ORANGE COUNTY, Fla. \u2013 An attorney who represented three of his neighbors in an unsuccessful lawsuit against their homeowner\u2019s association has been locked up in jail for nearly two months, News 6 has learned.<\/p>\n
Bruce Burtoff, 77, was jailed for contempt of court March 4 because he refused to identify two of his clients who anonymously sued their HOA using the pseudonyms Jane Doe and Joe Doe, court records show.<\/p>\n
Burtoff, who is asking an appeals court to overturn the civil contempt order, argues that disclosing the plaintiffs\u2019 identities would violate a Florida Bar rule related to the protection of confidential attorney-client information.<\/p>\n
The HOA disputes that attorney-client privilege prevents Burtoff from revealing identifying information about Jane Doe and Joe Doe.<\/p>\n
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Burtoff remains incarcerated at the Orange County jail as the appellate process is underway. The contempt order states he can be released at any time if he discloses the names, addresses and telephone numbers of the anonymous plaintiffs.<\/p>\n
\u201cI\u2019m very disappointed and near tears,\u201d said Lynn Sandford, the only plaintiff to identify herself in the lawsuit. \u201cHis incarceration is one of the most unfair, no justice situations I\u2019ve ever witnessed.\u201d<\/p>\n
Sandford and the two anonymous plaintiffs sued the North Shore at Lake Hart Homeowner\u2019s Association in 2020, alleging mismanagement of the 1,049-home community in southeast Orange County. <\/p>\n
Eight current and former HOA board members and officers were also named as defendants.<\/p>\n
\u201cPlaintiffs Jane Doe and Joe Doe request anonymity for fear of reprisal, retribution and retaliation against them by the Defendants,\u201d the complaint stated.<\/p>\n
Sandford, who is currently being sued for slander by the HOA\u2019s president and previously reached a confidential settlement in a separate slander lawsuit filed by the HOA, believes her neighbors are afraid of publicly criticizing the association.<\/p>\n
\u201cFolks don\u2019t want to speak out with their name on it,\u201d said Sandford, who claims she does not know the identities of her fellow plaintiffs.<\/p>\n
Sandford and the Does were originally represented in their lawsuit by Burtoff, who also lives in the North Shore at Lake Hart community.<\/p>\n
But in early 2023, Burtoff filed notices in court indicating he was withdrawing as the attorney for Jane Doe and Joe Doe due to \u201cirreconcilable differences.\u201d<\/p>\n
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Although Burtoff no longer intended to represent the Does, the attorney told a judge he would continue to accept legal correspondence on their behalf and forward it to them to preserve their \u201cconfidences.\u201d<\/p>\n
The HOA immediately filed a motion demanding Burtoff disclose the anonymous plaintiffs\u2019 identities.<\/p>\n
\u201cDefendants have a right to, and must obtain, the identities and contact information for Jane and Joe Doe, especially if their counsel withdraws and they are proceeding in this matter pro se [on their own behalf],\u201d the HOA\u2019s attorney wrote. <\/p>\n
Before a judge ruled on the parties\u2019 requests, the lawsuit filed by Sandford and the Does was dismissed with prejudice, so it cannot be re-filed.<\/p>\n
Five previous versions of the lawsuit had also been thrown out, court records show. <\/p>\n
In his dismissal order, Circuit Court Judge Emerson Thompson described the residents\u2019 complaint as \u201cincoherent.\u201d<\/p>\n
\u201c(The complaint) does not clearly allege which board members acted improperly during a particular period of time,\u201d Thompson wrote. \u201cNor does the complaint specify who the board members were when an alleged unauthorized act occurred or what the act was as it relates to specific board members.\u201d<\/p>\n
The very next day, the HOA\u2019s lawyer filed an affidavit seeking attorney\u2019s fees and costs from the three plaintiffs.<\/p>\n
At the time of the October 2023 filing, the HOA claimed it had incurred more than $116,200 in legal expenses defending the lawsuit.<\/p>\n
Those legal costs had grown to more than $300,000 by the following year, according to a newsletter on the HOA\u2019s website. The final amount will be determined at a future court hearing, records show.<\/p>\n
\u201cDefendants will be severely prejudiced without the identities and contact information for Jane Doe and Joe Doe, particularly as to their respective liability for attorneys\u2019 fees and costs arising out of this matter,\u201d the HOA\u2019s lawyer wrote in a subsequent motion seeking to compel disclosure of the plaintiffs\u2019 names.<\/p>\n
Burtoff initially argued in court papers that he was not obligated to identify the Does since they had been quietly dropped as plaintiffs more than a year earlier, when an amended complaint was filed under only Sandford\u2019s name.<\/p>\n
The attorney also said he could not disclose the names due to \u201cattorney-client privilege,\u201d court records show.<\/p>\n
