Merriganv. Bank of New York Mellon, et al, No. 2D11-178, June 24, 2011, Second District Court of Appeal

April, 2011-ACLU filed petition in appellate court alleging Lee County rocket docket (12-2008), processing foreclosure cases differently than other civil cases, violates due process

Merriganin foreclosure after leaving job to care for husband injured in car accident

Merriganintended to vigorously defend case and sought re-assignment to general civil docket

ACLU: deck stacked against homeowners, Florida Supreme Court said clearing cases must comport with fairly adjudicating cases on merits

Florida legislature funded senior judges for backlog, funding ends June 30th, 2011

Lee chief Circuit Judge responded that rocket docket allows parties to opt out and have norehearings

Appellate Court ruled that case management system does not summarily impact due process, courts can manage caseload