NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JORGE I. MOREJON and RAMONA L. )

MOREJON, )

)

Petitioners, )

)

v. ) Case No. 2D14-2531

)

F & M REAL ESTATE, INC.; UNITED )

STATES OF AMERICA DEPARTMENT )

OF TREASURY; and CITIBANK )

(SOUTH DAKOTA), N.A., )

)

Respondents. )

)

Opinion filed April 8, 2015.

Petition for Writ of Certiorari to the Circuit 

Court for Hillsborough County; Christine K. 

Vogel, Senior Acting Circuit Judge.

David D. Sharpe of The Law Office of Dario 

Diaz, P.A., Tampa, for Petitioners.

Anthony G. Woodward, Land O'Lakes, for 

Respondent F & M Real Estate, Inc.

No appearance for remaining Respondents.

ALTENBERND, Judge.

Jorge I. Morejon and Ramona L. Morejon, who are the defendant 

homeowners in a residential mortgage foreclosure action, seek a writ of certiorari to 
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quash an interlocutory order that requires them to produce certain private financial 

records for use in a court-ordered mediation proceeding. The records do not appear to 

have been matters that would have been subject to discovery in the foreclosure 

proceeding at the time they were ordered to be produced in the mandated mediation. 

The information might be useful to the parties in negotiating a refinancing or some form 

of workout, but it might also be useful to the lender, who holds a second mortgage, in 

deciding whether and how it could collect on a deficiency judgment. If the homeowner 

would rather have the mediation reach impasse than disclose this information, the trial 

court has no authority to compel the production of these documents at this stage in the 

proceedings. The order departs from the essential requirements of the law and results 

in a type of injury that cannot be remedied on direct appeal. Accordingly, we grant 

relief. See Ryan v. Landsource Holding Co., LLC, 127 So. 3d 764 (Fla. 2d DCA 2013).

I. THE PROCEEDINGS IN THE TRIAL COURT

F & M Real Estate, Inc. ("F&M"), filed the underlying lawsuit on May 31, 

2013. In its complaint, F&M alleged, in essence, that the Morejons executed and 

delivered a promissory note payable to F&M and a second mortgage securing that

indebtedness in June 2006. F&M further alleged that those obligations were 

subsequently modified and that the Morejons were in default of their obligations. 

In December 2013, before the Morejons had even filed an answer or 

affirmative defenses, the trial court sua sponte entered a "Uniform Order of Referral to 

Foreclosure Mediation (Effective June 17, 2013)" (the "uniform referral order"). As 

explained in more detail later in this opinion, as part of the mediation, in mid-January 
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2014, the Morejons received a standardized "Plaintiff's Certification Form" that required 

them to produce the following items that had been requested by F&M: 

1. 2010, 2011 and 2012 Tax Returns

2. All Deeds for property owned

3. Last 3 months of bank statements

4. Last 4 Paystubs

On February 5, 2014, the Morejons filed a "Motion for Relief from Mediation Order 

and/or Motion for Protective Order," in which they objected to the production of most of 

the financial records they were required to produce in conjunction with the mediation 

proceeding. In an order filed May 1, 2014, the circuit court denied the Morejons' motion 

and ordered them to produce all of the items requested by F&M as well as "proof of 

income, proof of residency, utility bills, Dodd-Frank Certification, 4506-T Form" (the 

"production order"). The Morejons seek certiorari review of the May 2014 production 

order.

