA-004532-XXXX·
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Plalntlff:
De ft ndant:

Flltd by tht : PLAINTIFF 11 DEFFA~DANT 11

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COURTII
JOFA~TIFJCATJONas txhlblt # _ _ _ _ _ _ __
AD;\UTTED JNTO EVTOFA~CEas txhlblt #
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This datt :
By:
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S ENIOkJ UOGE

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 NOTICE REGARDING FORECLOSURE TRIALS SET JANUARY 25, 2023
BEFORE SENIOR .JUDGE RICHARD OFTEDAL

You are receiving this notice because you have a Foreclosure Trial set before Judge Richard
Oftedal on JANUARY 25. 2023. Please read the following notice ca refully.

The Courthouse is reopened for non-essential hearings, the parties are expected to be present
and follow any social distancing requirements.

All evidence must be pre-marked and originals submitted with any responses and papers

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upon which the parties intend to rely for th eir scheduled hearings.

1. A complete copy must be sent to all parties in the case either electronically or by U.S.

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mail.
2. Complete copies must include a table of Exhibits
3. Counsel must confer with opposing counsel t o determine what exhibits are stipulated
and what evidentiary objections each side is ma intaining and avoid duplicate exhibits.

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4. Provide your witnesses with exhibits prior to the hearing.
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5. The Pre-marked Evidence/Hearing Notebooks and/or Final Judgment package must be
SUBM ITTED IN OPEN COURT.
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If the hearing will result in the entering of a final judgment of foreclosure,
the packet shall be submitted in the order:
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1. Motion or Notice for Trial

2. Foreclosu re Checklist (can be found at https://l Sthcircuit.com/services/foreclosure) include
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an att achment of adding machine ta pe)

3. Payment History
4. Affidavit of Indebt edness (including loan payment hist ory)
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5. Affidavit of Attorneys' Fees

6. Affidavit of Costs
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7. Opposing Affidavits (if any) [see FRCP 1.510]

8. Original Note and Mortgage with a Notice of Filing as cover sheet (see directions below
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if already filed with the Clerk's office)

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9. Updat ed Final Disposition Form - Florida Rules of Civil Procedure Form 1.998 (updated
1/1/2020)
10. Final Judgment (format to comply with the requirements for recorded documents with 3
x 3 space and Florida Rules of Civil Procedure Form 1.996}
11. Four sets of self-addressed and stamped envelopes w ith return address: Clerk &
Comptroller, Pa lm Beach County, P.O. Box 4667, West Pa lm Beach, Florida 33402-4667

Original Prom issory Notes and Mortgages - If t he original note (and mortgage) is in the Cou rt
file, please email CAD-SRJDTrials@pbcgov.org by JANUARY 18. 2023 to notify the Court that the
Originals are in the court file. Case management will request the Clerk t o send the file t o the

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Judge. See also Administrative Order 3.311-04/12 regard ing disposal of foreclosure trial
exhibits.

Agreed Orders disposing of t he Motion should be subm itted timely to CAD-

SRJDTrials@ pbcgov.org. Agreed Orders to continue w ill not be entered by the presid ing judge.

M otions for Continuance - Any Motions for Continuance should be heard by the divisional
Judge prior to t he date of t he hearing. An Order is requ ired to remove a case from the docket. If
a matter is conti nued, please email a copy of the Order canceling the trial or specia l set hearing
to CAD-SRJDTrials@ pbcgov.org. The moving party is responsible for ensuring that the order is

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entered by the divisional judge and a copy provided to the presiding judge via the e mail
above.

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Please continue to check t he 15th Circu it's website for updat es at
https:// 15thci rcuit.com/services/foreclosu re.

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