Wednesday, September 2, 2009

3d DCA Watch -- I'm Only Sleeping Edition



Hi kids!

For once Tallahassee kept their grubby hands out of it and thus the carefully packaged written utterances have been released from the concrete bunker precisely on schedule, much like well-timed stink bombs at a high school assembly.

So let us not prevaricate, as it is notably apodictic that we are poised to decline the parties' invitation.

Oops -- I was channeling my favorite judge there for a moment.

How about we start by declaring Barbara Green the world's finest 3d DCA appellate lawyer -- just this week alone she is two for two.

Ok ok -- Lauri Waldman Ross won one today, too.

Do you ladies ever lose?

I have carefully reviewed this week's opinions for a whiff of anything remotely interesting, and have decided to translate them into the ancient language of Euskara so as to stay awake and find a way to finish this blog po........

ZZZZZ

Huh?

Right, as I was saying, you'll be surprised to learn that the 3d overruled the 11th Circuit sitting in its appellate capacity, which had affirmed a trial ruling against United Auto.

See what I mean?

Let's see if this is more interesting -- let me provide the core holding of the Carlton Fields malpractice case, except translated into Dutch (not all of you are Basque separatists):
Wij gaan met het proefhof akkoord. NAI de eisen van het procesmisdrijf zijn volledig verstoken van verdienste. Zoals het proef gevonden hof, en het omvangrijke verslag openbaren, waren beide firma's bewonderenswaardig gepresteerd tijdens de vertegenwoordiging van NAI, en resultaat van het federale proces gebaseerd, niet op het ontoereikende gedrag van de procureurs, maar op de mislukking van NAI en Estrin om een gebeƫindigd contract te bereiken.
Now that I find mentally stimulating.

9 comments:

Anonymous said...

SFla: it sucks that the law firms had to go all the way through summary judgment with a case built on those flimsy facts. Any way to bring up the issue in a motion to dismiss? signed - - your best fan forever.

Anonymous said...

Ez dakit euskaraz hitz egiten.

Anonymous said...

LOVE THE BEATLES CARTOON

South Florida Lawyers said...

1:09 -- you nailed it.

12:41, if I were defending the case I too would have set it up for sj motion, which in fact Judge Genden granted.

The 3d did make reference to protected (litigation) conduct, which perhaps could have been the subject of a motion to dismiss, but would not have gotten rid of the whole case and is not as solid as prevailing on a sj motion.

eyeonshumie said...

Little too early for the Shumie. But I'm counting the minutes.

Anonymous said...

Shumie is geroepen!

Anonymous said...

1:09, Husker Du.

Anonymous said...

1:09, Husker Du.

Anonymous said...

Suarez tried to stick to a little kid in favor of the County in a med mal case. P Yew.