II. A BRIEF DESCRIPTION OF THE ADMINISTRATIVE ORDERS AND FORMS 

USED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES

IN THE THIRTEENTH JUDICIAL CIRCUIT

Because this case does not involve normal discovery under the Florida 

Rules of Civil Procedure but, instead, involves a rather unusual method of compelled 

information sharing within court-mandated mediation, we believe a little background into 

the program may be useful. The history of mediation in residential foreclosure cases in 

the Thirteenth Judicial Circuit was explained by then Chief Judge Manuel Menendez, 

Jr., in administrative order number S-2012-038, in which he stated: 

In December 2009, the Florida Supreme Court 

determined that mediation programs for homestead 

residential mortgage foreclosure actions should be 

mandatory throughout the state and directed the creation of 

a Residential Mortgage Foreclosure Mediation Program in 
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each circuit. Thereafter, the Hillsborough County Bar 

Foundation was selected as Program Manager for the 

Residential Mortgage Foreclosure Mediation Program 

("RMFM Program") in the Thirteenth Judicial Circuit. In 

December 2011, the Florida Supreme Court terminated the 

statewide managed mediation program effective December 

19, 2011 but provided that cases already referred to and 

pending in a Residential Mortgage Foreclosure Mediation 

Program on or before December 19, 2011 will remain in the 

program through the completion of mediation. Additionally, 

the Court authorized chief judges "to do everything 

necessary to promote the prompt and efficient administration 

of justice."

Upon the termination of the statewide 

managed mediation program, the . . . chief judge [of the 

Thirteenth Judicial Circuit] suspended the automatic referral 

of all newly filed mortgage foreclosure cases involving a 

homestead residence to the Residential Mortgage 

Foreclosure Mediation Program until further order of the 

Court. The suspension of automatic referrals was necessary 

in determining the appropriate measures to manage pending 

and new residential mortgage foreclosure cases, including 

referral of cases to mediation on a case-by-case basis in 

accordance with section 44.102, Florida Statutes, and 

Florida Rule of Civil Procedure 1.700(a).

Foreclosure Procedures, Admin. Order No. S-2012-038 (Fla. 13th Cir. Ct. June 29, 

2012) (eff. July 1, 2012, through Sept. 30, 2012) (internal footnotes omitted). In that 

same administrative order, the Thirteenth Judicial Circuit Residential Mortgage 

Foreclosure Mediation Program, which had been created under the statewide mandated 

managed mediation program, was terminated as of July 1, 2012, except for cases filed 

on or before December 19, 2011. Id. 

By administrative order, beginning July 1, 2012, and continuing at least 

through the time this case was referred to mediation, whether to refer a residential 

mortgage foreclosure case to mediation in the Thirteenth Judicial Circuit was to be

decided on a case-by-case basis. See Foreclosure Procedures, Admin. Order No. S-
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2013-080 (Fla. 13th Cir. Ct. Dec. 18, 2013) (eff. Jan. 1, 2014) (superseding 

administrative order number S-2012-053); Foreclosure Procedures, Admin. Order No. 

S-2012-053 (Fla. 13th Cir. Ct. Sept. 27, 2012) (eff. Oct. 1, 2012) (superseding two 

administrative orders, including administrative order number S-2012-038); Foreclosure 

Procedures, Admin. Order No. S-2012-038 (Fla. 13th Cir. Ct. June 29, 2012) (eff. July 1, 

2012). Although the program has changed in many respects, these administrative 

orders all provide for the referral of these types of cases to mediation on a case-by-case 

basis. Additionally, they all designate the Hillsborough County Bar Foundation as the 

circuit's mediation provider in residential mortgage foreclosure cases.

1

 

The mediation referral procedures set forth in the order in effect at the 

time this case was referred to mediation provide, in pertinent part:

i. After service of the complaint, either party 

may request in writing to the presiding judge that such case 

be referred to mediation. Upon receipt of a request for 

mediation, the presiding judge will evaluate and determine, 

on a case by case basis, whether the case should be 

referred to mediation in accordance with section 44.102, 

Florida Statutes and Florida Rule of Civil Procedure 

1.700(a).

ii. The presiding judge may sua sponte 

evaluate and determine, on a case-by-case basis, whether a 

case should be referred to mediation in accordance with 

section 44.102, Florida Statutes and Florida Rule of Civil 

Procedure 1.700(a).

iii. If the presiding judge determines that a 

case should be referred to mediation, the judge will enter a 

"Uniform Order of Referral to Foreclosure Mediation." A 

copy of the Uniform Order of Referral to Foreclosure 

Mediation may be found on the Thirteenth Judicial Circuit's 

webpage at www.fljud13.org/forms.aspx. Parties wishing to 

 