\u201cNeither (the HOA nor its attorney) can articulate a single reason why they need this information now,\u201d Burtoff wrote in response to the HOA\u2019s request for the identity of the Does. \u201cThere is no imminent danger of death or bodily harm nor an endangered child, simply nothing except (the HOA and its attorney\u2019s) efforts to harass and intimidate Plaintiff Sandford (and) harass this attorney.\u201d<\/p>\n
In early 2024, a judge temporarily denied the HOA\u2019s request to compel Burtoff to identify the anonymous plaintiffs because Sanford had appealed the dismissal of her lawsuit.<\/p>\n
Nearly two years later, after an appeals court affirmed the trial court\u2019s dismissal order, the HOA resumed its quest to collect attorney\u2019s fees from Sandford and the Does.<\/p>\n
Circuit Court Judge John Jordan instructed Jane Doe and Joe Doe to personally appear in court with valid personal identification on January 27, 2026.<\/p>\n
After the Does failed to show up, Jordan ordered Burtoff to disclose the names, addresses and phone numbers of his anonymous clients by February 3.<\/p>\n
Burtoff did not comply, records indicate, prompting the HOA to ask the judge to find the attorney and his three clients in contempt. <\/p>\n
\u201cBurtoff\u2019s complete and utter disregard of this Court\u2019s directives and orders and his obligations have wasted this Court\u2019s precious time and resources, have caused the Association to incur unnecessary attorneys\u2019 fees and expenses, and have prejudiced the Association\u2019s ability to obtain and collect an award of attorney\u2019s fees and costs,\u201d HOA attorney Todd M. Hoepker wrote in a motion for contempt. <\/p>\n
The HOA requested a Feb. 11 court hearing to address its contempt request.<\/p>\n
Burtoff immediately filed an objection, claiming he was \u201cout of the country\u201d and would \u201cnot be able to attend\u201d the hearing. <\/p>\n
Court records show Burtoff had notified the judge one month earlier, on January 6, that he would be \u201cout of the jurisdiction\u201d that week with \u201climited access to email or phone.\u201d<\/p>\n
Burtoff later explained that he was on a cruise with his wife in the U.S. Virgin Islands, records indicate.<\/p>\n
The HOA, which has accused Burtoff of \u201cabusing\u201d his court availability schedule, noted that Burtoff filed legal papers during the same period he claimed to be out of the country.<\/p>\n
Jordan held a contempt hearing Feb. 11, despite Burtoff\u2019s pre-announced absence.<\/p>\n
Burtoff, Sandford and the Does did not appear, records show.<\/p>\n
During the hearing, which lasted less than 10 minutes, Jordan granted the HOA\u2019s motion for civil contempt against the attorney and his three clients.<\/p>\n
\u201cBurtoff has shown a willful and contumacious disregard of the (orders) and directives of the Court and therefore the imposition of civil coercive sanctions is necessary and appropriate to ensure compliance with the Court\u2019s orders and directives,\u201d Jordan wrote in an order commanding law enforcement to take the attorney into custody.<\/p>\n
The order noted that Burtoff could be released from jail \u201cat any time\u201d if he disclosed the names, addresses and telephone numbers of Jane and Joe Doe.<\/p>\n
Jordan also ordered Burtoff to pay a $500 daily fine to the HOA until he complied with the conditions.<\/p>\n
The Orange County Sheriff\u2019s Office has been unable to take Joe Doe and Jane Doe into custody since the agency requires names to be listed on court papers, records show.<\/p>\n
Although the judge found Sandford in civil contempt, records show Jordan later vacated the order after Sandford testified under oath that she did not know the identities of the Does.<\/p>\n
Deputies took Burtoff into custody on March 4 when the attorney appeared in Jordan\u2019s courtroom for a hearing in the case, records show. Burtoff was booked into the Orange County jail later that afternoon.<\/p>\n
Two weeks later, while Burtoff remained incarcerated, Sanford filed a motion on her own behalf seeking to disqualify Jordan from the case. <\/p>\n
Sandford\u2019s motion noted the judge\u2019s decision to hold the contempt hearing despite Burtoff\u2019s documented unavailability that day. <\/p>\n
Jordan granted the motion to disqualify himself and the case was re-assigned to another circuit court judge, records show.<\/p>\n
\u201cEven when the allegations may be misstated, judges should not try to defend the honor or reputation of the Court when reviewing and ruling upon motions for disqualification,\u201d Jordan wrote. <\/p>\n
Later that week, a state commission announced<\/a> that Jordan admitted to violating Florida\u2019s Code of Judicial Conduct in two unrelated cases and had agreed to a public reprimand. <\/p>\n Burtoff is now asking the Sixth District Court of Appeal to quash Jordan\u2019s contempt order and release him from jail.<\/p>\n \u201cImmediate intervention is required to restore his liberty,\u201d Burtoff\u2019s attorney Richard Parker wrote in an emergency petition for a writ of habeas corpus<\/a>. \u201cPetitioner\u2019s only recourse is to request relief from this Court.\u201d<\/p>\n Burtoff\u2019s petition cites a Florida Bar rule that allows attorneys to exhaust all appeals before being forced to reveal confidential client information.<\/p>\n The HOA called Burtoff\u2019s narrative \u201cfalse and misleading.\u201d<\/p>\n