ORANGE COUNTY, Fla – Nearly two months after a lawyer was jailed for contempt of court while battling his homeowner’s association, an appeals court has denied the attorney’s petition to be set free.
Bruce Burtoff, 77, represented three of his neighbors in an unsuccessful 2020 lawsuit against their homeowner’s association that alleged mismanagement.
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A judge incarcerated Burtoff for civil contempt on March 4 after the attorney repeatedly refused to identify two of his clients who sued the HOA anonymously using the pseudonyms Jane Doe and Joe Doe, court records show.
A different judge dismissed the plaintiffs’ lawsuit against the North Shore at Lake Hart HOA in 2023, calling it “incoherent”.
The HOA, which claims it has spent well over $100,000 defending what it calls a “frivolous” lawsuit, said it needs the real names of Jane Doe and Joe Doe to collect attorney’s fees from them.
The HOA is also seeking attorney’s fees from Lynn Sandford, the only plaintiff who identified herself by name on the lawsuit.
“I’m just very disappointed and frustrated,” Sandford said about the appeals court denying Burtoff’s petition to get out jail. “I’m waiting to see what happens next.”
In an emergency petition filed with the 6th District Court of Appeals earlier this month, Burtoff argued that disclosing the plaintiffs’ identities would violate a Florida Bar rule related to the protection of confidential attorney-client information.
Burtoff also claimed Circuit Court Judge John Jordan inappropriately found him in contempt during a February court hearing that was scheduled while the attorney was on a Caribbean cruise and unavailable to attend.
The HOA, which accused Burtoff of “abusing” his court availability schedule, disputes that the attorney-client privilege bars Burtoff from revealing his clients’ names.
Burtoff asked the appeals court to vacate the lower court’s contempt order and release him from the Orange County jail.
A three-judge panel of the 6th District Court of Appeals denied Burtoff’s petition Wednesday without explanation.
“The amended emergency petition for a writ of habeas corpus is denied,” the single-page order reads.
Burtoff remained incarcerated at the Orange County jail on Thursday.
The contempt order states Burtoff can be released at any time if he discloses the names, addresses, and telephone numbers of the anonymous plaintiffs.
Burtoff’s attorney, Richard Parker, did not immediately comment on the appeals court ruling or what Burtoff may do next.
The HOA’s attorney, Todd Hoepker, did not respond to multiple emails from News 6 offering the opportunity to comment.
HOA President David Gordon did not immediately respond to phone calls from News 6.