1Although the Hillsborough County Bar Foundation is designated as the 

provider for the circuit, the parties are allowed some flexibility in selecting a different 

mediation service. Here, the case was referred for mediation to the Hillsborough 

County Bar Foundation Residential Mortgage Foreclosure Mediation Program.
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utilize mediation services other than those provided through 

the Hillsborough County Bar Foundation must follow the 

procedures set out in the Uniform Order of Referral to 

Foreclosure Mediation. Only Supreme Court certified circuit 

civil mediators who are specially trained in mortgage 

foreclosure cases may be designated to provide mediation 

services in the Thirteenth Judicial Circuit.

Foreclosure Procedures, Admin. Order No. S-2012-053 (Fla. 13th Cir. Ct. Sept. 27, 

2012) (eff. Oct. 1, 2012) (emphasis added). The mediation referral procedures set forth 

in the administrative order in effect at the time the trial court entered the production 

order, see Foreclosure Procedures, Admin. Order No. S-2013-080 (Fla. 13th Cir. Ct. 

Dec. 18, 2013) (eff. Jan. 1, 2014) (superseding administrative order number S-2012-

053), are essentially the same as the above-quoted procedures set forth in 

administrative order number S-2012-053. 

The uniform referral order sets forth a number of requirements, including 

the following:

3. At least 30 days prior to a scheduled 

mediation conference the borrower must provide to the 

RMFM Program a completed Borrower's Financial 

Disclosure for Mediation Form and any additional 

documentation that was requested by the plaintiff in its 

Plaintiff's Certification Form. If the borrower is seeking an 

alternative workout option such as a short sale or deed in 

lieu of foreclosure, the borrower must also provide a 

completed Borrower's Financial Disclosure for Mediation—

Short Sale Form or Borrower's Financial Disclosure for 

Mediation—Deed in Lieu of Foreclosure Form, or both, as 

applicable. A Borrower's Financial Disclosure for 

Mediation—Short Sale Form and Borrower's Financial 

Disclosure for Mediation—Deed in Lieu of Foreclosure Form 

may be accessed on the RMFM Program's website at 

www.hillsbarfoundation.com and on the Thirteenth Judicial

Circuit's webpage at www.fljud13.org/Forms.aspx.
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(Emphasis added.) Thus, as described earlier, F&M made its request for information in 

a "Plaintiff's Certification Form," rather than as a normal request for production. 

The uniform referral order entered in this case does not allow the 

Morejons to refuse to participate in mediation or to decline to produce documents if they 

do not want a workout option. Moreover, they can be sanctioned for failure to obey the 

order that is challenged in this proceeding. 

III. THE ORDER DEPARTS FROM THE ESSENTIAL REQUIREMENTS

OF THE LAW

We are well aware of the large number of foreclosure cases pending in the 

circuit courts of the Second District. The need for special procedures and creative 

methods to resolve these cases is not something we wish to discourage. If 

homeowners wish to stay in their homes under modified mortgages or avoid possible 

deficiency judgments, cooperating with disclosure during mediation may often be a very 

prudent choice on their part. But in this case, the Morejons were compelled to produce 

recent financial information that was not relevant to F&M's complaint or designed to lead 

to evidence in that case. Even if we examine the Morejons' answer, which was filed 

later, we are unconvinced that this information could be discovered under the normal 

rules of discovery. The parties have not presented this court with any legal authority 

that would warrant this intrusion into the Morejons' current financial status at this stage 

in the foreclosure proceeding.

We are not confident that the briefing before this court is sufficient to 

determine whether special laws, regulations, or circumstances might justify the 

compelled production of at least some of these items. We quash the order on review 
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without prejudice to F&M's rights to seek normal discovery within the lawsuit or to 

establish its right to obtain specific items identified in its certification form. 

The petition for writ of certiorari is granted. 

CASANUEVA and BLACK, JJ., Concur.